Participant Agreement, Release and Acknowledgement of Risk *
Participant Agreement, Release and Acknowledgement of Risk
Please read and understand this document before signing PURE BALANCE HOLISTIC HEALING, LLC, a New Hampshire limited liability company (hereinafter “PURE BALANCE”), uses independent facilitators to facilitate a holistic retreat with dolphins. It also utilizes the services of local Bahamian companies to complete a Participant’s experience. Neither the facilitator or local companies are associated with PURE BALANCE. PURE BALANCE makes no representations or warranties concerning their facilities or services and Participant’s use of the same is at Participant’s own risk. Release of Liability, Waiver of Claims and Indemnity Agreement In consideration of being permitted to participate in the activities described above and related activities, I(“I” and “Me” collectively includes Participant, any minor child(ren), family member or group Participant(s) with me) hereby agree: 1. I have been fully informed of dangers and risks associated with the holistic experience in the water with dolphins provided by PURE BALANCE including but not limited to: a. The activities take place in the water and therefore include risks associated with exposure to water such as hypothermia and drowning; b. Participants may experience fear, anxiety, and/or trauma by virtue of being in the water with dolphins; c. Dolphins and any other creatures we may come in contact with, including but not limited to sharks, rays and fish, are wild animals and may act erratically and/or attack or injure a Participant, potentially resulting in permanent disability and even death; d. Possible equipment failure and/or malfunction of equipment; Participant negligence and/or the negligence of others, including but not limited to operator error and boat crew/captain decision-making including misjudging a sea conditions and animal behavior. 2. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. 3. I acknowledge that local Bahamian companies are not associated with PURE BALANCE and that my use of their facilities and services is at my own risk. 4. I HEREBY ASSUME ALL RISKS, AND RELEASE, INDEMNIFY, HOLD HARMLESS AND AGREE NOT TO SUE PURE BALANCE, its owners, officers, directors, agents, representatives, independent contractors, employees and volunteers, and the owner(s) of the property upon which the activities are conducted (“Released Parties”) WITH RESPECT TO ANY AND ALL LOSS, COST, INJURY, DISABILITY, DEATH, OR DAMAGE TO PERSON OR PROPERTY, FROM ANY CAUSE WHATSOEVER INCLUDING WITHOUT LIMITATION THE ACTION OR INACTION OF THE RELEASED PARTIES arising from my participation in the activities. 5. I accept sole responsibility for any loss, cost or expense that may be incurred for any illness, injury or death resulting from participation in the activities, including the costs of evacuation, hospitalization, and medical treatment and any sums payable to anyone by reason of any injury or death resulting from my participation in the activities. 6. I, my minor child, family and/or group are physically able to safely complete the activities. My participation in these activities is purely voluntary, no one is forcing me to participate, and I have elected to participate with full knowledge and assumption of liability for the risks. I am not pregnant. I am not currently under the influence of alcohol, illegal drugs, or impairing legal drugs. 7. I am aware that the Released Parties require strict adherence to its standards of safety and conduct. I agree to fully abide by these standards and am subject to dismissal for refusing to adhere to them. 8. I hereby authorize the Released Parties to take and use photographs, video, film, and other images of me participating in or observing the activities. I waive my right of privacy, publicity, compensation, copyright or other rights to those images and I consent to the releases using those images for any purposes. 9. In recognition of the risks, which I am assuming by voluntarily participating in these activities, I hereby give PURE BALANCE, its agents and employees permission to treat me and to authorize medical treatment of me in the case of an emergency or accident. 10. I understand that I will be required to participate in a safety orientation with respect to the proper way to deal with dolphins and the associated risks, and I will not participate without said orientation and/or without a full understanding of the activities and risks associated therewith. 11. I have read, understand and agree to the cancellation policy which is publicly published on our site: 12. I agree to pay for the retreat according to the following guidelines: There are two options for payment. a. pay in full, $3300 or b. pay in 3 installments of $1133 each. Failure to make payments on time will result interest being added to your total or forfeiture of your retreat and loss of any deposits and subsequent payments. 13. I understand that there are no guarantees for my experience. This includes but is not limited to: seeing dolphins, interacting with dolphins in the water, the weather and my own healing experience. This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable. This document is binding upon me and my estate, agents, representatives, survivors, executors and/or assigns. I understand that should any legal action be brought related to my experience with PURE BALANCE that such action may only be brought in the State of New Hampshire, USA, and the only the applicable laws of the State of New Hampshire and the USA shall apply. I hereby acknowledge and consent to such exclusive venue, jurisdiction and choice of law. I understand that my involvement and participation in these activities is voluntary. I have the right and will notify PURE BALANCE if I do not want to participate in any or all of the activities. I will not allow my family or other participants in my group to influence my decision whether to participate. If at any time I am unsure, frightened, or unable to proceed I will immediately notify PURE BALANCE , who will assist me. I HAVE READ THIS PARTICIPANT AGREEMENT, RELEASE AND ACKNOWLEDGEMENT OF RISK. I FULLY UNDERSTAND ITS TERMS, AND THAT I HAVE GIVEN UP LEGAL RIGHTS, AND I SIGN IT FREELY AND VOLUNTARILY.
Checking the box below serves as your electronic signature. *