In consideration of my participation with Well By Melissa, LLC, retreat and associated events and Activities (collectively referred to as “Retreat”) and the services of Well By Melissa, LLC, its agents, owners, officers, volunteers, participants, employees, sponsors, and all other persons or entities acting in any capacity on its behalf, as well as its successor and assigns (collectively referred to as “Salt Yoga”), I, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate (collectively referred to as “Participant”), hereby agree to release and discharge Well By Melissa as follows:

 

1. Waiver of Liability and Release.

 

Participant does hereby release and forever discharge Well By Melissa from any and all liability, claims, and causes in action, which arise or may hereafter arise or are in any way connected to Participant’s involvement in a Retreat. Participant understands that this Agreement discharges Well By Melissa from any liability or claim that the Participant may have against Well By Melissa with respect to any bodily injury, personal injury, illness, death, or property damage

 

2. Indemnification and Hold Harmless.

 

Participant hereby agrees to indemnify and hold harmless Well By Melissa from any liability, claims, and causes in action, which are in any way connected to Participant’s involvement in a Retreat, or use of Well By Melissa's services, including any such claims which allege negligent acts or omissions of Well By Melissa.

 

3. Medical Care.

 

Participant does hereby release and forever discharge Well By Melissa from any liability, claims, and causes in action that arise or may hereafter arise on account of any first aid, treatment, or service rendered or not rendered in connection with the Participant’s involvement in a Retreat.

 

4. Certification and Assumption of Risk.

 

Participant hereby certifies that he/she is physically fit, has trained sufficiently for participation in the Retreat and has not been advised otherwise by a qualified medical person. Participant agrees that Well By Melissa is not qualified to evaluate Participant or Participant’s fitness for involvement in the Retreat. Participant must determine if he or she is sufficiently fit to participate. Participant hereby expressly and specifically assumes the risk of injury or harm in the Participant’s involvement in the Retreat, including, but not limited to all Risks. Participant agrees that his/her involvement in the Retreat is purely voluntary, and Participant elects to participate in the Retreat in spite of the Risks.

 

5. Definitions. “Activities” include, but are not limited to the following activities which may be provided and/or sponsored by Well By Melissa: yoga, meditation, hiking, water sports, excursions, transportation in vehicles, traveling to and from the Retreat accommodations, and all other activities associated with the Retreat. “Risks” include, but are not limited to those known risks inherent to the Activities specifically listed below, vehicular travel and traffic, road and trail conditions, known and unknown health conditions, allergies, sudden weather changes, rain, snow, wind, hail, lightening, high altitude or motion sickness, dehydration, heat stroke, snake bite, bee and other insect stings and/or bites, wild and domestic animals, inaccessibility to immediate medical attention, falling rocks and trees, equipment failure, driver error, rider error, Participant error, food provided, facilities, actions of other people, and acts of God. Risks inherent in yoga activities are dangers or conditions that are an integral part of yoga activities, including but not limited to minor muscle strains, muscle sprains, bruises, abrasions, post-exercise muscle soreness, joint injuries, torn muscles, heat-related illnesses, broken bones, ACL injuries, back injuries, stroke, heart attack, paralysis, death, and injury or death caused by any of the following: slips and falls, lack of nutrition or hydration, negligence on the part of Participant or other people around Participant, terrain, facilities, temperature, weather, condition, equipment, actions of other people including, but not limited to, participants, volunteers, spectators, and teachers.

 

6. Personal Property. Participant acknowledges and agrees that he/she is responsible for his/her belongings and all personal property during the Retreat and that Well By Melissa is not responsible in any way for such property whether it is lost, stolen or damaged.

 

7. Photographic Release. Participant does hereby grant and convey unto Well By Melissa all right, title and interest in any and all photographic images, video or audio recordings made by Well By Melissa during the Retreat, including but not limited to royalties, proceeds, or other benefits derived. Participant authorizes Well By Melissa to use such images, words, and likenesses for marketing, on websites, in brochures or other writings and any for any other legitimate purpose.