WAIVER AND RELEASE OF LIABILITY FOR THE YEARN (the “Gathering”)
I, the Participant, am planning to join this Gathering at a resort in Playa del Carmen to exercise my sincere religious beliefs taught by the Church of Yearn (“Church”) on how human gathering and human connection are vital to our personal growth and development.
I am physically and mentally able to participate in this Gathering and shall take all responsibility in taking all the necessary and proper precautions to prevent heat exhaustion, dehydration, and any other steps to stay safe and healthy while participating in the Gathering.
Mindful Media
I agree to be mindful of the privacy of other participants at the Gathering. I understand and agree that I shall not post any photographs, images or videos (Media) of the Gathering that include any other identifiable participant(s) of the Gathering, on social media, websites, or any other media platforms, except for (i) Media that include only myself; or (ii) Media provided by the Church members, staff, employee or agents that have been approved for posting in writing, or (iii) when consent is given by such other identifiable participant(s) in the Media.
I understand that the Church and/or agents of the Church will be capturing Media and that I may appear in Media that will be used for promotional purposes, including but not limited to advertising or marketing. I understand that this Media will be posted in the Gathering WhatsApp group and that participants will be provided with a limited time window to request exclusion of specific photographs or portions of video in which I appear. Other than these specific exclusions, I consent to my photographs, images, likeness or videos being posted on social media, such as Instagram, the Church’s website, and Facebook.
Church Ceremonies and Activities at the Gathering
I understand that, as part of the Church and its congregant’s exercise of sincere religious beliefs, the Gathering will have ceremonies involving the use of religious sacrament(s) (a “Ceremony”), which the Church believes shall support the healing of our hearts, elevation of our minds, and enhancing our connection with the universe and the Church community. The Church will also have other types of ceremonies and activities that do not involve ceremonial use of sacrament(s) (collectively, an “Activity”). I understand that consuming any religious sacrament(s) and participation in a Ceremony and participating in any Activity at the Gathering are entirely optional. Any participation in a Ceremony or an Activity is entirely of my own accord.
Fitness to Participate in a Church Ceremony or Activity
In deciding to participate in a Ceremony and/or Activity voluntarily and of my own volition to exercise my sincere religious and spiritual beliefs, I acknowledge and agree that such participation is appropriate for me based on my own health conditions, medical, psychological, or otherwise, known or unknown. I understand that the consumption of certain substances that include, without limitation, to certain prescriptions, herbal supplements, and foods (together, the “Contraindicated Substances”) may increase the risk of a health emergency or adverse event. I confirm that I have done my own research based on currently available information, including without limitation, medical information, to make my own determination that I am fit to engage in a Ceremony or Activity. I understand that the Church does not provide medical advice, diagnosis or treatment to make a determine of my fitness to participate in a Ceremony or Activity based on my health condition. I further confirm that there are no health circumstances that would preclude my engaging in a Ceremony or Activity, not will I consume any Contraindicated Substances for the appropriate period of time, based on any relevant and available medical information, prior to and after engaging in a Ceremony or Activity. I also understand and acknowledge that the Church does not allow any congregants with a personal and/or family history of mania, psychosis, bipolar disorder, or schizophrenia (collectively, each a “Excluded Condition”) to participate in a Ceremony. In the event I decide to participate in a Ceremony, I further confirm that I do not have an Exclude Condition that would preclude me from participating in a Ceremony. I understand that the Church is relying on my confirmations of fitness to participate in a Ceremony or Activity.
Acknowledgment and Assumption of Risks
I am aware and understand that there are serious known and unknown risks associated with engaging in a Ceremony or Activity and that engaging in a Ceremony or Activity is a potentially dangerous activity that includes but is not limited to the risks of serious injury, disability, death, and/or property damages, as well as other forms of damages, losses, or personal injury, such as pain, suffering, mental health or emotional, psychic or other injuries (collectively, the “Risks”). I also understand that the Risks involved may not be known to me or the Church and may not be foreseen or reasonably foreseeable. Notwithstanding these Risks, I hereby acknowledge that I am knowingly and voluntarily participating in a Ceremony and/or Activity with the express understanding of the Risks and hereby agree to accept and assume any and all the Risks and any and all other liability whatsoever (including Losses as defined below) arising out of my participation of a Ceremony or Activity, whether caused by the ordinary negligence, fault or conduct of any kind on the part of the Released Parties (defined below) or otherwise.
Waiver, Release and Agreement Not to Sue
I, the undersigned, on my own behalf, my assigns, executors, guardians and all other legal representatives, hereby expressly release, waive, and forever discharge any and all liability, claims, and demands of whatever kind or nature, either in law or equity, against the Church, the Church’s officers and directors, employees and agents, and each and every other person in attendance or participating at the Gathering, including without limitation, the organizers, vendors, venue, and other participants and each of their respective agents, employees, officers, directors, members, managers, employees and any other person associated with the aforementioned persons and entities (collectively the “Released Parties”), including, without limitation, damages or losses caused by the negligence, fault or conduct of any kind on the part of the Released Parties, including but not limited to property loss or damage, personal injury, harm, illness and infection (including but not limited to COVID-19), economic loss or out of pocket expenses, or death (collectively, “Losses”) resulting from, arising out of or in any way connected to my participation at the Gathering, including but not limited to participation in a Ceremony and/or Activity. I further agree that under no circumstance will I attempt to bring or present any claims against, prosecute, sue, or seek to attach any lien for any purpose including satisfaction of a judgment or other judicial decree, to any property owned by the Released Parties. I understand and agree that the Released Parties are not responsible for any Losses arising out of or in any way related to my participation at the Gathering, including but not limited to participation in a Ceremony and/or Activity.
WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, PARTICIPANT FURTHER AGREES TO EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
I HEREBY KNOWINGLY AND VOLUNTARILY ASSUME ANY AND ALL RISK OF ANY LOSSES, WHICH MAY OCCUR BY ATTENDING THE GATHERING AND HEREBY RELEASE, FOREVER DISCHARGE, AND HOLD THE RELEASED PARTIES HARMLESS IN PERPETUITY FROM ANY CLAIM ARISING FROM SUCH RISKS, EVEN IF ARISING FROM THE ORDINARY NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY OWN PARTICIPATION AND CONDUCT AT THE GATHERING.
I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THIS WAIVER AND RELEASE OF LIABILITY. I UNDERSTAND THAT BY AGREEING TO THIS WAIVER AND RELEASE I AM GIVING UP SUBSTANTIAL RIGHTS, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.