PARTICIPANT AGREEMENT, RELEASE OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK
Please carefully read the following terms and conditions relating to your participation in Haven Place Ministries Good Boundaries and Goodbyes. By registering for the Good Boundaries and Goodbyes Retreat, you (the “Participant”) signify your acceptance of and obligation to these terms and conditions.
NOW, THEREFORE, in full and complete consideration of Haven Place authorizing Participant to participate in the Good Boundaries and Goodbyes Retreat and all other consideration provided, Participant hereby acknowledges and agrees as follows:
Acknowledgment. The participant acknowledges that his/her participation in activities at Good Boundaries and Goodbyes Retreat may pose potential and/or unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to herself, to property, or to third parties. Participant understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Good Boundaries and Goodbyes Retreat. Participant hereby agrees to release, indemnify, and discharge Haven Place on behalf of herself, his/her spouse, children, parents, heirs, assigns, personal representative(s), and estate.
Conduct. The participant shall not engage in disruptive activities at Good Boundaries and Goodbyes Retreat. The participant understands she is solely responsible to comply with all laws and regulations applicable to the Good Boundaries and Goodbyes Retreat and shall so comply. The participant agrees to be solely responsible and accountable for his/her actions and omissions and shall not ask Haven Place to accept responsibility for the same.
Assumption of Risk. While Haven Place will make reasonable efforts to disclose any potential dangers, hazards, or risks at the site of the Good Boundaries and Goodbyes Retreat, Participant understands Haven Place is not obligated to do so. Participant further understands and appreciates the dangers, hazards, and risks inherent to the Good Boundaries and Goodbyes Retreat, including but not limited to contact with other participants, guests, and workers, transportation to, from and around the site of the Good Boundaries and Goodbyes Retreat, natural disasters, inclement weather, accidents, illnesses, and crimes, all of which could include serious or even fatal injuries or property damage or loss. Participant agrees and acknowledges that Haven Place, including individuals acting on Haven Place’s behalf, cannot and do not assume responsibility for such events or personal injuries or property damage arising therefrom, even if such injury or damage is a result of the negligence of Haven Place or its shareholders, managers, directors, officers, agents, employees and/or volunteers of Haven Place (collectively, the “Additional Releasees”). In no case shall Haven Place be responsible for consequential or incidental damages or loss of profits.
INDEMNITY. PARTICIPANT FULLY AND VOLUNTARILY ACCEPTS AND ASSUMES ALL SUCH RISKS, DANGERS AND HAZARDS RELATED TO PARTICIPATION IN THE SHE SPEAKS CONFERENCE AND SHALL SAVE AND HOLD HARMLESS, INDEMNIFY, AND DEFEND HAVEN PLACE AND ADDITIONAL RELEASEES FROM ANY CLAIM BY THIRD PARTIES
(INCLUDING THE REPRESENTATIVES) ARISING OUT OF OR IN ANY WAY CONNECTED TO PARTICIPANT’S PARTICIPATION IN THE SHE SPEAKS CONFERENCE. THE INDEMNIFICATION SHALL NOT BE EXCLUSIVE OF ANY OTHER RIGHTS TO WHICH HAVEN PLACE OR THE ADDITIONAL RELEASEES MAY BE ENTITLED UNDER LAW. PARTICIPANT FURTHER AGREES TO BE SOLELY RESPONSIBLE FOR PAYING THE FAIR-MARKET VALUE OF ANY AND ALL DAMAGE TO THE SITE OF THE GOOD BOUNDARIES AND GOODBYES RESULTING FROM OR ATTRIBUTABLE TO HIS/HER ACTIONS OR OMISSIONS THEREON.
Waiver and Release. Participant agrees to assume all the risks and responsibilities surrounding its participation in the Good Boundaries and Goodbyes Retreat and, in advance, does release, waive, forever discharge, and covenant not to sue Haven Place Ministries or the Additional Releasees from and against any and all liability for any harm, damage, claim, demand, action, cause of action, cost or expense of any nature that it may have or that may hereafter accrue arising out of or related to any loss, damage or injury, including but not limited to physical injury, suffering or death, that may be sustained by Participant and/or its Representatives or by any property belonging to Participant, whether caused by the negligence or carelessness of the Haven Place or Additional Releasees with regard to Participant’s participation in the Good Boundaries and Goodbyes Retreat. It is Participant’s express intent that this Agreement shall be deemed a release, waiver, discharge and covenant not to sue Haven Place or the Additional Releasees.
Force Majeure. Participant agrees that the Good Boundaries and Goodbyes Retreat may not take place in part or in full due to any of several reasons beyond Haven Place’s control (including but not limited to an act of God, war, earthquake, civil disobedience, or court order) (“Force Majeure Event”), and in such case, Haven Place shall be excused from providing Participant participation in the Good Boundaries and Goodbyes to the extent the Force Majeure Event dictates. Participant shall remain bound by the terms herein to the extent the Force Majeure Event allows Participant to participate in the Good Boundaries and Goodbyes.
Termination. Notwithstanding anything herein to the contrary, Haven Place shall have the right at any time and from time to time to deny Participant access to Good Boundaries and Goodbyes Retreat and to restrict Participant’s right to engage in activities at the Good Boundaries and Goodbyes Retreat.
Severability. The invalidity or unenforceability of any provision of this Agreement, or any part of any provision hereof, shall not affect the validity of the remainder.
Miscellaneous. This Agreement shall be governed, construed and enforced in accordance with and subject to the laws of the State of North Carolina, exclusive of conflicts of laws Agreement. The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof. Except as otherwise provided herein, any controversy or claim arising out of or relating to this Agreement, or to the interpretation, breach or enforcement thereof, shall be submitted to arbitration in Charlotte, North Carolina, in accordance with the commercial Agreement of the American Arbitration Association.
ACCOMMODATION/TRANSPORTATION ACKNOWLEDGMENT
I understand that as a registered participant of Good Boundaries and Goodbyes, I am responsible for my own hotel accommodations and transportation to and from the event. The Haven Place Ministries Staff will not be held responsible for arranging accommodations or transportation on my behalf and will not be held responsible for any complications or errors in these arrangements.
