Activate in Brotherhood
Agreement Regarding Assumption of Risk, Indemnification, and Release
In exchange for the services provided to me by Activate in Brotherhood, a Florida corporation, their agents, employees, officers, volunteers, and contractors, and any person or organization associated with them and their activities (collectively “AIB”), I, for myself and anyone who may act on my behalf, (hereinafter referred to collectively as “I and my Heirs” or “my Heirs”) agree to and acknowledge the following:
​​
1. Risks. I am attending as a visitor (types of involvement hereafter referred to collectively as 'Participating') in an in-person program of personal growth and Event (the “Event”) sponsored and operated by AIB.
The Event will involve a variety of activities, including, but not limited to, strenuous, vigorous, and challenging physical, mental, emotional, and intellectual activities conducted either indoors and/or outdoors during the day and/or night (the “Activities”). The same elements which contribute to the unique character of the Event and the associated Activities can cause loss or damage to personal property, injury, illness, mental anguish, or, in extreme cases, permanent trauma, disability, or death.
AIB, as a matter of integrity and accountability, wants me to know in advance of the inherent or potential risks of the Event and the associated Activities. I understand that AIB will take reasonable steps to seek to provide a safe environment. However, I also understand that certain risks are inherent in the Event and cannot be eliminated without destroying the unique character of the Event and the Activities.
The risks discussed above include, but are not limited to:
-risks associated with indoor and outdoor strenuous physical activities (such as walking or running on uneven ground), including slips and falls, bruises, sprains, lacerations, fractures, and concussions;
-risks associated with navigating a watercraft in open water, including bruises, sprains, fractures, concussions, mental anguish, and death;
-risks associated with swimming in open water, including hypothermia and death;
-contact with plants, animals, snakes, or insects that could cause stings, bites, allergies, or disease;
-exposure to fire or heat from natural or manmade causes that could cause burns, dehydration, and fainting;
-exposure to cold, water, wet weather, and other unpredictable forces of nature;
-exposure to the conduct of Event participants;
-damage to property owned by me or by others;
-the failure or malfunction of equipment;
inherent risks associated with being in a remote location, distant from medical facilities, where evacuation, transport, and medical care could be delayed;
-risks associated with traveling to and from the Event site or to and from a site of emergency medical care.
-I recognize the COVID-19 virus is capable of being transferred from person-to-person contact. I am aware that any person may carry the virus and be asymptomatic. I understand that my participation in the Event involves the inherent risk of exposure to the COVID-19 virus and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I voluntarily assume the risk that I may be exposed to or infected by the novel coronavirus by attending and/or participating in the Event. I understand that AIB cannot guarantee that I will not become infected with COVID-19.
​
I understand that this list is not complete and that other unknown or unanticipated risks may result in property loss, serious injury, illness, or death.
​
2. Well-Being Information. I attest that (1) I have no medical, physical, mental, or emotional conditions that could interfere with or affect my safety while participating in the Event and its Activities, and I am fully capable, both physically and mentally, of participating in the Event and associated Activities without causing harm to myself or others; or (2) if I have, or suspect I may have, any such condition I have disclosed it fully to AIB.
I understand that certain medical and psychological conditions may increase the risk of my participation in the Event. I release and forever discharge AIB from any liability or claims for any injuries to me that directly or indirectly result from my physical or psychological condition.
I understand that it is my responsibility to consult with my primary healthcare provider prior to participating. I understand that should I choose not to consult with my health care provider, I accept full responsibility waiving all rights to liability or any claims against AIB. I attest to the fact that I have, or will, prior to arrival, disclose all relevant information regarding my physical, emotional, or mental conditions that could cause me harm by participating in this training.
Any well-being information that I have given to AIB is true to the best of my knowledge, information, and belief, and I have disclosed all known or suspected conditions. I agree that I will inform AIB of additional health conditions that may arise between the day I execute this Agreement and the date of the Event and Activities, as well as conditions that arise during the course of the Event and Activities.
3. Assumption of Risk. I understand and agree that AIB is not and cannot be a guarantor or insurer of my safety or well-being. I agree to act with reasonable care for my well-being and the well-being of all other people and property around me during the Event and the Activities. I understand that AIB has not inspected and makes no warranty regarding the condition of bodies of water and provides no lifeguards. I agree that if I swim or otherwise enter those bodies of water, I do so at my own risk.
I understand that any experience, service and/or information at the Event is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care, or substance abuse treatment and that I will not use it in place of any form of therapy.
I accept and assume full responsibility for all of the risks and hazards associated with Participating on the Event, whether known or unknown, including, but not limited to, 1) injury, death, or loss of personal property and related expenses which I may suffer as a direct or indirect result of those inherent risks and dangers described in this Agreement as well as those not specifically described; and 2) any injury that I may cause to any other person or any damage that I may cause to the property of others, as a result of my negligence or wrongful conduct. I elect to Participate in the Event with full knowledge of all known or potential risks.
​
4. Participation. I understand that I may decline to participate in any of the Activities at any time. I agree that my participation in all, or any part, of the Activities is entirely at my own risk. Any actions or lack of actions that I undertake is done so solely by my choice and my responsibility and is neither the responsibility nor liability of AIB.
5. Release. In consideration of being able to Participate in the Event, I, for myself and my Heirs, release, hold harmless, and discharge AIB from all claims or causes of action, present or future, arising from physical, emotional, or psychological injury, death and/or property damage suffered by me or any other person, resulting directly or indirectly from my Participating on the Event and the associated Activities, including, without limitation, injury or damage caused in whole or in part by errors in judgment and/or any other negligence of AIB. I understand and accept that by signing this Agreement, I surrender all rights to make a claim or file a lawsuit against AIB for personal injury, property damage, wrongful death, product liability (including strict liability), breach of warranty or contract, or under any other legal theory unless the claim arises from the intentional wrongful act, recklessness, or gross negligence of AIB.
6. Nature of Release. This release, waiver, and indemnity Agreement is intended to be as broad and inclusive as permitted by law. If any portion of the Agreement is held invalid, the remainder of the Agreement will still continue in full legal force and effect.
7. Promise of Confidentiality. While participating in the Event, I will learn details of and experience how the Event and the Activities are conducted, in both oral and written form, which are proprietary and owned exclusively by AIB (the “Proprietary Information”). In addition, I may learn during the course of the Event information about other participants that is confidential (the “Confidential Information”). As an express condition of my participation in the Event, I agree that I will not reproduce, duplicate, or copy, in any form or manner, any Proprietary Information without the express written permission of AIB. I further agree that I will not disclose in any form or manner, written or oral, any Confidential Information that I learn as a result of my participation in the Event and Activities; I may, however, share my personal experience of the Event as long as I do not disclose any Confidential Information.
8. AIB Promise of Confidentiality. AIB agrees to maintain the confidentiality of Confidential Information as stated above, excepting only that if a child or other abuse is disclosed, those staff or participants who are required by state law to report such abuse are expected to act as required by law.
9. Photo Release. I understand that an individual photo and a group photo may be taken at this Event that will include my image, and I hereby consent to AIB’s use of any such photos for Event, educational, and marketing purposes without any further consent from me.
10. Mediation, Arbitration, Waiver of Right to Sue. I expressly agree that any claim or cause of action of any kind against AIB as a direct or indirect result of my participation in the Activities or Event must first be submitted to mediation by a neutral third party, preferably a mediator who practices regularly under the auspices of the courts of the state where the AIB Area facilitating the Event is located. If after two (2) sessions or through agreement of the parties, it is determined that mediation is unsuccessful, the matter must then be submitted for a final and binding arbitration of my claims. Any such arbitration will be held in Florida, and Florida substantive law will apply in all such proceedings without regard to choice of law principles. I agree that any resulting arbitration award is final and binding upon both AIB and upon me and my Heirs, and by executing this Agreement, I am expressly waiving any and all rights to litigate any such claim in any state or federal court. Any cause of action to enforce any arbitration award or any cause of action brought against AIB, notwithstanding the waivers contained in this Agreement, must be brought in a court of competent jurisdiction in the state where the AIB Area facilitating the Event is located and Florida substantive law will apply. Any arbitrator chosen pursuant to this paragraph will be chosen from a list or lists supplied by the American Arbitration Association (“AAA”) applying AAA rules, the Federal Mediation and Conciliation Service, or from any other mutually agreeable source.
11. Agreement Controlling. This release contains the entire agreement between AIB and me and supersedes any and all other agreements or representations, written or oral.