Release & waiver agreement
I. Definitions: ”Activities" shall mean all programs, classes, training and instructional sessions, events, and exercises offered by Aiua Wild, Ravi Rose & Erik Slavin, or any other entity, organization, or individual in conjunction with Wild Nature Retreat, LLC.
“The Released Parties” shall mean Aiua Wild, Ravi Rose & Erik Slavin or any other entity, organization, or individual in conjunction with Wild Nature Retreat, LLC.
II. COVID-19: The novel coronavirus, COVID-19, and it’s variants, have been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. In keeping with Federal, State and Local guidelines, The Released Parties have put in place comprehensive preventative measures aimed at preventing the introduction to and the spread of COVID-19 during the Activities; however, despite our mitigating efforts, we cannot guarantee that you will not be exposed to COVID-19 or its variants during your use of the Activities. Therefore, without limiting the foregoing limitation of liability, the following terms and conditions are effective for the Activities:
III. Assumption of Risk: I acknowledge the contagious nature of COVID-19 and variants and that, despite The Released Parties effort to mitigate such dangers, I may be exposed to or infected by COVID-19 or variants during my participation in the Activities, and that such exposure or infection may result in personal injury, illness, permanent disability, or death. I understand that the risk of becoming exposed to or infected by COVID-19 or variants may result from the actions, omissions, or negligence of myself and others. I assume all of the foregoing risks and are solely responsible for any resulting injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, related to COVID-19 or variants, that I may experience or incur in connection with the Activities (Claims).
IV. Waiver & Release: I release, covenant not to sue, discharge, and hold harmless The Released Parties, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. This release includes any claims based on the actions, omissions, or negligence of The Released Parties, its employees, agents, representatives, vendors, and independent contractors whether a COVID-19 or variants infection occurs before, during, or after participation in the Activities.
VI. Miscellaneous:
(a) This Agreement shall be governed by and construed under the laws of the State of Hawaii, U.S.A.
(b) This Agreement shall be effective indefinitely and shall apply to all contemporaneous agents, representatives, officers, directors, principals, successors, affiliates. subsidiaries, employees, and all other persons acting on their behalf of any Released Parties, including but not limited to The Released Parties, or any other entity, organization, or individual assisting in the Activities or Use of the Facilities, which persons shall be express third-party beneficiaries of this Agreement.
I hereby certify that I am over 18 years of age. I have carefully read the foregoing of this document and acknowledge that I understand and agree to be bound by all of the above terms and conditions.
