RELEASE, WAIVER AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY. By agreeing to this document (the “Release Agreement”), you will waive certain legal rights, including the right to sue or claim compensation.
IN CONSIDERATION of Lightwork Spiritual Development (the “Company”), a company incorporated pursuant to the laws of the Province of British Columbia, permitting the individual named on the registration form to participate in the Lightwork Spiritual Development meditation classes and services (the “Class”) and for other good and valuable consideration, I agree to all of the terms and conditions set forth in this Release Agreement.
Assumption of Risks
I understand and confirm that my participation in the Class is entirely voluntary. I am in good health and suffer from no physical or mental conditions that would make me susceptible to injury or disability while participating in the Class. I am aware of the risks, dangers and hazards involved in my participation in the Class. I understand that the Class takes place in venues under conditions that are beyond the control of the Company or its employees, contractors and agents. Potential risks associated with my participating in a Class may include, but are not limited to, conditions of the Class venue, uneven walking surfaces, potholes, raised path edges, wet, icy or slippery ground, steps, curbs, low, limited or no lighting, narrow walkways and paths, traffic conditions, rocky steep terrain, obstacles and natural objects, open bodies of water, ponds, wells, falling trees, wildlife encounters, exposure to weather conditions, difficult and inclement weather conditions, water taxi travel, travel on rural roads, travel on vehicles not that are not insured, use of the buildings situated on the Company’s land that do not have a building permit or are built in compliance with applicable laws, and construction.
I understand that I am solely responsible for all aspects of my health and well-being and that any information or advice provided by the Company during the Class are in no way intended to be a substitute for medical, counselling and/or other professional advice. I freely accept and voluntarily assume any and all risks, dangers and hazards associated with my participation in the Class and freely accept and voluntarily assume the possibility of injury, death, disability, loss or property damage, whether caused by negligence of the Company or otherwise. I understand that it is my duty to consult with my healthcare provider before commencing the Class and during the term of the Class if I have any health concerns that may interfere in my participation in the Class or that I may suffer as a result of my participation in the Class. In addition, I further agree at all times during my participation in the Class to abide by and comply with any instructions given to me by the Company or its officers, contractors and agents and freely accept and voluntarily assume that non-compliance may result in in injury, death, disability, loss or property damage and may result in your removal from the Class, without any compensation or refunds.
Liability
I, on my own behalf and on behalf of my heirs, executors, administrators, personal representatives and permitted assigns, UNCONDITIONALLY AND IRREVOCABLY agree, to the fullest extent permitted by law, to acquit, release, waive and discharge the Company, together with its directors, officers, employees, contractors, agents, successors and permitted assigns (collectively, the “Released Parties”) from any and any all claims, actions, damages, liabilities, losses, costs, and expenses for death, injury, loss or property damage, which I may suffer arising from, or connected to, in whole or in part, my participation in the Class, including, but not limited to, those claims and liability based on any of the Released Parties’ alleged or actual negligence or breach of contract and/or express or implied warranty or breach of any statutory or other duty of care.
Indemnity
I, on my own behalf and on behalf of my heirs, executors, administrators, personal representatives and permitted assigns, agree to defend, indemnify and hold harmless the Released Parties from any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, costs or expenses of whatever kind, including reasonable legal fees, in connection with any third-party claim, suit or action or proceeding arising out of or resulting from my participation in the Class.
Photography
I understand that, from time to time, photographs may be taken during my participation in the Class and that the Class may be videoed and recorded. I agree to grant the Company a worldwide, royalty-free, perpetual license to use my photographic, video or digital likeness solely for promotional, educational and/or commercial purposes.
Medical Treatment
I authorize the Company to provide me with customary medical assistance, transportation, and emergency medical services as the result of injury or health condition. I acknowledge and accept that as a result of my participation in the Class and the risks set forth herein, medical assistance, transportation or emergency medical services may not be available or delayed. This consent does not impose a duty on the Company to provide such assistance, transportation or services. You have the right to refuse medical assistance and understand that the Company will provide assistance in the event you are incapacitated or otherwise unresponsive.
General
I acknowledge and accept that this Release Agreement is intended to be as broad and inclusive as permitted in the Province of British Columbia. There are no representations or warranties, whether written or oral, related to the subject matter except as provided herein. If any term or provision of this Release Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release Agreement is
binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Company and its successors and assigns. This Release Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Release Agreement may be brought only in the courts of the Province of British Columbia, and I hereby consent to the exclusive jurisdiction of such courts.
I have read and understand everything written above and I consent to this Release Agreement. I further affirm that I am eighteen (18) years of age or older. If I am under eighteen (18) years of age, the person consenting on my behalf is a parent or other responsible adult.