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I acknowledge and agree that this Participant Agreement, Indemnification, Waiver and Liability Release, and Assumption of the Risk Agreement Acknowledgment (referred to herein as the “Agreement”) covers and is intended to release Thriving Churches International, Inc., Bayside Covenant Church, Inc., and their respective and collective agents, owners, officers, managers, shareholders, parent companies, subsidiaries, affiliates, volunteers, participants, employees, independent contractors, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively referred to as “TCI”).
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In consideration of participation and use of TCI premises, borrowed or leased premises, equipment, services, and participation in various activities, including but not limited to: the Thrive Collective Retreat, all equipment and locations necessary to participate in various Thrive Collective Retreat activities, travel to and from and during, collaborative meetings, purchase and/or consumption of food or beverages, boating, swimming, arranged sleeping quarters in homes or locations not owned by TCI, and any other amusement or recreation activities (collectively “ACTIVITIES”), I hereby agree as follows:
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ASSUMPTION OF RISK: I acknowledge that I have full authority to bind myself to this agreement and I am voluntarily participating in the ACTIVITIES, which I agree could be dangerous and entail both known and unknown inherent risks, which are many and impossible to list in their entirety. These risks include, but are not limited to: physical injury, emotional injury, permanent disability, or even death, deriving from, but not limited to, use of the TCI facilities (owned, borrowed, or rented); equipment malfunctions; lack of supervision and/or training of TCI staff, volunteers, or independent contractors; lack of proper equipment, padding, or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by TCI, other participants, and/or any other person, entity, or object. I hereby voluntarily assume all such risks. I further understand and acknowledge that TCI does not manufacture the facilities used for the ACTIVITIES or other equipment in its facilities, but purchases and/or leases the facilities and equipment and therefore TCI may not be held liable for defective products. By participating in the ACTIVITIES, I certify and agree that I am physically fit and know of no medical or health reason that should prohibit me from participating. I further take responsibility for all equipment and safety gear provided for use.
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RELEASE OF LIABILITY: I hereby irrevocably and unconditionally release, waive, relinquish, discharge from liability, and covenant not to sue or take any other kind of legal or administrative action against TCI for any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, damages, judgments, and liabilities of any kind or nature, in law, equity, or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my use of TCI-provided premises, equipment, services, and activities, including, without limitation, any claim for negligence arising from property damage, personal or bodily injury, emotional injury, illness, or death to the maximum extent allowed by law.
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LIABILITY FOR PROPERTY: TCI is not liable to you for any personal property that is damaged, lost, or stolen.
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INDEMNIFICATION: I hereby agree to indemnify and hold harmless TCI from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever paid, incurred, and/or suffered by TCI, including but not limited to, attorneys’ fees, costs, damages, and/or judgments TCI incurs in the event that I cause any injury, damage, and/or harm to TCI and/or any and all other persons and entities acting on behalf of TCI.
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ATTORNEYS’ FEES: I promise to indemnify TCI for any attorneys’ fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of TCI, pre-judgment and post-judgment interest shall accrue thereon at the legal rate.
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PHOTO RELEASE: By participating in the Thrive Collective Retreat and the ACTIVITIES, I hereby grant TCI the irrevocable right and permission to photograph and/or record me in connection with TCI and to use the photograph and/or recording and my name, likeness, voice, and appearance for promotional purposes. I waive any right to inspect or approve the use of the photograph and/or recording and acknowledge and agree that the rights granted under this release are without compensation of any kind.
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TERM OF AGREEMENT: I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I participate with TCI, whether at the current location and event or any other event, location, or facility.
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VENUE / MEDIATION: In the event a lawsuit is filed against TCI, I agree to the sole and exclusive venue of the Superior Court of California, County of Placer. I further agree that the substantive law of California shall apply without regard to any conflict of law rules. I also agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. Prior to any lawsuit, I agree to participate in private, in-person mediation with TCI to attempt to resolve the dispute without litigation. The mediation fees/costs will be split equally between me and TCI.
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HEALTH AND ILLNESS: In consideration of being allowed to participate in any or all of the services and ACTIVITIES, including, but not limited to, those set forth in the Agreement and any related events and ACTIVITIES, I acknowledge, appreciate, and agree that:
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(1) Participation includes possible exposure to and illness from infectious diseases. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and
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(2) I, for myself and/or on behalf of my spouse, and minor child(ren)/ward(s), knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the RELEASEES or others, and assume full responsibility for my participation; and
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(3) I, for myself and/or on behalf of my spouse and minor child(ren)/ward(s), as well as on behalf of my heirs, assigns, personal representatives, and next of kin, hereby release and hold harmless TCI, its officers, officials, agents, employees, other participants, sponsoring agencies, sponsors, advertisers, owners, parent companies, affiliated entities, and lessors of premises ("RELEASEES"), with respect to any and all illness, disability, death, or loss or damage to person or property, whether arising from the negligence of RELEASEES or otherwise, to the fullest extent permitted by law.
By electronically signing this document, I hereby acknowledge and consent to the use of my electronic signature and agree that this electronic signature shall have the same force and effect as a physically signed document. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein. I certify that I agree to the terms of the above Agreement.