Retreat Waiver and Release and Assumption of Risk Agreement
In consideration of me being permitted to participate in any way in InkWell Academic Writing Retreats (“InkWell”) writing retreats (“Services”), I agree as follows:
I HAVE READ THIS RELEASE, FULLY UNDERSTAND IT’S TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY REGISTERING FOR THIS RETREAT AND HAVE REGISTERED FOR THIS RETREAT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
- I acknoweldge that I have read, understand and agree to be bound by all of the terms and conditions of this release, as well as all other applicable rules, policies, terms and conditions related to the Services, that may be established by InkWell from time to time and the foregoing shall be incorporated herein by reference.
- I understand the nature of the Services and believe I am qualified to participate in the Services. I further acknowledge that I am aware the Services will be conducted in facilities that may be open to the public. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Services.
- I acknowledge and agree that InkWell retains all rights, title, interest and ownership, of and all intellectual property rights with respect to the Services. I understand that InkWell may provide materials to me solely for my personal and individual use, including but not limited to information, notes, recordings, chats, analyses, courses, studies, videos, books, presentational materials and other aids, procedures, frameworks, techniques, operating methods, know-how, processes, formulas, source and object codes, data, improvements, plans, modifications, and/or derivative works and any other information which could reasonably be expected to benefit competitors of InkWell (collectively, “Pre-Existing Materials”). I further understand that the Pre-Existing Materials that I receive are confidential and proprietary to InkWell, and shall not be sold, loaned, rented, given away, distributed, advertised for sale on the ‘Internet’ and/or through any other medium, and/or exploited in any manner, and the commercial use, reproduction, transmission or distribution of any Pre-Existing Materials available through the Services without the prior written consent of InkWell is strictly prohibited.
- I agree not to tape-record, video-record, transmit, photograph, and/or otherwise reproduce the course and/or any and all courses provided through the Service, without first receiving InkWell’s prior written consent.
- I hereby authorize InkWell to use, reuse, and to grant others the right to use and reuse, without any further compensation to me, my name, photograph, likeness (including caricature), voice and related information and any reproduction or simulation thereof, in any and all media now known or hereafter developed (including, without limitation, film, video and digital or other electronic media), in perpetuity, in a customary and commercially reasonable manner for marketing, promotional and other purposes reasonably related to InkWell’s business, in the good faith judgment of InkWell as to each such use. I hereby waive any right that I may have to inspect or approve the finished product and advertising copy or other matter that may be used in connection with them or the use to which they may be applied.
- I agree not to assertor maintain against InkWell any claim, action, suit or demand of any kind or nature whatsoever, including but not limited to, those grounded upon invasion of privacy, rights or publicity or other civil rights, or for any other reason in connection with InkWell’s authorized use of my likeness and sound as herein provided. I agree to hereby release and discharge InkWell from any and all liability, demands, actions, causes of action(s), costs and expenses whatsoever, at law or in equity, known or unknown, anticipated or unanticipated, which InkWell ever had, now have, or may, or shall hereafter have by reason, matter and/or cause arising out of InkWell’s use as herein provided.
- I FULLY UNDERSTAND that: (a) InkWell Services may involve certain risks (“Risks”); (b) these Risks and dangers may be caused by my own actions, or inaction’s, the actions or inaction’s of others participating in the Services, the condition in which the Services takes place, or the negigence of the Releasees (as defined below); (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of my participation in the Services.
- I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS InkWell, their respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the Services takes place (each considered one of the “Releasees” herein) from all liability, claims, demands, losses, or damages (i) on my account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise, (ii) breach of the terms and/or conditions of this release, (ii) any damage or injury to the person or property of others caused by me while participating in the Services, (iii) my failure to use the Services and/or Pre-Existing Materials in accordance with the terms and conditions set forth herein. I further agree that if, despite this release, I, or anyone on my behalf makes a claim against any of the Releasees named above, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
I HAVE READ THIS RELEASE, FULLY UNDERSTAND IT’S TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY REGISTERING FOR THIS RETREAT AND HAVE REGISTERED FOR THIS RETREAT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.