APOTHEOSIS Waiver and Release of Liability Agreement
In consideration of my participation in HighExistence LLC (referred to herein as “HighExistence”) retreats and associated events and activities (collectively, “Retreats,”) I agree as follows:
1. Definitions. “Activities” shall include, without limitation, yoga, fasting, meditation, plant medicine/psychedelic ceremonies, hiking, breathwork, workshops, group discussions, instruction, traveling to and from a Retreat, and all other activities associated with one or more retreats. “Risks” shall include, without limitation, injuries, death, vehicular traffic, road and trail conditions, health and environmental conditions (including without limitation disease, infection, and animals), equipment failure, driver error, participant error, emotional trauma, psychological disturbances, food provided, facilities, actions of other people, and the actions of the Released, as defined below. “Released” shall include HighExistence, its owners, officers, directors, employees, contractors and agents, volunteers, the owners or operators of any Retreat facilities or equipment provided, and the sponsors of HighExistence or the Retreats.
2. Certification, Acknowledgements and Assumption of Risk. I hereby certify that I am physically fit, have trained and prepared sufficiently for participation in the Retreat, and have not been advised otherwise by a qualified medical professional. I certify that I will not participate in Activities for which I am not sufficiently healthy, for which I have not adequately prepared, or which I consider too dangerous for me. I am voluntarily participating in this program with the knowledge of the numerous physical and psychological risks and dangers involved. I knowingly and voluntarily assume all Risks of participation in the Activities and the Retreat, even when such Risks are caused: (a) by the negligence of the Released, or (b) from dangerous or defective equipment or property owned or provided in any way by the Released. I acknowledge that the Retreat involves strenuous physical and mental activities and carries with it the potential for serious injury, property loss, and even death.
3. Waiver and Release. I, and on behalf of my executors, administrators, heirs, successors, and assigns, hereby fully release, waive any claims I or they may have against, and discharge the Released or each of them from any and all liability to me or my executor, administrator, heirs, successors, and assigns for any and all damage, injury, or death of myself while at, participating in, while en route to or from a Retreat, or while participating in the Retreat or any Activities, whether caused by the negligence of the Released or otherwise. It is my intention to fully assume all risks associated with the Retreat and to release HighExistence and the Released from any and all liability to the maximum extent permitted by law.
4. Indemnification and Hold Harmless. I hereby agree to indemnify and hold harmless the Released and each of them from any loss, liability, or damage, including reasonable attorney’s fees incurred in any suit, demand or legal action arising out of any alleged injury, damage or death resulting from engaging in any Activities or participation in any Retreat, whether such injury, damage, or death is alleged to or did result from the negligence of any person.
5. Medical Care. Although I acknowledge that there is no obligation of any person to provide any participant with medical care during, prior to, or after a Retreat, in the event medical treatment is provided to me, I hereby consent to such care. Paragraphs 2 through 4 of this waiver and release shall apply to such medical care and such medical care shall be deemed to be an Activity. I understand that HighExistence and the Released are not responsible for any medical expense I may incur during, prior to, or after a Retreat, and that it is my sole responsibility to obtain health and accident insurance providing coverage for injuries or illnesses I sustain or experience during, prior to, or after a Retreat. I also acknowledge that HighExistence does not carry accident, injury, evacuation, health, or any other kind of insurance for my benefit. I understand the risks of disease in the regions to which I will be traveling, and I will receive appropriate vaccinations to minimize my chances of infection. For my own safety and well-being, I will be honest with HighExistence about my health, including any details related to allergies, health conditions, past surgeries, mental illness, or medications I’m taking. I agree to be accountable in all respects for my actions and I will not hold the Released to be accountable for my actions. I acknowledge that I have been advised by HighExistence of the risks and dangers of my participation in the Retreat and of the need for me to act responsibly at all times.
6. Personal Property. I acknowledge and agree that I am responsible for my equipment and all personal property during the Retreat and that the Released are not responsible in any way for such property whether it is lost, stolen, or damaged.
7. Disasters. I acknowledge that events and occurrences can occur beyond the control of HighExistence or the Released that may impact a Retreat and/or me. These events and occurrences include, without limitation, fire, wind, hail, snow, hurricanes, tornados, severe rain, flood, smoke, earthquakes, landslides, acts of war, acts of governments, terrorist acts, loss of electricity and/or other utilities (collectively, “Disasters.”) What constitutes a Disaster shall be determined by HighExistence in its sole discretion. I further acknowledge and agree that HighExistence and the Released shall not be responsible for any injury, loss, damage, or expense associated with a Disaster.
8. Words and Images. I understand that during a Retreat I may be photographed, videotaped and/or my words may be recorded. I authorize and allow HighExistence and its sponsors to use such images, words, and likenesses for marketing, on websites, in brochures or other writings, and any other legitimate purpose without compensation to me.
9. Age. I affirm that I am at least 18 years of age.
10. Interpretation and Governing Law. This document shall be construed broadly to provide a release and waiver to the maximum extent permitted under Delaware law. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. This document shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions that would result in application of any other law.
11. Knowing and Voluntary Execution. I understand that in calculating the cost of the Retreat, HighExistence has relied on my consent to these terms and their enforceability. Without this agreement, the Retreat cost would have been substantially higher or, alternatively, HighExistence would not be able to offer these services. I agree that execution of a facsimile counterpart or electronic transmission of this agreement shall be deemed execution of the original agreement. I agree that facsimile or electronic transmission of an executed copy of this agreement shall constitute acceptance of this agreement.
I have carefully read, understand, and agree to the provisions and legal consequences of this agreement. I have had an opportunity to have my own legal counsel review this agreement. I acknowledge that by signing this agreement, I will be granting and giving up certain substantial legal rights and have agreed to do so. I certify that HighExistence has offered to refund any Retreat payments if I choose not to sign this agreement. I am aware that this is a release of liability and a contract, and I sign it of my own free will.