WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in A JOYFUL LIFE RETREAT WITH JOYFUL LIFE
WITH KJ, LLC (hereinafter the "Activity"); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively,
"Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age),
knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or
causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge JOYFUL LIFE WITH KJ, LLC, located at 6 Silas Warren Dr, Hermon, Maine 04401,
their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and
assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my
participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE
ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS
ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN,
SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS),
ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY
ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE
ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED
RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any
kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's
fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or
entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or
treatment, I authorize Joyful Life with KJ, LLC to provide all emergency medical care deemed necessary, including but not
limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical
personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a
result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with
it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able
and properly trained, and I agree to abide by the decision of the Joyful Life with KJ, LLC official or agent, regarding my
approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY
UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Joyful
Life with KJ, LLCAND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF,
VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL
CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I
OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Joyful Life with KJ, LLC FOR PERSONAL INJURY OR
PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such
negligence on the part of Joyful Life with KJ, LLC, its agents, and employees.
I agree that this Release shall be governed for all purposes by Maine law, without regard to any conflict of law principles. This
Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions,
neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of
neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION
IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement
between two parties of equal bargaining strength. Both Participant, signed below and Joyful Life with KJ,
LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted
to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the
purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any
term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the
remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to
be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall
be deemed to be written, construed and enforced as so limited.
In the event of an emergency, please contact the following person(s) in the order presented:
Emergency Contact
Contact Relationship Contact Telephone
I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM
FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY
UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS
IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.
PARENT / GUARDIAN WAIVER FOR MINORS
In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent of guardian, as follows:
I HEREBY CERTIFY that I am the parent or guardian of below signed attendee, and do hereby give my consent without reservation to the foregoing on behalf of this individual.
I understand that photos from the event that may include photos of me will be used in marketing by Joyful Life with KJ, LLC.
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Waiver of Liability and Hold Harmless Agreement for the Trim Healthy Mama Coaching Program
I, the below signed, expect and intend to participate in Trim Healthy Mama Coaching Program, hereinafter referred to as the program, following the execution of this agreement. Upon signing and submitting this form, I acknowledge that my participation in the program is completely voluntary. I further agree and understand that during the program I specifically agree to comply with all reasonable directions and instructions by my Trim Healthy Mama Coach for the duration of the program. I also certify that I am in adequate physical condition to participate in this program and that I have no known physical conditions which could be worsened or aggravated by my participation.
Due to the nature of this program, I acknowledge that my participation could involve risk of bodily injury, illness, death, property damage, or other risks associated with this program, and I assume full responsibility for such, including, those arising from travel to and from any associated program events. This waiver contemplates a wide range of risks including but not limited to those relating to travel, terrain, weather, eating and sleeping arrangements, and any and all other circumstances relating to the program.
Furthermore, in consideration of the opportunity to participate in the above referred program, with full knowledge and appreciation of the risks involved, and full understanding of the above issues/conditions. I hereby covenant to release, indemnify, and hold harmless Trim Healthy Mama LLC, its owners, officers, employees, coaches, representatives, volunteers, and agents (“Releasees”) from all manner of action and actions, cause and causes of action, suits, claims, or demands of any nature, including personal injuries, death, damages or property loss resulting from said participation. I specifically intend this waiver to preclude liability caused by the negligence of the Releasees.
I intend this agreement to bind my spouse, family heirs, assigns, and personal representative, and it shall be deemed as a perpetual release, waiver, discharge and covenant not to sue the Releasees.
In signing this agreement, I agree that I have read this Waiver of Liability and Hold Harmless Agreement, understand it, sign it voluntarily, have had the opportunity to have it reviewed by my legal counsel, and hereby agree to be bound by the same. I further attest that I am at least eighteen years old and fully competent; that no oral statements apart from this agreement have been made; and I expressly agree that this release is intended to be as broad and inclusive as permitted by the laws of the State of Tennessee, is entered in the State of Tennessee, and shall be governed by Tennessee law. Any dispute arising from this agreement shall be brought in a court of competent jurisdiction located and sitting in Hickman County, Tennessee, and the parties expressly waive the right to trial by jury. The prevailing party to any dispute may recover from the other all expenses incurred, including reasonable attorney’s fees.