2024 RETREAT RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT
THIS IS A LEGALLY BINDING RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT (the “Agreement”). Please read it carefully before signing.
In consideration for The Indigo Connection, LLC, an Ohio limited liability company, d/b/a The Indigo Connection agreeing to take me, an individual (“Guest”) on a weekend retreat May 16-19 at Lake Erie Vista in Geneva on The Lake, OH (“Retreat”) including a planned excursion by van to nearby wineries on 5/16/24.
Guest agrees to the following terms and conditions:
1. Guest acknowledges and agrees that Guest is embarking on a Retreat, which may involve potentially dangerous activities. Guest assumes full responsibility for his or her own actions, safety and welfare. Guest further understands that she will be a member of a group and that Guest will conduct herself in a way that does not endanger Guest or the group.
2. Guest acknowledges and agrees that The Indigo Connection shall not be responsible or liable for any accident, injury, theft, loss or damage whatsoever sustained by Guest, which may occur in conjunction with any activity on the Retreat or associated with transport to or from the Retreat. Guest understands that arranging transportation to and from the retreat and/or other locations in the area during free time is her responsibility. Car pool partners may be suggested, however the Guest is wholly responsible for choosing her best option for travel. Guest waives any claim which Guest, Guest’s heirs, successors, assigns, spouse, family members, or legal representatives may have against The Indigo Connection arising from or as a result of any such accident, injury, theft, loss, or damage.
3. Guest acknowledges that it is Guest’s responsibility to provide for Guest’s own accident and health coverage while participating on the Retreat. The Indigo Connection does not provide for any accident or health coverage for any of its guests.
4. In consideration of Guest’s participation in the various activities that comprise the Retreat, Guest understands and accepts the risks associated with participation in these various activities and agrees that neither The Indigo Connection, nor any of its officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entities associated with The Indigo Connection, will be liable for any personal injury, death or damage of any kind whatsoever, and without regard to the cause of such injury or damage, to Guest or others.
5. Guest assumes the risk of and releases, defends, and holds The Indigo Connection harmless for any liability, for any physical or other injury, loss, or harm suffered by Guest during or as a consequence of Guest’s participation or presence in or on any activity that comprises the Retreat, under any circumstances. Therefore, Guest agrees to indemnify, defend, and hold The Indigo Connection harmless against any liability, damages, defense costs (including attorneys’ fees), or from any other costs incurred in connection with the claims for bodily injury, wrongful death, or property damage brought by Guest, Guest’s heirs, successors, assigns, spouse, family members, or legal representatives.
6. This Agreement shall be binding on Guest’s agents, heirs, and successors or assigns, and shall apply to all sponsors, officials, officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entities associated with or connected to The Indigo Connection in any way.
7. Guest acknowledges and agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement or the rights and obligations of any Guest in connection with any Retreat shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or country’s laws. By signing this Agreement, each Guest hereby submits to the exclusive jurisdiction and venue of the Federal and State Courts in Cleveland, Cuyahoga County, Ohio and hereby waives any claim that is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.
8. Guest hereby grants Betsy Muller and The Indigo Connection LLC (Photographer)
the absolute and irrevocable right and permission in respect of photographic
pictures or video that may be taken of me or in which I may be included with others, to
copyright the same, in her own name or otherwise; to use re-use, publish, and re-publish the same in whole or in part, individually or in any and all media now or hereafter known, and for any purpose
whatsoever, for illustration, promotion, art, editorial, advertising
and trade, or any other purpose whatsoever without restriction as to alteration; and to use my name in connection therewith if he/she so chooses.
Guest hereby releases and discharges Photographer from any and all claims
and demands arising out of or in connection with the use of the
photographs, including without limitation any and all claims for
libel or invasion of privacy.
This authorization and release shall also inure to the benefit of the
heirs, legal representatives, licensees, and assigns of Photographer,
as well as the person(s) for whom he/she took the photographs.
I am of full age and have the right to contract in my own name. I
have read the foregoing and fully understand the contents thereof.
This release shall be binding upon me and my heirs, legal
representatives, and assigns.
By completing registration for this retreat and submitting payment, Guest agrees to abide by this agreement as written.