CONTRACTUAL ASSUMPTION
ACKNOWLEDGEMENT OF RISKS AND LIABILITY WAIVER AND RELEASE AGREEMENT
Wilderness Waiver
ChoZen Retreat is a wilderness eco-retreat that has inherent dangers to humans such as venomous snakes, poisonous plants, and animals such as alligators, bobcats, wild boar, and other dangers that could pose a threat to you. Please be advised that you come to ChoZen Retreat at your own risk and assume full responsibility for your health, safety, and well-being.
Activities Waiver
ChoZen Retreat offers a wide variety of Activities including excursions, yoga classes, spa services, nature tours, kayak tours, cacao rituals, and ecstatic dance (the “Activities”). You may participate in these activities during your visit. In consideration for participating in any Activity, you hereby represent, warrant, and agree as follows:
You understand that you should consult your physician or other health care professional before starting any Activity to determine if it is right for you. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start any Activity if your physician or health care provider advises against it. If you experience faintness, dizziness, pain, or shortness of breath at any time while exercising you should stop immediately and ask for assistance.
You understand that any information provided to you during any Activity is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. The use of any information provided is solely at your own risk.
You are fully aware that participation in an Activity involves risks of physical injury, serious physical injury, or death, and you accept all the risks of participating. No warranties or representations have been made to you about any Activity that are not stated here.
You represent and warrant that you are in proper physical condition to participate in the Activity and that you are aware that it is advisable to consult a physician prior to participating in the Activity.
You represent and warrant that you understand your physical limitations and are sufficiently self-aware to stop physical activity before becoming ill or injured.
If the Activity occurs outdoors, the streets adjourning the area of the Activity may be open to regular vehicular traffic during the Activity and you agree that you will obey all traffic laws and regulations.
You agree that you will notify staff immediately of any pain and/or major discomfort felt during an Activity, but also understand that there is no obligation for any person to provide you with medical care during the Activity. You understand and acknowledge that: (a) there may be no aid stations available for the Activity; and (b) if medical care is rendered to you, you consent to that care if you are unable to give your consent for any reason at the time the care is rendered.
You agree to accept full responsibility for any product, equipment, or device lent to you as part of participation in an Activity and commit to return the same in good working order.
Boat Tour Waiver
You may participate in boat tours during your visit at ChoZen Retreat. You fully acknowledge that some, but not all of the risks of participating in the boat tour include (1) wind shear, inclement weather, lightning, and variances and extremes of wind, weather, and temperature; (2) collision, capsizing sinking, or other hazard which could result In wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into body orifices, and/or drowning; (3) the presence of insects and marine life forms; (4) equipment failure, operator error, transportation accidents; (5) heat or sun related injuries or Illness, including sunburn, sunstroke, and dehydration; (6) fatigue, chill, and/or dizziness, which may diminish your reaction time and increase the risk of an accident; and (7) slippery decks when wet.
By participating in a boat tour you acknowledge and agree that you understand the risks and represent and warrant that you are physically/mentally able to participate in the boat tour.
COVID-19 Waiver
Because ChoZen Retreat is open for use by other individuals, you recognize that you are at higher risk of contracting COVID-19, a coronavirus, and/or any other viral illness. With full awareness and appreciation of the risks involved, you (for yourself and on behalf of your family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives) expressly agree to forever release, waive, discharge, and covenant not to sue ChoZen, from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, illness or injury, including death, that you may sustain related to COVID-19, whether caused by the negligence of ChoZen staff, any third-party located on ChoZen Retreat property, or otherwise, while participating in any activity while in, on, or around ChoZen Retreat and/or while using any ChoZen Retreat facilities, amenities, equipment, or materials. Furthermore, you agree to comply with all ChoZen policies and rules, including but not limited to all policies, guidelines, signage, and instructions.
Pool Waiver
At no time is there a lifeguard on duty at the pool. You (the guest) are responsible for the safe operation of the pool and for all persons using the pool during your stay. Your use of the pool facilities during your stay involves certain risks, including but not limited to: 1. The risk of injury resulting from possible malfunction of the pool equipment; 2. The risk of injuries resulting from tripping or falling over obstacles in the pool area; 3. The risk of injuries resulting from unsupervised pool users colliding; 4. The risk of other injuries resulting from participating in any action in the pool. You recognize and fully understand that the above list is not a complete or exhaustive list of all possible risks; the list only provides examples of types of risks that you are assuming.
General Release and Indemnification
By signing below, you declare that you have read the foregoing Wilderness Waiver, Activities Waiver, Boat Tour Wavier, COVID-19 Waiver and Pool Waiver. You, for yourself and for your heirs, next of kin, executors, administrators and assigns, hereby agree to, and hereby do, fully release ChoZen Retreat, LLC, Tony & Ximena Cho, and their respective employees, agents, instructors, independent contractors, representatives, members, managers and their affiliates (including but not limited to CHO GROUP, ChoZen Retreat, LLC, Cho MCD, LLC, CHO RE Holdings, LLC, Cho Ventures, LP, CHO BTR, LLC & FOC Manager, LLC, (sometimes also collectively referred to as the “Released Parties”) from any and all claims, demands, causes of action and/or any damage and/or injury of any manner and/or nature that may occur at ChoZen Retreat including, without limitation, as a result of wilderness dangers, your participation in any Activity, your participation in a boat tour, and/or your use of the pool (the “Claims”).
You agree not to sue any Released Party for any Claims, even if the Claims arise from the carelessness or negligence of any Released Party or anyone else. You further agree to indemnify and hold harmless each Released Party from any loss or liability (including any legal fees they may incur) defending any Claim made by you or anyone making a Claim on your behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.
In the event any suit is brought against any Released Party for any reason whatsoever, venue and jurisdiction shall lie exclusively in Miami-Dade County Florida, the parties waive forum non-conviens; the parties WAIVE THE RIGHT TO TRIAL BY JURY; and if any party or third-party beneficiary is required to enforce this Agreement, the prevailing party shall be entitled to all attorneys’ fees and costs.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Photo/Video Release
I hereby grant ChoZen Retreat permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration.
I understand and agree that all photos will become the property of ChoZen Retreat and will not be returned. I hereby irrevocably authorize ChoZen Retreat to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
I hereby hold harmless, release, and forever discharge ChoZen Retreat from all claims, demands, and causes of action, which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
Non-solicitation of Employees / Contractors
During the Restricted Period, Guest agrees that he will not, directly or indirectly, hire or attempt to hire or cause any business, other than an affiliate of the Company, to hire any person who is then or was at any time during the preceding six (6) months an employee of the Company and who is at the time of such hire or attempted hire, or was at the date of such employee’s separation from the Company.
During the Restricted Period, Guest agrees not to solicit, directly or indirectly, on his own behalf or on behalf of any other person(s), any client of the ChoZen Retreat to whom the Company had provided services at any time during the time spent with the Company Group in any line of business that the Company conducts as of the date of the employee’s or Independent Contractor’s termination of employment or that the Company Group is actively soliciting, for the purpose of marketing or providing any service competitive with any service then offered by the Company.
PLEASE BE AWARE: BY SIGNING THIS DOCUMENT YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ AND BE CERTAIN YOU UNDERSTAND THE IMPLICATIONS OF SIGNING THIS DOCUMENT.