Active Culture Family Liability Waiver
Workshops and classes (herein referred to as “The Activities”) will be held at Elder Farm, herein referred to as “The Property” by Active Culture Family or its division Bridge Temple (referred to herein as ACF.)
1. Dangerous Conditions
I understand that I have willingly agreed to participate in a multidimensional, natural learning environment where I may be challenged physically and emotionally as a result of my engaging the offerings. ACF is not responsible for dangerous conditions that may arise as a result of either man-made conditions and/or naturally occurring conditions, and that not all dangerous conditions will be readily apparent, nor marked as dangerous, nor made safe prior to my use and enjoyment of the Property and the Activities. These inherent risks include but are not limited to trips, burns, collisions with other participants and inanimate objects, unknown or hidden facility hazards, natural hazards, uneven and dangerous terrain, wildlife, insect bites, careless behavior by me or other participants, errors in judgment by ACF and/or property owners, directors, employees, representatives, agents, contractors or volunteers, and injuries caused by negligence on the part of ACF or its owners, directors, employees, representatives, agents, contractors or volunteers, me, or other participants. Possible injuries include everything from minor muscle soreness, bruises, sprains, abrasions, and lacerations, to more serious injuries such as sprained ankles, broken bones, knee injuries, shoulder injuries, back sprains, neck sprains, internal injuries to major organs, closed head injuries, and chipped or broken teeth, as well as catastrophic injuries such as permanent disabilities, spinal injuries, paralysis, and even death.
2. Medical Advice
The Activities essentially provides a space where persons can share ideas, information and skills with others and learn and grow together. I understand that ALL activities are simply offerings, and I am under no obligation to partake in anything that I am not comfortable with for any reason. Furthermore, it is my own responsibility to check in with a qualified health care professional with any questions I may have about whether or not to participate in any of the activities, and to seek professional advice regarding participation in any herbalism based activities or culinary offerings. ACF claims no responsibility or liability for any of the activities, and I hereby release ACF, Elder Farm, Bridge Temple, and all of the Released Parties for any discomfort, hardship, or injuries that I may sustain relating to any of the Activities or offerings.
3. Assumption of Risk
I expressly and voluntarily assume all risk while participating in the Activities or in any aspect of the Activities, whether or not caused by negligence of ACF, Elder Farm and any of its owners, directors, employees, representatives, agents, contractors or volunteers (collectively, the “Released Parties”). I understand that my use and enjoyment of the Property and the Activities involves inherent risks, both those described herein and other risks, that are serious and that may involve dangers regardless of the care taken by ACF or the Released Parties. I realize my use and enjoyment of the Property and participation in the Activities require some degree of skill, coordination, and physical fitness. I have read the previous paragraphs and I know the nature of the Property and the Activities, understand the demands to be placed upon me relative to my physical condition and skill level, and appreciate the types of injuries that can occur as a result of such activities. I hereby assert that my participation in the use and enjoyment of the Property and the Activities is voluntary and that I knowingly assume all inherent risks of the Property and the Activities, both those described herein and others presently unknown.
4. Release and Waiver of Liability
I release and discharge the Released Parties from any and all liability, claims, demands or causes of action that I may hereafter have for any injuries, damages or death arising out of my participation in the Activities and use of the Property. I do hereby release, waive, discharge, and covenant not to sue the Released Parties and hold them harmless from liability for any and all claims arising from my use and enjoyment of the Property and the Activities, including any injury resulting from the ordinary negligence of the Released Parties.
I further agree to hold harmless, defend and indemnify the Released Parties from any judgment, costs, damages, including investigation costs, attorneys’ fees, expert fees, and related trial, litigation, arbitration, and/or mediation costs and expenses, relating to any and all claims made against ACF or any of the Released Parties relating to any conduct by me during the Activities and on the Property.
6. Press Policy
I understand that, in order to ensure that participants feel that their privacy during Activities is protected, and to ensure a full and open interchange of ideas among participants, I agree that I will not post writings about my fellow apprentices or their stories or experiences. This is good practice for life in general, to tell your own story in your own words.
I agree to obtain prior written permission from ACF before including content pertaining to any experiences therein in articles in magazines, books, video interviews, etc.
I agree that if I breach this agreement concerning our Press policy, quantifying damages arising from my breach is inherently difficult since the impact on participants’ privacy and the impact on ACF’s ability to attract participants due to the lack of privacy is difficult to estimate as of the date of agreeing to these Terms and Conditions and may be difficult for ACF to demonstrate at trial, and agree that in the event of such a breach I will owe to ACF the sum of Twenty Five Thousand Dollars ($25,000) as liquidated damages (the “Liquidated Damages Amount”), and I agree that such sum is not a penalty, but rather a reasonable measure of damages, based upon the parties’ experience and given the nature of the losses that may result from the lessening of privacy at the Gathering. ACF and I intend that my payment of the Liquidated Damages Amount would serve to compensate ACF for any breach by me of my obligations under our Press policy, and we do not intend for it to serve as punishment for any such breach. In the event any action or proceeding is initiated concerning a breach of this Press policy, the prevailing party shall recover his, her or its reasonable attorneys’ fees and costs.
For clarity, posting to personal social media pages regarding your personal experiences as educational storytelling, taking care to use quotes and tag appropriate parties and giving credit where credit is due is allowed and in fact can be quite valuable to the long term sustainability of our endeavor. Posting to blogs of companies that you are affiliated with or employed by but not the owner, or including writing or photos from our program in magazines or blogs other than your personal page is prohibited. If your personal and business account are merged, simply take care to not use our photos, quotes, or teachings for posts promoting your own goods or services. If in doubt about whether or not an intended post is honoring or appropriate, just ask! We are always available for open dialogue concerning ethics of sharing.
By entering the Activites, I, and all participants, agree to the following terms, conditions, and guidelines for the use of any imagery obtained at during the apprenticeship, including still photographs and videos (hereinafter “ACF Imagery”). ACF monitors dissemination of participant related Imagery to ensure that Imagery is not used for any purpose other than “Personal Use,” and are not used for any other purpose, including without limitation, for advertising or commercial purposes. Participants may use Apprenticeship Imagery only for “Personal Use,” defined to include: (1) sharing with friends and family; (2) displaying on personal websites (as long as the placement on the website does not in any way suggest these images in association with your own products or services, and does not purport or appear to be an official website of the apprenticeship) and (3) displaying on personal accounts, on photosharing and social networking websites, such as Instagram and Facebook (as long as the display of the ACF Imagery on these sites is not commercial or promotional in any manner and the account is not affiliated with any commercial enterprise. I understand and accept that I may not make use of apprenticeship imagery without prior written permission from ACF other than personal use (as defined above). I understand that I have no right to sell, transfer, license, or sublicense my ACF Imagery to any other party and I agree to inform anyone to whom I give any ACF Imagery that it can only be used for Personal Use. I understand that I may not use or allow to be used any ACF Imagery in any media article, newspaper article, video, blog, advertisement or promotional materials, except with the prior written consent of ACF. I understand that if I record ACF Imagery with the intention to utilize it for non-personal use, I will be trespassing, and that trespassers have no rights to any use of ACF Imagery, and ACF reserves the right to take any necessary action against trespassers.
a) ACF forbids any use (other than Personal Use) of ACF Imagery that contains nudity or partial nudity without the express written permission of ALL of the subjects. Violations or suspected problems of this nature should be reported to ACF. I agree not post or license any ACF Imagery that contains any nudity or partial nudity (including any imagery in which bare breasts, bare buttocks, genitals, or genital areas are visible); and (3) if ACF notifies me that any such images must be removed, for any reason whatsoever in ACF’S sole discretion, I will promptly remove or cause to be removed those images. I grant to ACF the right, as my agent-in-fact, and under my authority: (1) to revoke any Creative Commons license that was erroneously placed on apprenticeship Imagery in violation of these Terms and Conditions and (2) to cause the removal of such apprenticeship Imagery on any webpage on which it is displayed. I understand that use of the Creative Commons’ licenses approved herein does not supersede these Terms and Conditions.
9. Model Release
ACF does record certain events or programs, using authorized photographers. When you enter a ACF event or program, you enter an area where photography, audio, and video recording by ACF may occur. By entering the Property and attending the apprenticeship, you hereby assign to ACF the irrevocable and unrestricted right to use and publish, display, exhibit or reproduce photographs or recordings in which you may be included for editorial, trade, advertising, educational and any other purpose and in any manner or medium that ACF designates and to alter the same without restriction. I release all claim to profits that may arise from use of any images. I agree to release ACF, its officers, agents, representatives and employees, and each and all persons involved, from any liability connected with ACF’S’ taking, recording, digitizing, publication and use of interviews, photographs, video and/or or sound recordings at the Activities. (Your name and all identifying features will be removed from any audio recordings to preserve privacy. Your words and stories will not be displayed publicly without your written permission.)
10. Medical Waiver and Release
Participants at the Activities may seek first aid services. I understand that during the Activities, first aid services may first discuss plant-based medicine, and may also explore pharmaceutical or western medicine options; and that during the provision of any first aid services, the personnel may measure blood pressure, look at the tongue, feel the pulse, or ask to see an afflicted area. I understand that the personnel providing first aid services may not be medical doctors, and will make suggestions only. I assume all responsibility for the decisions I make concerning my health care or in response to suggestions for first aid by personnel, recognizing that (a) no claims are made about herbal medicine, lifestyle changes, nutritional, dietary recommendations to treat or cure any medical condition, (b) there is no applied or stated guarantee of success or effectiveness of any specific plan or treatment, and (c) I am free to act on or disregard the recommendations of wellness or first aid personnel at the Activities. I consent to have medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during the Activities, and I authorize ACF, and its designated agents to administer emergency first aid, CPR, use any necessary medical devices, and secure emergency medical care or transportation, if deemed necessary by ACF or its designated agent, and I agree to be responsible for the payment for all costs of emergency medical care and transportation. I hereby release ACF, the Released Parties and any and all persons participating in the provision of wellness, first aid or any medical treatment to me at the Activities from any responsibility or liability relating to access to first aid, providing suggestions to me concerning first aid, for my decisions about what type of wellness, first aid or medical aid to use, and for any emergency first aid that is provided to me.
11. Refund Policy
My commitment to completion is important. Many of our staff and materials are paid for up front. Because of this, I understand that 10 (ten) days prior to the Activities, there will be no refunds for any reason.
12. Force Majeure
ACF intends for us to meet and experience each other and the realities of the natural world rain or shine. However, I agree that ACF is not liable for acts of God, the whether, strikes, protests, or actions taken by government agencies and similar causes, which may interfere with the Activities. I understand that tuition is non refundable even if the Activities is terminated early or canceled, or entry conditions are modified, due to harsh weather, acts of nature, governmental regulation, the failure to obtain required governmental permits, or other conditions beyond ACF’s control.
13. Arbitration, Mediation and Dispute Resolution
If a dispute arises out of or relates to the apprenticeship and/or these Terms and Conditions or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. If a party fails to respond to a written request for mediation within 30 days after service or fails to participate in any scheduled mediation conference, that party shall be deemed to have waived its right to mediate the issues in dispute. If the mediation does not result in settlement of the dispute within 30 days after the initial mediation conference or if a party has waived its right to mediate any issues in dispute, then any unresolved controversy or claim arising out of or relating to the Gathering or these Terms and Conditions or breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, before one arbitrator, in San Diego, California. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The venue for any mediation or arbitration shall be San Diego, California, and only the substantive laws of the State of California shall apply.
14. Acknowledgements and Additional Agreements
I acknowledge and/or agree as follows:
• I possess sufficient physical fitness and coordination to enable safe use and enjoyment of the Property and its Activities.
• I assume the risk of all of my medical conditions (e.g. asthma, diabetes, anaphylaxis, epilepsy, heart disease, allergies, sensitivities, or high blood pressure).
• ACF encourages me to get medical clearance prior to use and enjoyment of the Property.
• I will cease use of the Property if there is discomfort such as faintness, shortness of breath, high anxiety, or chest pains.
• I agree to abide by all safety-related rules while using and enjoying the Property and the and to attempt only such use as I feel capable of performing safely.
• I agree to inform ACF or its designated agent immediately if I observe or conduct a condition that endangers others.
• I understand the importance of rules and agree to follow all instructions, guidance, and warnings given by ACF and its duly authorized representatives.
• I acknowledge that ACF has the authority to terminate my participation in the Activities if it is deemed a danger to others or me.
I confirm that these rules, liability waiver, and indemnification provisions supersede any and all previous, oral or written promises, or agreements regarding the subject matter hereof (including any statements made on the ACF website) and understand that this is the entire agreement between me and the Released Parties as to the subject matter hereof and cannot be modified or changed in any way except in a writing signed by an authorized representative of ACF. I expressly agree that the foregoing rules, liability waiver, and indemnification provisions are intended to be as broad and inclusive as is permitted by the laws of the State of California and that if a portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect. I agree that by accepting the terms of these Terms and Conditions (by clicking upon the “Accept”, “Agree”, “Yes”, or similarly identified button, as the case may be), my act of accepting thereby shall confirm that I have read and understand these Terms and Conditions, and that I agree to all of its terms, to the same extent as if I read a paper copy of these Terms and Conditions and placed my signature on such paper copy with my own hand.