I am an adult, 18 years of age or older, with the legal capacity to participate in this private social meditation ("Event"), presented by Jessica Esfandiary and Lauren Urbiztondo of my own choice and agree to all the terms and conditions of this Agreement.
1. I understand that participation in the Event is by my independent choice and at my sole risk. I expressly assume all risks in connection with my participation in the Event including, without limitation, illness, injury, death, and all other damages, which may occur regardless of my or Jessica's action, inaction, or negligence. I agree to assume all related risks and accept full responsibility for all damages related to the Event.
- I certify that I am in good health and suffer from no physical or mental injury, illness, or disability that would make me susceptible to any risk related to the Event. I certify that there are no health-related reasons or problems which preclude my participation in the Event.
I forever release, waive, discharge, and agree not to sue Jessica Esfandiary, her relatives, her guests at the Event, and each of their businesses, representatives, successors and assigns (collectively, "Released Parties") from any and all claims, demands, losses, damages, liabilities, suits, actions, and expenses (including, without limitation, reasonable attorneys' fees) relating to my participation in the Event including, but not limited to, any bodily injury, death, or property or personal damage, whether or not caused or alleged to be caused, in whole or in part, by the Released Parties or any other party's actions, inaction, or negligence in connection with the Event.
I hereby indemnify and hold harmless the Released Parties from all third-party claims, demands, losses, damages, suits, actions, and expenses caused in whole or in part by my actions, inaction, or negligence.
In the event of any injury to me, I consent to any and all emergency medical care and transportation Jessica and/or her authorized agents or representatives may deem appropriate. This release and waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.
In the event I choose to consume any intoxicating, inebriating or mild altering substance at the Event, I acknowledge that such consumption will be at my own election, discretion, risk, and liability. I assume all responsibility and risk related to the possession and consumption of such substances and unconditionally release and hold the Released Parties harmless therefrom. I understand and agree that in the event I should choose to become intoxicated or impaired through the consumption of alcohol, or any intoxicating or inebriating substances, I will, at all times, be solely responsible for my actions. I release and hold harmless the Released Parties from all liabilities, claims, actions, damages, costs, and expenses of any kind arising from my actions while intoxicated or impaired.
- I may be asked to leave the Event and the Event premises at any time, for any reason or no reason, and if I fail to leave voluntarily then Jessica and/or her authorized agents or representatives may remove me from the Event and the Event premises. I understand that I will be solely responsible for my own care and transportation if I am asked to leave or am removed from the Event. I release any and all claims against the Released Parties related to any discontinuation of my participation.
To ensure the privacy of all Event participants, I will not record any audio or video.
- I acknowledge that the novel coronavirus, COVID-19 is extremely contagious and is believed to spread from person-to-person contact. I further acknowledge that my participation in the Event could increase my risk of contracting COVID-19. I voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participating in the Event and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Event may result from the acts, omissions, or negligence of myself and others including, but not limited to, the Released Parties. I release, covenant not to sue, discharge, and hold harmless the Released Parties of and from all liabilities, claims, actions, damages, costs, and expenses of any kind arising out of or related thereto.
"Confidential Information" means any information, whether written, oral, photographic, video, recorded, or otherwise, regarding or related to the participants, occurrences, and activities at the Event. Confidential Information further includes all confidential or proprietary information regarding the Released Parties that is not generally known, regardless of how I obtain such information, including, without limitation, any information regarding personal lives, characteristics, habits, views, conduct, activities, or background, or relates to the business affairs or operations, future plans, or financial condition of any Released Party. I agree to keep all Confidential Information strictly confidential and will under no circumstances disclose any Confidential Information to any third party nor post or share any Confidential Information on the Internet, social media, or otherwise. I acknowledge that any disclosure of Confidential Information may harm Jessica Esfandiary and/or Event participants. If I am questioned by any third-party about any Confidential Information, I will immediately notify Jessica and provide the details of such inquiry including the identity and contact information of the third-party inquirer.
I agree that in the event of any legal action or proceeding brought by me in connection with the Event or its participants, I will be responsible for all costs and expenses of said litigation, including those of the defendant(s), until such time that a final judgment is rendered by a court of competent jurisdiction. The prevailing party in any such action or proceeding will be entitled to recover from the non-prevailing party all related costs and expenses, including court costs and attorneys' fees.
- I expressly agree that the terms of release and indemnity contained herein are intended to be as broad and inclusive as possible. If any portion of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such portion will be enforced to the maximum extent permitted by law and the remainder of this Agreement will continue in full force and effect.
13. I have read this Release and Waiver carefully and fully understand its contents. I am aware that this is an agreement not to sue the Released Parties and constitutes a complete release of liability in favor of the Released Parties. I acknowledge that I am signing this document of my own free will, with full knowledge of the risks that I am assuming which include, without limitation, the risk of injury or death regardless of how it arises, and even if it results from the neglect or fault of the Released Parties. Electronic copies of an executed Release and Waiver shall be deemed an original.