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EAGLE CREEK RETREAT CENTER
ASSUMPTION OF RISK, ACCIDENT WAIVER AND RELEASE OF LIABILITY
I, the undersigned, in consideration of my participation in any retreat, event, or activity (collectively, “activities”) hosted
by or conducted on property owned, leased, or rented by Eagle Creek, LLC, Shift Wellness, LLC, or its partner companies
(collectively, “Eagle Creek”), which may include transportation to and from the Eagle Creek Retreat Center and the
location of the activity/event (“activity”), do acknowledge and agree as follows:
1. I understand the nature of the Eagle Creek activities and represent that I am in good health and proper physical
and mental condition to participate in these activities.
a. These activities may test my physical and mental limits and carry the potential for property damage or
serious injury, including death. The risks include, but are not limited to, those caused by terrain, facilities,
temperature, weather, condition of participants, equipment, vehicular traffic, actions of other people
including but not limited to, participants, volunteers, spectators, or the producer of the activity. These
risks are inherent for participants and volunteers.
b. I will inform Eagle Creek staff if I believe I cannot safely participate in any activity, and I will not
participate if the activities are beyond my level of skill or comfort.
2. I hereby assume all of the risks of participating and/or volunteering in this activity. I realize liability may arise
from negligence or carelessness on the part of the persons or entities being released, from dangerous or
defective equipment or property owned, maintained or controlled by them, or because of their possible liability
without fault. I acknowledge this form will be used by the activity holder, sponsors, and organizers in activities in
which I may participate and that it will govern my actions and responsibilities at said activity.
3. I understand that while Eagle Creek activities aim to support the mental wellness of participants, these activities
are not a substitute for personalized psychiatric or medical advice, diagnosis, or treatment of any type. I take full
responsibility for seeking medical treatment, counseling, or psychotherapy at my own cost for any emotional
issues that arise during or after the event or activities.
4. In consideration of permitting me to participate in the Eagle Creek activities, I take action for myself, my
executors, administrators, heirs, next of kin, successors, and assigns as follows:
a. Waive, release, and discharge from any and all liability for death, disability, personal injury, property
damage, property theft, or actions of any kind which may hereafter accrue to me participating in this
activity, the organizer and the following entities or persons: Eagle Creek, LLC, their directors, officers,
affiliated clinicians and instructors, employees, volunteers, representatives, and agents, the event
holders, event sponsors, event directors, event volunteers, and event officials.
b. Indemnify and hold harmless the entities or persons mentioned in this section from any and all liabilities
or claims made by other individuals or entities as a result of my or any actions during these activities.
c. If, despite this release, I or anyone on my behalf makes a claim against any of the entities or persons
mentioned in this section, I shall indemnify, defend, and hold harmless each from any loss, liability,
damage, or cost (including attorney’s fees) which any may incur related to such claim.
5. In the event of illness or injury during which I become unconscious or otherwise unable to verbally consent, I do
hereby consent to all reasonable treatment, hospital care, and emergency transportation considered necessary
in the best judgement of the Eagle Creek employees.
6. This release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the
parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in
the future.
I expressly waive all rights under California Civil Code Section 1542, which provides: “A general release does not
extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his settlement with the debtor”.
7. I understand that I may be photographed or recorded while participating in these activities. I agree to allow my
photo, audio, video, or digital likeness to be used for any legitimate business purpose, including promotional
purposes in print or digital media, by Eagle Creek, LLC and other sponsors, organizers and/or assigns, and waive
all rights of privacy or publicity in such materials.
8. The Assumption of Risk, Accident Waiver, and Release of Liability shall be construed broadly to provide a release
and waiver to the maximum extent permissible under the laws of the State of California, and if any portion of
this Agreement is held invalid, it is agreed that the balance shall notwithstanding continue in full legal force and
effect.
9. I agree to comply with all precautions, safety measures, testing and disclosure requirements as set out in the
Eagle Creek COVID-19 Informed Consent form, and acknowledge that although Eagle Creek will put in place
known preventative measures to reduce the spread of COVID-1, Eagle Creek cannot guarantee that you will not
become infected with COVID-19 while participating in Eagle Creek activities.
10. I hereby certify that I have read this document, I understand its contents, and I am signing it freely and
voluntarily as a legally competent adult over the age of 18.
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