In exchange for the services provided to me by “The Light Within” men/women’s group/retreat and One Heart One Light, LLC, a Utah Non-Profit Limited Liability Corp, their agents, employees, officers, volunteers, and contractors, and any person or organization associated with them and their activities (collectively “OHOL”), I, for myself and anyone who may act on my behalf, (hereinafter referred to collectively as “I and my Heirs” or “my Heirs”) agree to and acknowledge the following:
- Risks. I am voluntarily participating in a program of personal growth and training for men/women (the “Training”) sponsored and operated by OHOL, the name, date, and location of which are given above. The Training will involve a variety of activities, including, but not limited to, strenuous, vigorous and challenging physical, mental, emotional and intellectual activities conducted indoors and outdoors during day and night (the “Activities”). The same elements which contribute to the unique character of the Training and the associated Activities can cause loss or damage to personal property, accidental injury, illness, or, in extreme cases, permanent trauma, disability, or death. OHOL as a matter of integrity and accountability wants me to know in advance of the inherent or potential risks of the Training and the associated Activities. I understand that OHOL will take reasonable steps to seek to provide a safe environment. However, I also understand that certain risks are inherent in the Training and cannot be eliminated without destroying the unique character of the Training and the Activities.
-
The risks discussed above include, but are not limited to:
-
risks associated with outdoor physical activities (such as walking or running on uneven ground) including slips and falls, bruises, sprains, lacerations, fractures, and concussions;
- contact with plants, animals, snakes or insects that could cause stings, bites, allergies, or disease;
- exposure to fire or heat from natural or manmade causes that could cause burns, dehydration, and fainting;
- exposure to cold, wet weather, and to other unpredictable forces of nature;
- exposure to the conduct of Training participants;
- damage to property owned by me or by others;
- the failure or malfunction of equipment;
- inherent risks associated with being in a remote location, distant from medical facilities, where
- evacuation, transport and medical care could be delayed;
- risks associated with traveling by land or air to and from the Training site or to and from a site of emergency medical care.
- I understand that this list is not complete and that other unknown or unanticipated risks may result in property loss, serious injury, illness, or death.
- Well-Being Information. I attest that (1) I have no medical, physical, mental, or emotional conditions which could interfere with or affect my safety while participating in the Training and the Activities, and I am fully capable both physically and mentally of participating in the Training and associated Activities without causing harm to myself or others; or (2) if I have, or suspect I may have, any such condition I have disclosed it fully to OHOL. I further certify that I have no past or present physical or psychological condition that might affect my participation in the Training or the Activities. I understand that certain medical and psychological conditions may increase the risk of my participation in the Training. We are not in the business of providing medical care at the retreat. Any type of urgent need that is beyond first aid, self care, or peer assistance is referred to emergency care. We provide first aid only and refer out any other medical care that might be needed. I release and forever discharge OHOL from any liability or claims for any injuries to me which are a direct or indirect result of my physical or psychological condition. The well-being information which I have given to OHOL is true, to the best of my knowledge, information, and belief and I have disclosed all known or suspected conditions. I agree that I will inform OHOL of additional health conditions that may arise between the day I execute this Agreement and the date of the Training and Activities as well as conditions that arise during the course of the Training and Activities.
- Other Physical Activities. If the event facility has activity venues for swimming, climbing, rope course, hiking, etc., I recognize that these activities are not part of the Training experience. Specifically, water activities are not covered under any OHOL liability policy unless certified lifeguards are on duty, special coverage has been provided, and event planners announce safety requirements. Similar limitations apply to any other physical activities not related to the event program.
- Assumption of risk. I understand and agree that OHOL is not and cannot be a guarantor or insurer of my safety or well-being. I agree to act with reasonable care for my well-being and the well-being of all other people and property around me during the Training and the Activities. I also understand that swimming pools or other bodies of water that could be used for swimming may be present at the locations where the Training is held and that swimming is not a part of the Training experience. I understand that OHOL has not inspected and makes no warranty regarding the condition of those pools or other bodies of water and provides no lifeguards. I agree that if I swim or otherwise enter those bodies of water, I do so at my own risk. I accept and assume full responsibility for all of the risks and hazards associated with participation in the Training, whether known or unknown, including, but not limited to, 1) injury, death, or loss of personal property and related expenses which I may suffer as a direct or indirect result of those inherent risks and dangers described in this Agreement as well as those not specifically described; and 2) any injury that I may cause to any other person or any damage that I may cause to the property of others, as a result of my negligence or wrongful conduct. I elect to participate in the Training with full knowledge of all known or potential risks.
- Voluntary Participation. I confirm that my participation in any and all Activities is purely voluntary, and that I may decline to participate in any of the Activities at any time.
- Relationships. I promise not to engage in any sexual activity, erotic touch or romantic flirtations of any kind during the time that I am at THE RETREAT. I also promise that I will not approach anyone at THE RETREAT for sexual or romantic activity of any kind either during THE RETREAT or at any time following THE RETREAT for a period of not less than 3 months.
- Release. In consideration of being able to participate in the Training, I, for myself and my Heirs, release and discharge OHOL from all claims or causes of action, present or future, arising from physical, emotional, or psychological injury, death and/or property damage suffered by me or any other person, resulting directly or indirectly from my participation in the Training and the associated Activities, including, without limitation, injury or damage caused in whole or in part by errors in judgment and/or any other negligence of OHOL. I understand and accept that by signing this Agreement, I surrender all rights to make a claim or file a lawsuit against OHOL for personal injury, property damage, wrongful death, products liability (including strict liability), breach of warranty or contract, or under any other legal theory.
- Nature of Release. This release, waiver, and indemnity Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Utah. If any portion of the Agreement is held invalid, the remainder of the Agreement will still continue in full legal force and effect.
- Indemnification. In the event a claim is made against OHOL for my acts, I will indemnify OHOL absolutely for all costs and expenses that result.
- Promise of Confidentiality. While participating in the Training and the Activities, I will learn details of and experience how the Training and the Activities are conducted, in both oral and written form, which are proprietary and owned exclusively by OHOL (the “Proprietary Information”). In addition, I may learn during the course of the Training information about other participants which is confidential (the “Confidential Information”). As an express condition of my participation in the Training, I agree that I will not reproduce, duplicate, or copy, in any form or manner, any Proprietary Information without the express written permission of OHOL. I further agree that I will not disclose in any form or manner, written or oral, any Confidential Information which I learn as a result of my participation in the Training and Activities I may, however, share my personal experience of the Training as long as I do not disclose any Confidential Information.
- OHOL Promise of Confidentiality. OHOL agrees to maintain the confidentiality of Confidential Information as stated above, excepting only that, if child or other abuse is disclosed, those staff or other participants who are required by state law to report such abuse are expected to act as required by law.
- Photo Release. I understand that a group photo may be taken near the end of this training that will include my image and I hereby consent to OHOL’s use of any such photos for training, educational, and marketing purposes without any further consent from me.
- Audio/Video Recording Release. I grant OHOL permission to record my likeness, voice on a video, audio, photographic, digital, or any other medium (collectively referred to as “the recordings”). I acknowledge that all rights, title, and interest to the recordings will belong to OHOL. OHOL may also use, reproduce, or distribute in any medium (e.g. print publications, videotape, DVD, internet, live streaming, podcast) these recordings for any purpose that OHOL, and those acting pursuant to its authority, deem appropriate including promotional or advertising efforts. I understand and agree that I will not receive compensation, now or in the future.
- Post Training Follow Up. I understand that OHOL will include me on email lists to provide community information and follow-up connection with other participants. I may unsubscribe from these lists at any time.
- Mediation, Arbitration, Waiver of Right to Sue. I expressly agree that any claim or cause of action of any kind against OHOL as a direct or indirect result of my participation on the Activities or Training, must first be submitted to mediation by a neutral third party, preferably a mediator who practices regularly under the auspices of the courts of the state where the OHOL Area facilitating the Training is located. If after four (4) sessions, mediation is unsuccessful, the matter must then be submitted for a final and binding arbitration of my claims. Any such arbitration will be held in the state where the OHOL Area facilitating the Training is located, and Utah substantive law will apply in all such proceedings without regard to choice of law principles. I agree that any resulting arbitration award is final and binding upon both OHOL and upon me and my Heirs, and by executing this Agreement I am expressly waiving any and all rights to litigate any such claim in any state or federal court. Any cause of action to enforce any arbitration award or any cause of action brought against OHOL notwithstanding the waivers contained in this Agreement, must be brought in a court of competent jurisdiction in the state where the OHOL Area facilitating the Training is located, and Utah substantive law will apply. Any arbitrator chosen pursuant to this paragraph will be chosen from a list or lists supplied by the American Arbitration Association (“AAA”), with AAA rules to apply, and/or the Federal Mediation and Conciliation Service, or from any other mutually agreeable source.
- Agreement Controlling. This release contains the entire agreement between OHOL and me, and supersedes any and all other agreements or representations, written or oral. I understand fully that by signing this Agreement, I waive my legal rights both to assert certain claims against OHOL and to sue or otherwise assert any claims in a court of law. I agree that any dispute between OHOL and me, or anyone representing me, or otherwise arising out of my participation on the Activities and the Training, must be submitted to final and binding arbitration. I fully understand the consequences of this waiver and acknowledge that I have had ample opportunity to ask questions regarding this Agreement. I have read the Agreement in its entirety, I understand the content and implications of the document, I sign this Agreement freely and voluntarily, and I agree to be legally bound by all of the terms and conditions of this Agreement.
Accordingly, YOU as a condition of attending or participating in a OHOL-related activity, hereby release, covenant not to sue, discharge, and hold harmless the Board of Directors of One Heart One Light, LLC, its volunteers, employees, agents, representatives, and assigns (“the Releasees”), of and from the Claims, including all liabilities, actions, damages, costs or expenses of any kind arising out of or relating thereto.
YOU understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Releases, whether a COVID-19 infection occurs before, during, or after participation in any OHOL-related activity.