RETREAT WAIVER AND RELEASE FROM LIABILITY
I am agreeing to participate in a retreat, including all related fitness activities, services and use of facilities and equipment either provided by or arranged by Lisa Messina o/a The Messina Movement (“Lisa”), including orientation and instructional sessions or classes, accommodation, and all travel to and movement around (“Activities”).
I understand and agree that the Activities:
a) can be physically and mentally intense, potentially dangerous, may require exertion, and that the possibility of injury to myself and others does exist;
b) can be dangerous if not conducted by myself or others in accordance with the safety rules and guidelines established by Lisa, and the instructions of Lisa’s service providers who are leading and supervising particular Activities;
c) may involve risks causing mental and physical injury such as cuts and bruises, broken bones, heart attack, stroke, and other risks to health up to and including death, as well as damage or loss of personal property, and alterations, delays, and cancellations of the programming or travel (“Risks”), such as those resulting from:
i. malfunction of equipment;
ii. tripping, slipping, or falling;
iii. overexertion, particularly in high temperatures and humidity;
iv. contact with or immersion in water;
v. physical contact with other participants, Lisa personnel or service providers, equipment, and apparatus;
vi. high intensity training and rapid physical movements;
vii. imperfect supervision or instruction by Lisa or her service providers; and
viii. loss or damage of personal property; ix. different conditions of public or private health, safety, sanitation, communication, cultural norms, infrastructure, politics, and environment to what exists in Canada; and
x. factors beyond control, such as the risk of natural disaster, illness, disease, war, terrorism, civil unrest, crime, or detention or other act of a foreign government or nongovernmental body.
I agree that my safety is primarily dependent upon my taking proper care of myself and avoiding any activity or behavior which would harm me or others.
I agree to follow the rules, regulations and guidelines set out verbally or in writing by Lisa and her service providers for the Activities, and use best efforts to avoid injury to myself or others.
I am fully aware of the Risks and confirm that I am physically and mentally able to participate in the Activities.
I will notify the Activity coordinator in advance of any condition that may affect my ability to participate in an Activity safely.
I confirm that I am voluntarily assuming the risk of participating in the Activities, and that Lisa is not responsible for the cost of any medical attention I may require as a result.
HEALTH CONDITIONS
I will disclose on this form all pre-existing health conditions and other restrictions which may affect my ability to participate in the Activities. I will bring and keep with me, and have listed below any medications or devices (such as inhalers, Epipens, or alert bracelets) which are vital to my health. OR By listing nothing below, I declare that I am in good health and do not suffer from any condition which could be worsened by my participation in the Activities.
NO INSURANCE COVERAGE
I understand there is no insurance coverage provided by Lisa. It is my responsibility to arrange any such medical insurance coverage as I may deem necessary, as well as insurance for trip cancellation, loss or damage to any personal property, and any other insurance I may consider necessary. I am aware that insurance may not cover all aspects of travel, including but not limited to high risk activities, injury caused by civil war and natural disasters, long-term disability and health care.
TRAVEL INDUSTRY COUNCIL OF ONTARIO RULES
Where applicable, I understand and agree that Lisa is not a travel agent, and under the rules of the Travel Industry Council of Ontario, that I am required to arrange my own transportation. The initial deposit I pay directly to Lisa represents only the fees for the fitness programming and practices which are coordinated and facilitated by Lisa, and will not be deemed for any reason to be fees for travel. I understand that my relationship with the booking travel agent is entirely separate from Lisa, and that Lisa will not under any circumstances be responsible for the acts or omissions of such travel agent.
RELEASE & LIMITATION OF LIABILITY
In consideration of the registration fee paid by me to Lisa, I release and forever discharge Lisa, her employees, contractors, agents, and representatives, and her landlords and owners of the Activity venue and their respective directors and officers (the “Team”) from any and all claims and liabilities whatsoever which I may have now or in the future may arise against them arising from or related to my participation in the Activities, the Risks, and my contractual relationship with my travel agent. I will indemnify the Team against any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities arising from or related to my participation in the Activities, or the Risks. This release does not apply to claims or liabilities arising directly from the gross negligence, intentional misconduct, or illegal acts of the Team, in which case the liability of the Team will be limited to direct damages only, to a maximum amount of the portion of the fees paid by me to Lisa directly. This release will be binding on my estate, heirs, and representatives.
GENERAL
I understand that I am waiving certain legal rights by signing this release in consideration of participating in the Activities. I confirm that this is a legally binding contract. I have been provided with the opportunity to consult a lawyer before signing it, if I have any questions or concerns. This release will be interpreted in accordance with the laws of the Province of Ontario, and the laws of Canada as applicable therein. No other representations, statements or inducements, apart from those contained in this release have been made to me. By acknowledging this waiver and checking the box that I have done so during the booking process, I acknowledge and represent that I am of sound mind, have read the release, understand it, and am signing it voluntarily.