Company: Michelle Money, LLC, 12180 S. 300 E. #1590, Draper, Utah, 84020
Retreat: Money Talks Nashville Retreat Dates: June 14, 2018 – June 17, 2018
Participant: Attached in Retreat registration form.
I hereby agree to the following conditions and waive the following rights in connection with the Retreat and agree to abide by the Retreat Code of Conduct, attached hereto and incorporated by reference. The terms of my participation in the retreat are as follows:
I ACKNOWLEDGE AND UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I AM EXPRESSLY WAIVING CERTAIN LEGAL RIGHTS THAT I WOULD OTHERWISE HAVE AGAINST COMPANY AND ANY OF THE OTHER RELEASED PARTIES, THAT I AM VOLUNTARILY PARTICIPATING IN THIS RETREAT AND RELATED ACTIVITIES WITH FULL KNOWLEDGE, APPRECIATION AND UNDERSTANDING OF THE PERSONAL RISKS INVOLVED, AND THAT I AM AGREEING TO ACCEPT ANY AND ALL RISKS OF PARTICIPATING IN THE RETREAT.
1. Background Check and Release of Medical Information/Emergency Medical Care.
(a) I understand that upon execution of this Agreement, or at any time during my participation in the Retreat, Company may conduct an investigation of my medical and/or psychological status, criminal history (if any) and/or my personal and/or professional background.
(b) In case of an emergency, I authorize Company to arrange for or provide such medical assistance to me as it determines is necessary. I also authorize any licensed physician, health care personnel and/or medical facility to provide any medical care and/or hospitalization of me, including anesthetics, which such licensed physician, health care personnel and/or medical facility determines necessary or advisable. I authorize any reasonably necessary care by paramedics.
NOTWITHSTANDING SECTION 1(b) ABOVE, I ACKNOWLEDGE AND UNDERSTAND THAT COMPANY WILL NOT PROVIDE MEDICAL OR PSYCHOLOGICAL CARE OR COUNSELING TO ME THROUGHOUT THE DURATION OF THE RETREAT.
(a) Parties. I acknowledge and understand that it is of the essence to this Agreement, and I hereby agree on behalf of myself, my heirs, next of kin, spouse, guardians, legal representatives, employees, executors, administrators, agents, successors and assigns (collectively, the “Releasing Parties”), that I and the other Releasing Parties do hereby unconditionally and irrevocably release and forever discharge Company and each of the other participants in the Retreat, any and all Assignees, each one of them and each Assignee’s respective affiliates, licensees, successors and assigns, and the officers, director, employees, contractors, partners, shareholders, representatives, members and agents of all of the forgoing (collectively, the “Released Parties”) from and against any and all claims, demands, liens, agreements, contracts, actions, suits, costs, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (collectively, the “Released Claims”) in any way directly or indirectly related to or arising directly or indirectly out of the Retreat, including, without limitation: (i) my decision to participate the Retreat including, without limitation, claims for any physical or mental injury, illness, damage, lost opportunity, loss or harm to me my property, or my death, and any and all claims, demands, damages, costs, expenses and causes of action that I and the other Releasing Parties may now or hereafter have or suffer due to or in any way arising out of any act or omission of any Released Party; and/or (ii) my own actions, decisions and statements and/or the actions, decisions and statements of Michelle Money or other participants in the Retreat; and/or (iii) any loss or damage to my property. The Released Claims shall include, but not be limited to, those based on negligence of any of the Released Parties, Company or any of the other participants in the Retreat, products liability, breach of contract, breach of any statutory or other duty of care owed under applicable laws, libel, slander, defamation, invasion of privacy, right of publicity or personality, misappropriation, intentional infliction of emotional distress, negligent infliction of emotional distress. I and the other Releasing Parties hereby unconditionally and irrevocably agree that neither I nor the other Releasing Parties will sue or make any claim against Company and any of the participants in the Retreat or the Released Parties with respect to the Released Claims.
Unknown Facts. I, on behalf of myself and the other Releasing Parties acknowledge that there is a possibility that subsequent to the execution of this Agreement, I or they will discover facts or incur or suffer claims which were unknown or unsuspected at the time this Agreement was executed, and which if known by me or them at that time may have materially affected my or their decision to execute this Agreement. I and the other Releasing Parties acknowledge and agree that by reason of this Agreement, and the release contained in the preceding subsections, I, on behalf of myself and the other Releasing Parties, am assuming any risk of such unknown facts and such unknown and unsuspected claims. I and the other Releasing Parties have been advised of the existence of Section 1542 of the California Civil Code (does California code protect us even though Michelle’s business is based in Utah?), which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT 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.”
Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. I and the other Releasing Parties knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release, and without such waiver I would not have been permitted to become a participant in the Retreat. I, on behalf of myself and the other Releasing Parties, hereby represent that I and they have been advised by my and/or their legal counsel, acknowledge and understand the significance and consequence of this release and of this specific waiver of Section 1542 and other such laws.
(c) Health of Other Participants. I understand that during the Retreat I may be residing in close quarters with other participants in the Retreat. Company hereby informs me, and I acknowledge and accept, that the other participants in the Retreat have not been screened for any diseases, sicknesses or other health conditions, and I assume all risks of interacting with the other participants, including any consensual intimate contact that I may enter into. My release of liability in this section 2 specifically includes release of liability for any disease or medical condition that I may contract as a result of my participation in the Retreat.
(d) Actions of Other Participants. Although participants are instructed to refrain from all forms of violence and intimidation, I understand and acknowledge that during the Retreat, I will be in close physical proximity to other participants who may act unpredictably, including without limitation exhibiting physical or verbal aggression toward me or other participants. I expressly assume the risk of any physical or emotional injuries I may suffer as a result of my participation in the Retreat.
I acknowledge and understand that Michelle Money has no medical degrees, is not a licensed therapist and that any advice she offers is purely her personal opinion, furthermore, it is at my sole discretion whether or not to take such advice and I hereby release Company from all liability relating to such advice.
3. Further Documents. I agree to execute such further documents and instruments and do any acts or deeds as any Assignee may reasonably request in order to evidence, effectuate or enforce the terms, intents and purposes of this Agreement and/or any of Assignee’s rights hereunder (including, without limitation, as required to effectuate any investigation contemplated by Section 1.a above). Without limiting the generalities of the foregoing, I expressly agree to execute any additional release, consents or other documents required by Company; and in the event that I fail or am unable promptly to execute any such documents or instruments, I hereby irrevocably appoint Assignee as my attorney-in-fact to execute and file any such documents or instruments or do any such acts or deeds, provided that said documents, instruments, acts and deeds shall not be inconsistent with the terms and conditions of the Agreement. Assignee’s rights under this Section 3 constitute a power coupled with an interest and are irrevocable.
4. Termination. Company shall have the right to terminate my participation in the Retreat if it determines, in its sole and absolute discretion that it desires to terminate my participation in connection with the Retreat for any reason. In addition, Company may immediately terminate me for any potentially illegal behavior and/or violation of any of the Retreat Code of Conduct, including, but not limited to, drug use or assault. No termination pursuant to this section will affect any of the rights granted or assigned by me or any of the covenants, agreements, waivers, releases or indemnities made by me in this Agreement’ and shall not permit me to a refund of any money I paid to attend the Retreat.
5. Representations/ Warranties/Indemnification.
(a) Representation and Warranties: I hereby represent and warrant and agree that (i) I am an adult over 18 years old; (ii) I have full right, power and authority to enter into this Agreement; (iii) I have not entered into any other agreement, nor have I done or will I do any act or thing which in any way prevents, hampers or conflicts or interferes with any rights granted by me hereunder (iv) I will cooperate with Company and will take steps reasonably requested by Company to evidence, effectuate or protect Company’s rights hereunder; (v) I will not bring nor will I permit my acquaintances to bring any illegal drugs, weapons or other illicit items to the Retreat nor will I engage in or permit my acquaintances to engage in, any illegal activities; nor will I use, consume or partake in any illegal drug usage or activity during the Retreat; (vi) I agree to refrain at all times from all forms of threats or violence against, nonconsensual contact with and/or intimidation of other persons involved with the Retreat, other participants, and any employees, agents, independent contractors, or other representatives of Company; and (vii) I agree not to damage any property used or visited by me in connection with the Retreat, whether exterior or interior, and any other furnishings, items or other things located in or around such property in any way.
(b) Indemnification. I and the other Releasing Parties unconditionally and irrevocably agree to defend, indemnify and hold harmless each of the Released Parties from and against any and all claims, demands, liens, agreements, contracts, actions, suits, costs, attorneys' fees, damages, judgments, orders and liabilities of any kind or nature in law, equity or otherwise, by whomever asserted, arising out of or in connection with: (a) my breach or alleged breach of any agreement, covenant, representation or warranty in this Agreement; (b) my participation in or removal from the Retreat or activities associated with the Retreat, including, without limitation, the Released Claims; or (c) the malfeasance and/or negligence and/or other tortious acts or omissions committed by me, and/or any agent, employee, guest or invitee of mine. In the event of any claim or service of process upon any of the Released Parties involving the indemnification set forth above, Company or such other of the Released Parties shall notify me of the claim. The Released Parties may elect to take such action on behalf of themselves and/or as attorney-in-fact for me to adjust, settle, defend or otherwise dispose of such claim, in which case I shall, upon being billed therefor, reimburse each of the applicable Released Parties in the amount thereof.
6. Miscellaneous. This Agreement contains the entire understanding between the parties, and supersedes all prior negotiations, understandings and agreements (whether written or oral) of the parties hereto relating to the subject matter herein, and this Agreement cannot be changed or terminated except by a writing signed by both Company and me. I acknowledge that I have not relied upon any statement or representation, express or implied, of any Assignee (or any employee or agent of any Assignee) other than as specifically and explicitly set forth herein in agreeing to and entering into this Agreement. This Agreement and all related matters shall be governed by the laws of the State of California applicable to contracts executed and performed entirely therein, without regard to the conflict of laws principles thereof, and the parties hereby consent to the personal jurisdiction of any state or federal court located in Salt Lake City, and the state of Utah. No waiver of any breach of or default under any provision hereof shall be deemed a waiver of such provision, or of any subsequent breach or default. In the event that any provision hereof shall be invalid or unenforceable due to any law, said provision shall be modified to the minimum extent necessary to effect compliance with such law, and in any event such invalidity or unenforceability shall have no effect upon the remaining terms and condition hereof. The section headings have been inserted herein for the purpose of convenience only and shall not be used in interpreting this Agreement.
When agreed by me by selecting the agree box, the foregoing shall constitute a binding and enforceable Agreement between us.
RETREAT CODE OF CONDUCT:
No drugs or illegal substances or use thereof will be tolerated at any time or place during the entire Retreat. Penalty is immediate dismissal.
No firearms or weapons of any sort are to be possessed or brought to any location by any Participant or any Invitee at any time during the Retreat.
No physical violence will be tolerated.
Participants may not negligently or willfully damage any location or any of the personal property of Company or any of the other Participants.
Participants will be responsible for providing their own food, drink, clothing and personal items, except as otherwise agreed.
All Participants must abide by the rules outlined herein.
Participants must obey all local, state and federal laws and regulations, and accept full responsibility for their behavior and actions and will not be protected by Company from any violation of law.
Company may, at any time and in its sole discretion, remove Participants for any reason, including by way of example if it determines, in its sole discretion, that Participant is not mentally or physically fit to continue in the Retreat or Money Talks or if it determines that Participant is disruptive to the Retreat or any of the other Participants.
Enforcement of the rules shall be at Company's sole discretion. Company’s failure to enforce the rules on one occasion, or in connection with a particular Participant, shall not preclude Company from enforcing the rules on another occasion or with respect to a different Participant.
Participants have the right, and the duty, to report to the Company any breach of safety, or any behavior or circumstances that they believe might endanger anyone on at the Retreat, or the presence of any illegal drug.
Company may give further instructions to Participants in connection with the Retreat Code of Conduct at any time, whether in writing or orally, and Participant shall be bound thereby.
Participants are prohibited from entering Michelle Money’s bedroom and bathroom at the Retreat.
Participants may be removed from the Retreat in the sole discretion of Company, including, without limitation, for any of the following reasons (as determined by Company in its sole discretion):
In the case of any Participant causing harm to a location, herself, any other Participant or any personal property of any other person or entity.
In the case of ill health or other health related matters.
In the case of the impeding of the work of Company.
In the case of willful misconduct or unlawful conduct (as determined by Company in its sole discretion), including, but not limited to, stealing or misappropriating property, harming other Participants, acts of violence, etc.
Violating any rule relating to the Retreat or any instruction of Company.