TRAVEL AGREEMENT, ASSUMPTION OF RISK AND LIABILITY RELEASE FORM
for the 2015 Methow Valley Retreat.
This Release and Waiver of Liability (the "release") releases Xavier Sonnerat and Rosalee Dotson (aka Xavier and Rosalee de la Forêt), as well as the owners of the land on which their activities are conducted and any of their family members, guests, or pets (all collectively referred to thereafter as the "releasees").
In consideration of being allowed to participate in any way in the 2015 Methow Valley Retreat, related events and activities, and use of equipment associated in any way with the releasees (herein after referred to as "The Program"), I the undersigned, acknowledge, appreciate, and agree that:
I. Risk Acknowledgment
I do hereby forever and absolutely waive and release any and all claims against the releasees arising out of or relating to my participation in The Program, including but not limited to, claims for any injury, loss, damage or accident, delay or expense resulting from the use of any vehicle, any strikes, war, acts of terrorism, weather, natural disasters, sickness, quarantine, government restrictions or regulations or arising from any act of omission or any water carrier, airline, railroad, bus company, taxi service, hotel, restaurant, school, university, or other firm, agency, company or individual or any other related matter. I also release the releasees and agree to indemnify and hold them harmless, with regard to any financial obligations or liabilities that I may personally incur or any damage or injury to the person or property of others that I may cause, while participating in The Program.
Participation in The Program is voluntary and I voluntarily assume the inherent risks associated with participation in The Program. The releasees do not assume any responsibility for damages to or loss of my property, personal illness or injury, or death to me while I participate in The Program.
II. Liability Release
I release, waive, discharge and agree to hold harmless the releasees from any and all liability claims, demands, losses, actions, causes of action, suits or judgments whatsoever arising out of or related to, including, but not limited to, any loss, damage, accident, illness, kidnapping or injury, including death, that I or any property belonging to me may sustain, whether caused by the negligence of the releasees or otherwise, while involved with, and/or participating in The Program, including but not limited to traveling to, from or within any countries, during my travel to, through, from and/or stay in the Program-mentioned country, or while traveling within any of the area(s) and/or during my own leisure time.
I further agree not to sue the releasees for any loss, damage, accident, illness, kidnapping or injury, including death, that I or any property belonging to me may sustain, whether caused by the negligence of the releasees or otherwise, while involved with, and/or participating in The Program and/or engaging in activities and travel associated with the Program.
For purposes of this release, liability means all claims, demands, losses, actions, causes of action, lawsuits or judgments or demands of any kind that I or my heirs, executors, administrators and assigns may have, or claim to have or to be entitled to against the releasees because of injury (including, but not limited to personal injury), loss, damage, accident, illness, kidnapping or death, or because of any loss, damage or theft of property that occurs to any person including myself or my property while involved with, and/or participating in, or otherwise during and/or surrounding The Program and that results from any cause, including but not limited to the releasees’ acts or conduct other than willful misconduct.
It is my express intent that this release shall bind not only myself, but also members of my family and spouse (if any), if I am alive, and my next of kin, estate, heirs, executors, assigns and personal representative(s), if I am deceased, and shall be deemed as release, waiver, discharge and covenant not to sue the releasees. I hereby further agree that this release shall be construed in accordance with the laws of the State of Washington.
I agree that it is my responsibility to ascertain whether I have adequate health and accident coverage and to procure any other insurance coverage as I may deem necessary.
IV. Program Changes.
I understand and agree that, although the releasees will attempt to maintain the program as described in their publications, they reserve the right to change the program, including the itinerary, travel arrangements, or accommodations, at any time and for any reason, with or without notice, and that the releasees shall not be responsible or liable for any expenses or losses that I may sustain because of these changes.
V. Removal From Program.
I understand and agree that the releasees reserve the right to decline to retain me in the program at any time if my actions or general behavior, in the sole discretion of the releasees, is determined to impede or to obstruct the progress of the program in any way.
If I am deemed to be disqualified or ineligible to participate in The Program, I shall be informed to return home at my expense, and will receive no refund for the missed portion of The Program.
VI. Consent To Medical Treatment.
I agree and acknowledge that the releasees are not responsible or liable for my health and safety. Recognizing this, however, I wish to, and hereby do, grant the releasees full authority to take, or not take, in their sole discretion, whatever actions they may consider warranted under the circumstances for my health and safety during participation in The Program, and I hereby release the releasees from any liability for any such decisions or actions as may be taken by them in connection therewith.
The authority granted in the preceding sentence shall include the right (in the sole discretion of the releasees) to place me, at my own expense, and without any further consent, in a hospital, for medical services and treatment, including, but not limited to, the administration of an anesthetic and surgery, and such medication as may be prescribed, or if no hospital is readily accessible, to place me in the hands of a local licensed health care provider for treatment. If it is deemed necessary or desirable by the releasees, I authorize them to transport me back to my place of residence, by commercial airline or otherwise, at my own expense, for medical treatment.
I further assume any and all risks associated with or arising from any such medical treatment and agree to waive any and all claims which I might assert against the releasees for such medical treatment.
I understand that the program fee covers the cost of the program as a whole and that I cannot be refunded for any parts of it that I miss for any reason, including but not limited to delays in travel.
I understand that I am fully liable if I incur and fail to pay any financial obligations for The Program, and/or pursuant to the terms of this release, including but not limited to, damages to living or educational accommodations, unpaid fees for travel, contractor services, etc. Such failure to pay any obligations will be prosecuted to the full extent permitted by the law.
I agree that, should any provision or aspect of this Agreement be found to be unenforceable, that all remaining provisions of the agreement will remain in full force and effect.
IX. Entire Agreement And Modification.
The terms and conditions of this release represent my complete understanding of the parties hereto with regard to my participation in The Program and supersedes any previous or contemporaneous understandings I may have had with the releasees on this subject, whether written or oral, and cannot be changed or amended in any way without the written concurrence of both the releasees and me.
I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND ITS CONTENTS. I FURTHER ACKNOWLEDGE AND AGREE THAT I HAVE HAD AN OPPORTUNITY TO CONSULT WITH COUNSEL OF MY CHOICE PRIOR TO EXECUTING THIS RELEASE. I ACKNOWLEDGE AND AGREE THAT THIS RELEASE SHALL BE BINDING UPON MY SURVIVORS, HEIRS, SUCCESSORS, AND ASSIGNS. I AM AWARE THAT THIS RELEASE IS A RELEASE OF LIABILITY, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR NEGLIGENCE, AND A HOLD-HARMLESS AGREEMENT, AND I SIGN IT OF MY OWN FREE WILL.
I state that I am over the age of eighteen (18) years and am competent to execute this Release and Waiver of Liability. I further acknowledge and agree that entering my name and date and clicking the Submit button below is equivalent to officially signing this document.