| 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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| I acknowledge the contagious nature of the novel coronavirus/COVID-19 and that the CDC
and many other public health authorities still recommend practicing social
distancing.
I further acknowledge that Emissaries of Divine Light d/b/a Sunrise Ranch
(hereinafter “Sunrise Ranch”) has put in place preventative measures to reduce
the spread of the Coronavirus/COVID-19.
I further acknowledge that Sunrise Ranch cannot guarantee that I will not become
infected with the Coronavirus/COVID-19. I understand that the risk of becoming
exposed to and/or infected by the Coronavirus/COVID-19 may result from the
actions, omissions, or negligence of myself and others, including, but not limited
to, Sunrise Ranch staff, residents and guests.
I voluntarily choose to reside at or attend an event or events at Sunrise Ranch and
acknowledge that I am increasing my risk to exposure to the
Coronavirus/COVID-19. I acknowledge that I must comply with all noticed and set
procedures to reduce the spread while attending my event and/or in residence at
Sunrise Ranch.
I attest that:
1) I am not experiencing any symptom of illness
such as cough, shortness of breath or difficulty breathing, fever, chills,
repeated shaking with chills, muscle pain, headache, sore throat, or new loss
of taste or smell.
2) I have not traveled internationally within
the last 14 days.
3) I have not traveled to a highly impacted area
within the United States of America in the last 14 days.
4) I do not believe I have been exposed to
someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
5) I have not provided care or had close contact
with any person with Coronavirus/COVID-19 or with any person reasonably
suspected of having Coronavirus/COVID-19 or with any person who travelled
outside of the United States within the last 14 days or with any person who
travelled in an area under a travel health advisory in the last 14 days.
6) I have not been advised by the Government of
the United States or any Public Health Department or doctor to self-isolate due
to possible exposure to Coronavirus/COVID-19.
7) I have not been diagnosed with Coronavirus/COVID-19;
nor have I been advised that I have not yet been cleared as non-contagious by
state or local public health authorities or a medical provider.
8) I am following all CDC recommended guidelines as much as possible, as well as Larimer
County directives, and limiting my exposure to the Coronavirus/COVID-19.
9) I am fully aware of
the risks and hazards with respect to Coronavirus/COVID-19 inherent in my event
attendance or residence at Sunrise Ranch. I freely and voluntarily agree to
assume the risk with respect to Coronavirus/COVID-19, including the risk of
death, bodily injury or property damage, regardless of severity, that I (or my
child/ward) may sustain as a result of my participation in the activities and
attendance or residence at Sunrise Ranch, howsoever arising, including, but not
limited to, the active or passive negligence of Sunrise Ranch. I understand
that there are inherent and unforeseen risks involved in participating in the
activities or while attending or residing at Sunrise Ranch.
I have read this
document in its entirety and fully understand its terms. I understand that I am
giving up substantial legal rights by checking this checkbox, including the right to sue
Sunrise Ranch. I acknowledge that I am agreeing freely and
voluntarily and intend my agreement to be a waiver and complete and
unconditional release of all liability due to the negligence of Sunrise Ranch
or, the inherent risks of event attendance or residence at Sunrise Ranch.
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