ACKNNOWLEDGMENT OF TERMS & CONDITIONS / WAIVER AND RELEASE OF RIGHTS

In consideration of my being permitted to take part in a Doreen Linneman, LLC (“the Company”) Ignite Retreat or program (“the Retreat”) for the purpose of professional development, the receipt and sufficiency of which is hereby acknowledged, I agree, on my own behalf and on behalf of my personal representatives, heirs, assigns, executors, administrators, and next of kin (individually and collectively referred to below in the first person singular), to be bound by each of the following provisions of this Acknowledgment of Terms & Conditions / Waiver and Release of Rights (“AcknowledgmentWaiver”):

 

1.  Voluntary Participation, Health Retreat requirements, and Covid-19 Testing.  I understand and confirm that my participation in the Retreat is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the Retreat.  I understand that if I fraudulently represent myself as fit for the Retreat, I may be removed prior to or during the Retreat at my own expense.  I further understand that medical testing could be required for Covid-19, and possibly other viruses, as required by the local country requirements, the USA re-entry requirements, or the Company, as a condition of my participation in the Retreat.  I agree to secure a reputable Covid-19 test within the local country’s guidelines as found on their official government website should that be required ahead of the anticipated arrival at the Retreat’s destination.  In addition, I understand and submit to the local authority of Mexico or other Retreat location requirements of proof of Covid-19 or other vaccination requirements, taking a Covid-19 approved test, or other medical or legal requirements upon arrival at my own expense.  If I test positive for Covid-19 or any other medical concern that impacts participation in the Retreat or travel in general,  I understand that I will not be able to participate in the Retreat and will forfeit all fees paid to the Company for the Retreat, as well as assume all risk for additional expenses while traveling if test positive for Covid-19 or any other medical issue while on the Retreat.  I understand and agree that it is my responsibility to wear a mask, practice social distancing, exercise good hygiene as required by the most recent guidelines of the Centers for Disease Control, prior to and during the Retreat if required by local country guidelines.  I understand that it is my responsibility to know, follow, and complete all return COVID-19 and other travel requirements based on my final destination home, such as the United States of America requiring COVID-19 testing within 24-hours of my departure.

2.  Comprehension and Assumption of Risk.  I comprehend and assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Retreat. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Retreat.  I understand that the Retreat will include travel to remote countries and areas that are inherently risky, including Mexico, and may include other similarly risky activities associated with foreign travel, including accidents and transportation by land vehicles, boats, and aircraft that are not operated or maintained to standards found in the United States.  I understand that the Retreat may take place both in public venues and in isolated, natural locations under conditions largely beyond the Company’s control.  I also acknowledge risks associated with altitude, illness, disease, food sickness, allergic reactions, choking, physical exertion, alcohol consumption, injury or death that may occur during the Retreat, knowing that access to evacuation and/or suitable medical supplies and support may not be available. 

3.   Force Majeure.  The Company shall not be liable for performance of any obligations related to the Retreat, or for any damages related to the Retreat, or for the return of any fees paid to the Company in connection with the Retreat, when such nonperformance or failure to perform is due to any cause rendering such performance impossible or commercially impractical, in whole or in part, by force majeure including, but not limited to, acts of God, governmental restraint or intervention, wars, riots, civil commotion, blockades, epidemics, pandemics, Covid-19, fires, storms, floods, explosions, and other similar causes, whether or not enumerated herein, which are not within the reasonable control of the Company and which, by the exercise of due diligence, the Company is unable to prevent or overcome. (“Force Majeure Risks”).

4.  Release of Liability; Agreement not to Sue.  I hereby waive liability, release, forever discharge, and covenant not to sue the Company and/or any affiliated companies (including The Riverbend Group, LLC and Doreen Linneman, LLC)  and/or their respective officers, agents, employees and contract facilitators (the “Released Parties”) for and from any and all claims, demands, actions or causes of action, injuries, damages, liabilities, losses, costs and expenses (including attorneys’ fees), which arise wholly or partially from the negligence of the Released Parties, whether known or unknown, foreseen or unforeseen, and that are in any way connected with my voluntary participation in the Retreat.

5.  Photo Release.  I hereby grant Doreen Linneman, LLC permission to photograph me and use my likeness in a photograph, video, or other digital media (“photo”” in any and all of its publications, without payment or other consideration.   I understand and agree that all photos will become the property of Doreen Linneman, LLC and will not be returned.  I understand that my photo may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears.  Additionally, I waive any rights to royalties or other compensation arising or related to the use of my photo, image, or recording.  I also understand that photos may be used in diverse and public settings, including the internet, for educational purposes, and in marketing materials within an unrestricted geographic area.  I hereby hold harmless, release, and forever discharge Doreen Linneman, LLC form all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization or otherwise related to the use of my photo, image, recording, or likeness.  I HAVE READ AND UNDERSTAND THE ABOVE PHOTO RELEASE. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE.

6.  Obligation for Medical Treatment.  I acknowledge that I am solely responsible for any hospital or other costs arising out of any illness, bodily injury, or property damage sustained through participation in the Retreat. 

7.  Obligation for Cancellation and Other Expenses / Transferability.  I agree that the Retreat registration fee is nonrefundable.   I agree to be responsible for all costs which are not specifically included in the Retreat.  I agree that the Company shall not be responsible for the return of any deposits and/or payments due to the cancellation or change of schedule by me or by any provider of services.  I further acknowledge that I am responsible for any trip cancellation/interruption insurance policies to protect my registration fee and travel costs.  The Retreat registration can be transferred to another person as a substitute participant for me provided the Company is notified of the substitution at least forty-five days in advance of the Retreat start date or the Company otherwise agrees to the substitution.

9.  Arbitration.  I agree that any dispute, claim or controversy relating in any way to this Acknowledgement shall be settled by final and binding arbitration in Atlanta, Georgia, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) in effect at the time of the arbitration.  Any arbitration award rendered may be enforced in any court of competent jurisdiction.  Each party to the arbitration is to pay an equal part of the deposit (or any other fees and expenses of the arbitrator) fixed by the AAA.  The arbitrator shall apply the law of the State of Georgia without giving effect to conflict of law rules.  Each party shall pay its own attorney’s fees or related costs incurred in pursuing or defending the arbitration claim.

10.  Severability.  If any provision of this Acknowledgement is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Acknowledgement will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.

11.  Choice of Law.  I acknowledge that this Acknowledgement shall be governed by the laws of the State of Georgia, without regard for conflict of law principles.

THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE DOCUMENT AND HAVE RECEIVED THE OPPORTUNITY TO DISCUSS THIS WITH MY LEGAL COUNSEL. FURTHER, I ACKNOWLEDGE THAT I FULLY UNDERSTAND THE TERMS OF THIS WAIVER OF LIABILITY AND ACKNOWLEDGE THAT I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE,