saltwater pool and hot tub

Floating Sound Bath

Floating Sound Bath Waiver

Participant Agreement, Waiver of Liability & Release Agreement

PLEASE READ CAREFULLY – BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER AND LOCATION LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER’S ORDINARY NEGLIGENCE THAT ARE A RESULT OF THE PROVIDER’S FAILURE TO EXERCISE REASONABLE CARE.

In consideration of my participation in the Sound Bath and associated events and Activities (collectively referred to as “CLASS”) and the services of the LOCATION organization, Avocado Bliss Retreat and provider namely CJ Andrews or entities acting in any capacity on their behalf, as well as its successor and assigns (collectively referred to as “ABR”), I, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate (collectively referred to as “Participant”), hereby agree to release and discharge ABR as follows:

1. Waiver of Liability and Release. Participant does hereby release and forever discharge ABR from any and all liability, claims, and causes in action, which arise or may hereafter arise or are in any way connected to Participant’s involvement in a Class. Participant understands that this Agreement discharges ABR from any liability or claim that the Participant may have against ABR with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Participant’s involvement in a Class, whether caused by the negligence of ABR, or otherwise. Participant also understands that ABR does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness. Participant understands and acknowledges that the Activities in which Participant will voluntarily engage in a Class bear certain known inherent Risks that contribute to the unique character of these Activities, and that ABR cannot eliminate, alter, or control these inherent risks. These Risks include those inherent in visiting a working orchard, walking the property and participating in a sound bath.

2. Indemnification and Hold Harmless. Participant hereby agrees to indemnify and hold harmless ABR from any liability, claims, and causes in action, which are in any way connected to Participant’s involvement in a Class, or use of ABR facilities or equipment, including any such claims which allege negligent acts or omissions of ABR.

3. Medical Care. I hereby give permission for the ABR personnel to seek emergency medical attention for me in the event of accident, injury or illness. I will be responsible for any and all costs of such medical attention and treatment. Participant does hereby release and forever discharge ABR from any liability, claims, and causes of action that arise or may hereafter arise on account of any first aid, treatment, or service rendered or not rendered in connection with the Participant’s involvement in a Class.

4. Certification and Assumption of Risk. Participant hereby certifies that he/she is physically fit, has trained sufficiently for participation in the Class and has not been advised otherwise by a qualified medical person. Participant agrees that ABR is not qualified to evaluate Participant or Participant’s fitness for involvement in the Class. Participant must determine if he or she is sufficiently fit to participate. Participant hereby expressly and specifically assumes the risk of injury or harm in the Participant’s involvement in the Class. Participant agrees that his/her involvement in the Class is purely voluntary, and Participant elects to participate in the Class in spite of the Risks.

5. Personal Property. Participant acknowledges and agrees that he/she is responsible for his/her equipment and all personal property during the Class and that ABR is not responsible in any way for such property whether it is lost, stolen or damaged.

6. Interpretation and Governing Law. This document shall be construed broadly to provide a release and waiver to the maximum extent permitted under California law. If any portion of this document shall be held as invalid, it is agreed that the balance shall continue to be in full force and effect. This document shall be governed by the laws of the State of California. Venue for any legal action shall be in the state or federal courts of San DiegoP County or California as applicable.

7. Media Release. I acknowledge that video or photographic images may be captured during rendered services for promotional purposes and that I may appear in web postings including but not limited to social media, blog postings, and on ABR websites. I waive all rights and compensation to said images.