Release of Liability
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of camping meditation retreat organized by Off-Grid Retreats, of 50 Mizpah St, San Francisco, California, 94131 and/or use of the property, facilities and services of Off-Grid Retreats, you agree to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. You agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Off-Grid Retreats, or the employees, representatives or agents of Off-Grid Retreats.
2. ASSUMPTION OF THE RISKS AND RELEASE. You recognize that there are certain inherent risks associated with the above described activity and you assume full responsibility for personal injury to yourself and (if applicable) your family members, and further release and discharge Off-Grid Retreats for injury, loss or damage arising out of your own or your family's use of or presence upon the facilities of Off-Grid Retreats, whether caused by the fault of yourself, your family, Off-Grid Retreats or other third parties.
3. INDEMNIFICATION. You agree to indemnify and defend Off-Grid Retreats against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from your own or your family's use of or presence upon the facilities of Off-Grid Retreats.
4. FEES. You agree to pay for all damages to the facilities of Off-Grid Retreats caused by any negligent, reckless, or willful actions by yourself or your family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
6. NO DURESS. You agree and acknowledge that you are under no pressure or duress to sign this Agreement and that you have been given a reasonable opportunity to review it before signing. You further agree and acknowledge that you are free to have your own legal counsel review this Agreement if you so desire. You further agree and acknowledge that Off-Grid Retreats has offered to refund any fees you have paid to use its facilities if you choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other statute or common law principles of similar effect.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and any judgment may be entered upon it by any court having proper jurisdiction.
10. ONLINE AGREEMENT. By having you check the box “I understand and agree to Off-Grid Retreats Liability Waiver”, you agree the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all of the terms above.