| Thank you for participating in this Event/Workshop/Retreat/Visit/Residence at Sunrise Ranch
(hereinafter “tenure”), headquarters for Emissaries of Divine Light (hereinafter “EDL”). By
participating in this tenure, you agree to the following terms and conditions.
Your tenure focuses solely on personal growth and spiritual transformation and is not to be
considered treatment for any physical, emotional, or mental disorder. You agree to consult with
your health care providers, if necessary, for any specific medical, emotional, or psychological
problems or issues in advance of your tenure, affirm that you are physically and emotionally
able to participate in this tenure and that you have not been advised otherwise by a qualified
medical professional. Further, you agree to take full responsibility for your self-care during same
and thereafter.
Waiver of Liability
1) You represent that you are competent and able to understand the nature and
consequences of participating in the tenure, and that you are at least 18 years of age. If you are
a minor, your parent or legal guardian hereby represents that you are competent and able to
understand the nature and consequences of tenure.
2) You understand that your participation in tenure is strictly voluntary, at your own risk, and
that you freely choose to participate. Since any tenure is experiential and the extent of the risks
and benefits are not fully known, you agree to assume and accept full and complete
responsibility for any known and unknown risks associated with your participation in it, including
any physical injury, psychological or emotional effects, death, loss, or property damage.
3) You agree to release EDL, its representatives, agents, assigns, sponsors, speakers,
partners, contractors and any of its affiliates, Sunrise Ranch, the teachers, employees,
volunteers, and any independent contractors (hereinafter “EDL and its affiliates”) from any
liability resulting from tenure. Specifically, you and your heirs agree to fully release, indemnify,
hold harmless and defend EDL and its affiliates from any and all claims or liability, and for any
damage or injury, including but not limited to, financial, property, personal, emotional,
psychological, medical, or otherwise, which you may incur arising at any time as a result of your
voluntary decision to participate in tenure.
4) In the event of an accident, injury or sickness, you give permission to EDL and its
affiliates to seek medical attention and/or authorize emergency medical treatment if necessary.
EDL will first attempt to communicate with your authorized emergency contact before seeking
medical treatment for you, unless it is not feasible or practical. EDL and its affiliates will not be
held liable for any accident, injury, sickness, death, loss, or property damage that might arise out
of or in connection with such authorized emergency medical treatment.
5) You further agree to indemnify and hold harmless EDL and its affiliates from any
damages or costs, including court and attorney’s fees, which may arise, directly or indirectly, in
connection with tenure.
6) Any and all matters in dispute between the parties to this Agreement, whether arising
from or relating to the Agreement itself, or arising from alleged extra-contractual facts prior to,
during, or subsequent to the Agreement, including, without limitation, fraud, misrepresentation,
negligence or any other alleged tort or violation of the contract, shall be governed by, construed,
and enforced in accordance with the laws of the State of Colorado, without regard to conflicts of
law doctrines and regardless of the legal theory upon which such matter is asserted. If any
portion of this Agreement is held to be invalid, it is agreed that the balance of the Agreement
shall continue in full force and effect. This Agreement shall be binding upon you and your heirs,
family, legal representative, successors, and assigns.
7) This Agreement constitutes the entire and final agreement between the parties and
supersedes any prior oral or written agreements, discussions or understandings. This
Agreement may not be modified in any respect except in writing describing the modification and
signed by both parties.
8) All claims and disputes arising under or relating to this Agreement are to be settled by
binding arbitration in the State of Colorado. The arbitration shall be conducted on a confidential
basis pursuant to the arbitration rules of the American Arbitration Association. If the parties
hereto cannot agree to a single arbitrator to conduct the proceeding, a three-person panel of
arbitrators shall conduct said proceeding. In such circumstance, each party shall be entitled to
select one arbitrator on the panel. The two arbitrators selected by the parties hereto shall then
select a third arbitrator for the panel. Any decision or award as a result of any such arbitration
proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact
and shall include the assessment of costs, expenses, and reasonable attorneys' fees. An award
of arbitration may be confirmed in a court of competent jurisdiction.
9) You and EDL agree that each may bring claims against the other only in your or its
individual capacity and not as a plaintiff or class member in any purported class or
representative action. Unless both you and EDL agree, no arbitrator or judge may consolidate
more than one person’s claims or otherwise preside over any form of a representative or class
proceeding. The arbitrator may award injunctive relief only in favor of the individual party
seeking relief and only to the extent necessary to provide relief warranted by that party’s
individual claim. If a court decides that applicable law precludes enforcement of any of this
paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim)
must be severed from the arbitration and may be brought in court. |
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