FOUNDATIONS OF CREATIVITY WORKSHOPS
Acknowledgement of Risk and Release of Liability
I wish to participate in this workshop which is partially or wholly sponsored, organized, directed or conducted by Foundations of Creativity LLC, (FOC), including its employees, agents, volunteers, instructors and members (collectively “Foundations of Creativity LLC”). In exchange for the ability to participate in these activities, events or trips, by my/our signature on (and/or clicking on the workshop webpage to agree to) this Acknowledgement of Risk and Release of Liability (“Release”) I/we hereby irrevocably and unconditionally agree for myself/ourselves and my/our heirs, estate, insurers, successors and assigns as follows:
1. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK. I understand that although extremely unlikely, the workshop may be hazardous and may result in severe injury, loss, damage, or death. I understand that I am solely responsible for my own safety, and for taking every precaution to provide for my safety and well-being while participating in the workshop. I understand that I am solely responsible for assuring that my physical conditioning, skills and equipment are adequate for me to participate safely in the workshop. I understand that FOC has no obligation to provide medical care, and has not undertaken the responsibility to do so. I understand that FOC is not a guide service. I understand that the workshop may involve risks and dangers that are impossible to know or predict, including but not limited to: forces of nature; equipment malfunctions or failure; travel by motor vehicles or other conveyance; acts or omissions by FOC, its employees, agents, instructors, volunteers or members; and acts or omissions by other activity participants. I understand and have considered and evaluated the nature, scope and extent of the risks involved, and I voluntarily and freely choose to assume such risks.
2. RELEASE FROM LIABILITY. I fully and forever release and discharge FOC, its volunteers, employees, agents, partners, leaders, instructors, members, guides, officers, directors, representatives, owners or operators of FOC, facilities, equipment and vehicles, and all others involved (the “Released Parties”) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in or attendance at the workshop, including transportation related to FOC Activities, even if it is due to the negligence or other fault of the Released Parties.
3. COVENANT NOT TO SUE. I will not initiate any lawsuit, court action, or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claim for money damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me or others in connection with my participation in or attendance at any or all FOC Activities, and I waive any right I may have to do so. This means that I cannot sue to hold the Released Parties responsible for any injuries, losses, or damages that I may experience related to the workshop, even if due to the negligence or other fault of the Released Parties. I waive my insurers’ right to make a claim against the Released Parties based on payments by insurers to me or on my behalf for any reason. This means that my insurers have no right of subrogation against the Released Parties. If any portion of this Covenant Not to Sue is held to be invalid or unenforceable, I agree that the venue of any lawsuit shall be Boulder, Colorado, and that, irrespective of any otherwise applicable choice-of-law statute, law or provision, Colorado statutory and substantive law shall apply to any such lawsuit.
4. INDEMNITY. I will hold harmless, indemnify, and reimburse the Released Parties from and for any sums, costs, or expenses (including attorney fees) incurred by any of the Released Parties or paid by them to any person (including me or my insurers) in connection with any accident, injury (including death), loss, or damage sustained by me or others in connection with my attendance at or participation in the Activity, including transportation related to Workshop Activities. This means that I will reimburse the Released Parties if anyone makes a claim against them based on injuries, losses or damages I may suffer.
5. NO INSURANCE; MEDICAL EXPENSES. I understand that FOC and others involved in the workshop do not provide me with any insurance, including life, medical, motor vehicle, or liability, for any illness, accident, injury, loss, or damage that may arise in connection with my participation in or attendance at any Foundations of Creativity LLC workshops. If I want insurance of any kind, I must obtain my own insurance. I will pay my own medical emergency expenses and all subsequent medical expenses associated with any illness, accident, or injury in connection with any workshop.
6. VALIDITY. I intend this Release to apply in connection with any FOC Activities at any time and anywhere in the world. I agree that my clicking on the acceptance button on the workshop web page constitutes my acceptance of this Release with the same force and effect as if I were to sign a printed copy of this Release. I further understand and agree that payment of the workshop fee constitutes additional, independent acceptance of all of the terms of this Release. I further understand and agree that my signature on a printed copy of this Release is not required to give effect to my acceptance of the terms of this Release, but I will immediately provide my signature on a printed copy of this Release upon request. If any portion of this Release is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Release supersedes any oral or written statements made by or to me at any time by anyone in connection with any FOC Activities. I understand that I cannot terminate, cancel, or revoke this Release for any reason.
I UNDERSTAND THAT THIS IS A LEGAL DOCUMENT AND THAT BY CLICKING THE ACCEPTANCE BUTTON ON THE DRAWING WITHOUT FEAR WEBPAGE I AM AGREEING TO ITS TERMS WITH THE SAME FORCE AND EFFECT AS IF I WERE SIGNING IT. I UNDERSTAND THAT BY AGREEING TO THIS ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY I AM GIVING UP MY RIGHT TO SUE OR OTHERWISE MAKE ANY CLAIM AGAINST THE RELEASED PARTIES. I HAVE READ THIS ENTIRE DOCUMENT CAREFULLY. I FULLY UNDERSTAND ITS CONTENTS AND I VOLUNTARILY AGREE TO ITS TERMS.