ASSUMPTION OF RISK AND WAIVER OF ALL LIABILITY CLAIMS
Please take a moment to read the waiver. By making your purchase you are agreeing to the following:
Invited Guest of RE-Kinnect, Inner-Sanctum, John Delaplaine, Stephanie Nell Bahrami and James Anthony, an individual, and Community Watertherapy Centers of America, a California Nonprofit Unincorporated Association
ASSUMPTION OF RISK AND WAIVER OF ALL LIABILITY CLAIMS
RELEASE AND WAIVER OF RIGHTS PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS.
You (“You” and “Your” include yourself and on behalf of your minor children, if any, present) acknowledge and understand that You are present at 2856 SCHOOL ST., OAKLAND to enjoy and use the warm pool and the premises’ facilities, generally (the “Activity”), which is provided by Community Watertherapy Centers of America, a California Nonprofit Unincorporated Association (“Nonprofit”) located at 2856 SCHOOL ST., OAKLAND, CA, a piece of real property owned by James Anthony (“Landowner”) and leased to Nonprofit.
In consideration for Your participation in the Activity, You agree on Your behalf and on behalf of Your next of kin, heirs and representatives, to accept all risk of the Activity, and to release from all liability and promise not to sue Nonprofit, Landowner, or any of their employees, officers, directors, volunteers and agents (including without limit any third-party, associated, independent contractor, or sublessee collaborators, practitioners, instructors, or event coordinators), from any and all claims, including without limit claims of negligence, resulting in any physical or psychological injury (including paralysis and death), illness (including COVID-19 and any other infectious diseases), damages, or economic or emotional loss, loss or damage to personal property, and attorney’s fees, that You may suffer because of Your participation in this Activity, including travel to, from and during the Activity.
You acknowledge the risks associated with the Activity, which, as a water-based activity, presents an inherent risk of drowning or other injury related thereto. That further includes, but is not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death.
If You need medical treatment as a result of the Activity, You agree to be financially responsible for any costs incurred as a result of such treatment. You are aware and understand that You should carry Your own health insurance.
You acknowledge that You have read the foregoing and that You are aware of the legal consequences of this agreement, including that You release Landowner and Nonprofit from all liability. You, Your family members, spouse, children, and any heirs or assigns without limit, are prevented from suing Landowner and Nonprofit if You are injured or damaged for any reason as a result of the Activity. You affirm that in addition to Your personal capacity, You also sign for all those mentioned above.
You acknowledge that You are 18 years or older and You understand that this document is written to be as broad and inclusive as legally permitted by the State of California. You agree that if any portion is held invalid or unenforceable, You will continue to be bound by the remaining terms. You acknowledge that You have read this document, and You are signing it freely, and that no other representations concerning the legal effect of this document have been made to You. You also agree to comply with the Community Agreements on the back of this page which You acknowledge that You have read.
Additionally, in consideration of participation in Inner Sanctum and RE-Kinnect’s Liquid Contact and Liquid Presence (as defined below)’s programs, trainings, activities and/or services, You hereby agree to release and hold harmless John Delaplaine, Stephanie Nell Bahrami, Inner Sanctum, RE-Kinnect and all of their affiliated organizations including parents and owners, companies, and contractors, and each of their respective insurance carriers, agents, employees, volunteers, representatives, assignees, members, managers, officers, directors, and shareholders (collectively herein referred to in this Release as “Facilitators”) for any and all liability and/or claims for injury or death or damage to property arising in any way from any activity as part of any program, training, activities and/or service either run by or sponsored by Facilitators. Reference to activity or activities in this Release include, but are not limited to, water and land activities (e.g. water training, water meditations, water sessions, water play, water jams, water with rope, stretching, multi-sport activities, land demonstrations, land exercises, land warm ups, land activities related to water, rope etc.) and all other activities involving Facilitators.
You agree to not sue or bring any claim against Facilitators on any basis, and from any and all claims, including, without limit claims of negligence per se, negligence resulting in any physical or psychological injury (including paralysis and death), illness (including COVID-19 and any other infectious diseases), premises liability, wrongful death, breach of warranty, demands, costs, damages, or economic or emotional loss, loss or damage to personal property, and attorney’s fees, losses or suits of any and every kind which you now have or may later have against Releasees arising out of, relating to, in connection with or that you may suffer because of my participation in the activities arranged through or provided by Facilitators, including travel to, from and during the activities whether arising from Releasees’ negligence or otherwise.
You understand that this Release includes a release of all claims even if they involve statutory violations or the negligent action or inactions of Facilitators.
You acknowledge that any activities run by or sponsored by Facilitators involve both known and unknown risks. The known risks include, but are not limited to: physical exertion for which You are not prepared; water and land hazards; weather conditions and other forces of nature; illness or accident caused by stress, fatigue, or consumption of food and beverage; accident or illness without access to means of rapid evacuation or availability of medical supplies; criminal activities; housing and food conditions; transportation accidents or incidents; water related injuries; drowning; equipment failure; improper use of equipment; slipping; natural and manmade hazards; uneven and/or slippery surfaces; collisions with equipment; collisions with
other people; my condition; variations in water; debris; obstacles; fatigue; exhaustion; dehydration; lightning; and negligence of others.
You understand that the description of risks above is not complete and that the activities may be dangerous and include other risks. I voluntarily assume all risks of injury and/or death.
You, Your heirs, legal and personal representatives, next of kin, spouse, successors and assigns (collectively, “Releasors”) expressly RELEASE, WAIVE, FOREVER DISCHARGE AND COVENANT NOT TO SUE Facilitators, its owners, officers, employees, managers, shareholders, affiliated entities, agents, representatives, officers, directors, volunteers, guides, successors and assigns (collectively, “Releasees”), from and against any and all liability, claims, causes of action, demands, costs, damages, losses or suits of any and every kind which you now have or may later have against Releasees arising out of, relating to, or in connection with the travel services arranged through or provided by Facilitators whether arising from Releasees’ negligence or otherwise.
You authorize Facilitators to call for medical care and/or transport me if in the opinion of its personnel such care is needed, and You agree to be financially responsibly for and will pay any and all costs associated with medical care and related transport, and release, defend, and indemnify Facilitators for any costs incurred from such medical care and transport, and any claims regarding medical care and/or transport (including claims regarding failure to provide medical care and/or transport). You are aware and understand that You should carry Your own health insurance.
You acknowledge and agree that You have voluntarily applied to participate with Facilitators, which involves outdoor, adventure, water activities and land activities. You understand and agree to the numerous risks and dangers involved, which include but are not limited to: water incidents, exhaustion, hypothermia, drowning, dangers and risks inherent in the outdoor, adventure, water and land activates; physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, emotional trauma; personal injury; temporary or permanent disability (including paralysis); death; acts of God, stolen, lost or misplaced property.
You understand that Facilitators shall hold no responsibility nor is responsible for reimbursement of activity cancelations due to any reason. Furthermore, You understand that Facilitators will have no liability regarding the adequacy of any evacuation plan, medical care, transportation, equipment or supplies that may be provided.
You agree that this Release covers all activities and each and every time You participate in any program, training, activity and/ or service run by or sponsored by Facilitators, without requiring me to sign another form for each new day or activity.
You agree to fully defend, indemnify, and hold harmless Facilitators from any lawsuits or claims brought by any third persons that involved, in any manner, Your actions or inactions.
By signing this, You represent that You am at least 18 years of age, or, that my parent or legal guardian is also signing this document along with You. If You are signing as the parent or legal guardian, You represent that You are the legal parent or legal guardian of the minor participant.
You consent to the uncompensated use of my image or voice in any photographs, video, film, and sound recordings by Facilitators for the purpose of publicizing, marketing, advertising, or documenting the activities or for any other related purpose.
This Release is binding to the fullest extent permitted by law and the State of California. If any provision of this Release is found to be invalid or unenforceable, the remaining terms shall remain enforceable and You will be bound by the remaining terms. You agree that this Release shall be binding upon Your assignees, subrogors, heirs, next of kin, executors, and personal representatives. And, You agree that they cannot bring any claim or action against Facilitators, and in such circumstances they are also considered “You” in all the clauses of this Release.
This contract shall be legally binding on You, Your estate, heirs, assigns, legal guardians, and personal representatives. You acknowledge that You have carefully read the above, fully understand its contents and that no other representations concerning the legal effect of this document have been made to You. You are aware that You are releasing certain rights that You may have, and enter into this contract and participate in the activities of Your own free will.