hereby agree that by signing this document, I consent to waive certain legal rights, including the right to sue the TIERRA ENCANTADA, and, if applicable, its employees, owners, officers, directors, representatives, agents, volunteers and facilitators from any physical, material, tangible or intangible, loss or damages, from any and all negligence and liability for my death, disability, personal injury, property damages, as a direct or indirect result of my participation in the above referenced activity or event that may happen to me during my participation in the Retreat.
I will be voluntarily participating in the Retreat that will be conducted at TIERRA ENCANTADA.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident or illness during this activity and will we fully responsible for any of the expenses that may come from such treatment.
ASSUMPTION OF RISK.
I understand and am aware that my participation in the Retreat involves risks. These risks may lead to tangible or intangible harm, and I agree that they may result not only from my own actions but also from the actions of others. With the knowledge and understanding of these risks, I choose, of my own will and volition, to participate in the Retreat. I am also aware that there are risks that I may not have considered, yet I waive my right to any claims that may occur from these unconsidered risks and I choose, of my own will and volition, to participate in the Retreat.
I understand that TIERRA ENCANTADA – INVERSIONES EL JILGUERO is not a medical facility and is not responsible or liable for any medical complication resulting from participanting in any of the activities.
I understand that I am fully responsible to consult with my doctor before participating in such activities.
I understand TIERRA ENCANTADA – INVERSIONES EL JILGUERO is 3 hours from the closest hospital and 45 minutes from the closest clinic.
Because of the dangers of participating in this activities, I recognize the importance and agree to fully comply with the applicable rules, policies, and instructions given to me by my facilitator regarding participation in this activity.
COVENANT NOT TO SUE
I will not start any lawsuit or other court action against TIERRA ENCANTADA, nor will I join any such proceeding, including any claim for money damages. I acknowledge and agree that I am entering a covenant not to sue TIERRA ENCANTADA in any capacity, including to hold TIERRA ENCANTADA liable for any injury, loss, or damage sustained by me or my property. I also waive the right of any of my insurers to make any such claim.
INDEMNIFICATION
I agree to defend and indemnify TIERRA ENCANTADA and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorneys fees, which may arise from or relate to my participation in the Retreat or my conduct or actions. I agree that TIERRA ENCANTADA shall be able to select its own legal counsel and may participate in its own defense, if desired.
REPRESENTATION
I am over 18 (eighteen) years of age, and am emotionally, medically, and physically able to participate in the Retreat. I have read the above Retreat Waiver fully and I understand and agree to its contents. I understand and agree that by signing this Retreat Waiver I forfeit any right, claim, or ability to hold TIERRA ENCANTADA responsible for any tangible or intangible damages, loss of property, or loss of life that may occur during or after my use of the facilities and participation in the Retreat.
