Participant Waiver, Release, Assumption of Risk, and Medical/Health Insurance Requirement (the “Waiver”)
(for Arboleda Coaching Leadership and Wellness Retreats)
NOTICE TO PARTICIPANT: PLEASE READ CAREFULLY BEFORE ACCEPTING/SIGNING.
I voluntarily choose to attend and participate in this leadership and wellness retreat organized by Arboleda Coaching (and, as applicable, together with its co-facilitators) (the “Retreat”) for the benefit of Momentum Alumnae Program, Inc. d/b/a Momentum Leaders (“ML”). I acknowledge, understand, and agree to the following:
1. Assumption of Risk
I understand and accept that participating in the Retreat involves inherent risks, including but not limited to:
Travel risks (air, land, sea, and local transport).
Health and safety risks, including illness, food or beverage consumption (including alcohol), allergic reactions, accidents, injury, property loss or damage, theft, or natural disasters.
Participation in physical, wellness, and recreational activities including but not limited to yoga, meditation, breathwork, hiking, swimming, and other similar activities.
Unforeseen events such as political instability, acts of terrorism, or pandemics.
I knowingly and voluntarily assume all risks, whether foreseeable or unforeseeable, and accept full personal responsibility for my participation.
2. Release and Waiver of Liability
To the fullest extent permitted by law, I hereby release, waive, and discharge Arboleda Coaching, its owners, officers, employees, contractors, affiliates, ML, and Arboleda Coaching’s co-facilitators (collectively, “Released Parties”) from any and all claims, demands, damages, costs, expenses, or liabilities of any kind arising from or related to the Retreat, including for personal injury, illness, disability, death, or property loss, except to the extent, if any, caused by the gross negligence or willful misconduct of the Released Parties.
3. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from my actions, omissions, or breach of this Waiver.
4. Medical Disclosure and Medical/Health Insurance Requirement
I confirm that I am physically and mentally capable of participating in the Retreat and in all of its activities. I agree, as a condition for participating in the Retreat, to obtain medical/health care insurance coverage before the Retreat to cover the period I am participating in the Retreat. I agree I am solely responsible for obtaining such insurance and am fully responsible for any and all medical costs and expenses including for medical treatment, for any medical emergency, medical transportation, or any other related costs.
5. Media Release
As part of this Waiver, I hereby consent that by participating in the Retreat, I grant the absolute and irrevocable right and permission to use content related to the Retreat that includes my likeness, voice, or participation in any form such as images, photographs, video, or audio recordings, without compensation and without approval of the final product, for use by Arboleda Coaching in perpetuity for marketing, educational, promotional, or other purposes in any manner or medium. I agree that if I do not wish to be photographed or recorded, I will notify Arboleda Coaching in writing prior to the start of the Retreat.
6. Governing Law and Jurisdiction
This Waiver shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles. Any dispute shall be brought exclusively in the courts of Miami-Dade County, Florida. For clarity, I expressly waive any other jurisdiction and governing law, including Spain or the jurisdiction pertaining to the location of the Retreat.
7. Severability
If any provision of this Waiver is held invalid, illegal, or unenforceable for any reason, the remaining provisions will remain valid and enforceable to the fullest extent permitted by law.
By clicking “I ACCEPT” (the “Acceptance”) you acknowledge that you have read, understood, and voluntarily agree to participate in the Retreat under all terms of this Waiver. Your Acceptance serves as your digital signature.
