By purchasing a ticket to any Cornflower event, or organized by Cornflower, LLC, and in consideration of being permitted to participate in any way in any Cornflower activity described below, you agree to the following terms:
As a voluntary participant of a Cornflower event, you have the opportunity to participate in a variety of activities, hereinafter referred to as “Activity or “Activities.”
Activities may include, but are not limited to, dancing, yoga, walking, running, and otherwise participating in or attending the event and staying on the Property. Activities may include touching from other participants.
THESE TERMS APPLY TO YOUR ACTIVE PARTICIPATION IN ACTIVITIES DURING ANY Cornflower event, AS WELL AS YOUR OBSERVATION OF, TRAVEL TO AND FROM, AND ACTION OR INACTION RELATED TO THE ACTIVITIES WHEN ON THE PROPERTY.
Release and Waiver of Liability
I, FOR MYSELF AND MY HEIRS, PERSONAL REPRESENTATIVES, AND ASSIGNS, DO HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Cornflower, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, DIRECTORS, VOLUNTEERS, AND AGENTS (“RELEASEES”), FROM ANY AND ALL CLAIMS, INCLUDING THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE AND/OR STRICT LIABILITY OF RELEASEES, RESULTING IN ANY PHYSICAL OR PSYCHOLOGICAL INJURY (INCLUDING DEATH), ILLNESS, PROPERTY LOSS, DAMAGES, COSTS, INCLUDING LEGAL FEES, AND/OR ECONOMIC OR EMOTIONAL LOSS WHICH OCCURS TO ANY PERSONAL PROPERTY OR PERSON, INCLUDING MYSELF, WHILE ON THE PROPERTY OR ARISING FROM, BUT NOT LIMITED TO, PARTICIPATION IN ANY ACTIVITY, INCLUDING MY OBSERVATION OF, TRAVEL TO OR FROM, AND ACTION OR INACTION RELATED TO AN ACTIVITY.
Assumption of Risk & Participant’s Warranty
My presence on the Property is voluntary, as is my participation in any Activity. I am aware that travel to/from the Property, participation in any Activity, and being present on the Property carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary and may include, but are not limited to: 1) minor injuries such as scratches, bruises, and sprains; 2) major injuries such as eye injury, joint or back injury, injury to bone and/or soft tissue, heart attacks, concussions, pain, suffering, and emotional harm or damage; 3) catastrophic injuries including paralysis and death; 4) damage to my property; and 5) bodily contact by other participants and/or instructors in certain Activities. I understand that these injuries or outcomes may arise from Cornflower’s, my own, or another’s sole, joint, or concurrent actions, inaction, negligence, or strict liability; conditions related to travel; conditions inherent in the location of the Property; and/or the condition of the Property.
I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in or may occur when participating in a Cornflower event, including traveling to and from the Activity, being at the Property, and participating in any Activity. I hereby assert that my presence and participation in such an event is voluntary and that I assume all such risks, both known and unknown to me, foreseeable or unforeseeable.
I warrant that I know of no medical, physical, or psychological reason why I should not participate in the Activities, or I am assuming such risks and holding Cornflower harmless from any injury or damages that may occur, regardless of whether Cornflower knew or should have known of my medical, physical, or psychological conditions. I understand that I should not participate in some and/or all of the Activities if I am not healthy and/or physically or mentally able to do so safely. I understand that I must comply with all rules and regulations of Cornflower.
LIMITATION OF LIABILITY
I ALSO AGREE THAT IN NO EVENT WILL THE RELEASEES BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED GREATER THAN ONE THOUSAND DOLLARS ($1,000) OR TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR MY PARTICIPATION IN Cornflower ACTIVITIES, AND/OR EVENTS.
I agree to indemnify and hold Releasees harmless from any and all claims, actions, suits, procedures, costs, expenses, damages, settlements, and liabilities, including attorney’s fees or damage to my person or personal property, as allowable by law and brought by any person, that may occur as a result of my presence at the Property and/or participation in an Activity, including travel to and from the Property. Should Cornflower incur any of these types of expenses, I agree to fully reimburse Cornflower. If I need medical treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry health insurance for myself.
Dispute Resolution- Mediation and Arbitration
If there is a legal dispute with Cornflower that cannot be settled through discussions between the parties, I agree to first attempt to settle the dispute through mediation before a mutually acceptable mediator. To the extent mediation does not result in a resolution, the dispute shall be resolved by binding arbitration conducted in accordance with the rules of the American Arbitration Association in San Francisco County, CA, applying California law. Reasonable discovery shall be permitted. I agree to pay all costs and attorney’s fees incurred by Cornflower in defending a claim or suit, if the claim or suit is withdrawn or if the arbitration determines that Cornflower is not responsible for the injury or loss.
Entire Agreement, Governing Law, Severability
I agree that these terms constitute the entire agreement between the parties and that I have not relied on any representations or inducements apart from the terms herein. I further expressly agree that the foregoing terms are intended to be as broad and inclusive as is permitted by the laws of the State of California, and that if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.
I am 18 years old or older. I have read all of the provisions of these terms and understand the legal consequences of signing this document, including but not limited to 1) releasing Releasees from all liability, 2) promising not to sue Releasees, and 3) assuming all risks of being on the Property and/or participating in an Activity, including travel to and from the Property and/or Activity.
I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this document freely and voluntarily, I am capable of executing this Release and Waiver of Liability, Assumption of Risk & Indemnity Agreement, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. No other representations concerning the legal effect of this document have been made to me.