CONTRACTUAL ASSUMPTION OF
RISKS AND LIABILITY WAIVER AND RELEASE AGREEMENT
ACKNOWLEDGEMENT OF RISKS AND LIABILITY WAIVER AND RELEASE AGREEMENT
Preamble and Attestation
Welcome to ChoZen Retreat & CCRL. We are honored to host you in this special space. Before you participate, it is vital that you understand the terms of this legal agreement:
You are responsible for your own health and safety.
We operate in a natural wilderness preserve with inherent risks (wildlife, plants, physical activities).
By signing this document, you agree not to hold ChoZen Retreat & CCRL liable for injuries, illness, or damages.
You also agree to follow all community guidelines.
This waiver protects ChoZen Retreat & CCRL so we can continue our mission. Please read the full document carefully and sign below.
Section 1: Definitions and Applicability
This Agreement applies to every individual—including all Guests, Volunteers, Program Attendees, Visitors, Contractors and other persons—entering or utilizing the property and facilities of the ChoZen Retreat & CCRL.
The ChoZen Center for Regenerative Living, a 501(c)(3) not-for-profit organization focused on conservation, biodiversity protection, environmental education, local business, artisan incubation, acceleration, food security, and low-income senior care, is hereafter referred to as "CCRL" & ChoZen Retreat.
Section 2: Assumption of Environmental and Activity Risks
A. Environmental & Wildlife Risks (Liability Waiver)
ChoZen Retreat & CCRL is a wilderness eco-retreat dedicated to conservation. You acknowledge that the land has inherent natural dangers and assume all risks associated with:
Wildlife Encounters: Venomous snakes, poisonous plants (e.g., poison ivy/oak), alligators, bobcats, wild boar, and other dangers.
Pest and Insect Risks: Being stung by bees, wasps, hornets; being bitten by red ants, spiders; and exposure to airborne allergens.
All Guests, Volunteers, Contractors, and Attendees come to ChoZen Retreat & CCRL at their own risk and assume full responsibility for their health, safety, and well-being.
B. Activity Risks
ChoZen Retreat & CCRL offers various Activities, including excursions, physical fitness classes, spa services, nature tours, kayak tours, farm/garden work, cacao rituals, ecstatic dance, and boat tours (the “Activities”).
You acknowledge that participation involves the risks of physical injury, serious physical injury, or death, and you accept all risks, including, but not limited to:
Physical exertion, dehydration, heat exhaustion, or musculoskeletal strain.
Injuries from tools, equipment, or physical labor in the garden/farm.
Weather-related risks, including storms and lightning.
Injuries resulting from unforeseen incidents during tours, classes, or ceremonies.
C. Aquatic and Wellness Facilities Risks
At no time is there a lifeguard or supervisor on duty at the Pool, Spa, Jacuzzi, Cold Plunge, or Infrared Sauna. You are responsible for your own safety and that of all persons using these facilities.
You understand that use involves inherent risks, including but not limited to: slipping, falling, drowning, overheating, thermal shock, hypothermia, cardiac issues, burns, and adverse reactions.
Behavioral Restriction: You agree and confirm that no one may enter or utilize the Pool, Spa, Jacuzzi, Cold Plunge, or Infrared Sauna while under the influence of alcohol, intoxicated, heavily medicated, or otherwise impaired, as this significantly increases the risk of serious injury or death.
Section 3: Community Guidelines and Medical Acknowledgments
A. Community Guidelines
You agree to abide by the following community guidelines and behavioral requirements:
Substance Use: No alcohol, illegal drugs, or smoking is permitted on the property.
Respect: Respect all people, animals, and nature at ChoZen.
Communication: The Volunteer WhatsApp is for coordination and community use only, not personal promotion.
Conduct: Please keep the retreat atmosphere peaceful and regenerative.
B. Medical Acknowledgments (No Medical Advice)
You understand that any information provided is for educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.
You agree to follow staff directions during emergencies.
You consent to receiving basic first aid or emergency medical care if necessary, at your own expense.
C. COVID-19/Contagious Illness Acknowledgement
Because ChoZen Retreat & CCRL is open to the public, you recognize that there is an inherent risk of contracting COVID-19 or any other contagious illness. You acknowledge this risk and assume full responsibility for your health and safety related to any such illness.
Section 4: General Release, Indemnification, and Compliance
A. Release and Covenant Not to Sue (Florida Law Compliant)
By signing this Agreement, all Guests, Volunteers, Contractors, and Attendees declare that they have read the foregoing document. You, for yourself and for your heirs, next of kin, executors, administrators and assigns, hereby agree to, and hereby do, fully release ChoZen Retreat & CCRL, LLC and all related entities (collectively the “Released Parties”) from any and all claims, demands, and causes of action that may occur at ChoZen Retreat & CCRL (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.
B. Indemnification and Jurisdiction
You further agree to indemnify and hold harmless each Released Party from any loss or liability (including legal fees they may incur) defending any Claim made by you or anyone making a Claim on your behalf. The parties WAIVE THE RIGHT TO TRIAL BY JURY for any suit brought against any Released Party. Venue and jurisdiction shall lie exclusively in Miami-Dade County, Florida.
C. Non-Solicitation Clause
The Guest, Volunteer, Contractor, or Attendee agrees that he will not, directly or indirectly, hire or attempt to hire any person who is then or was at any time during the preceding six (6) months an employee or contractor of the Company, nor will they solicit any client of the ChoZen Retreat & CCRL for any competitive service.
D. Photo/Video Release
You grant ChoZen Retreat & CCRL permission to use your likeness in photos, videos, and other media for educational and promotional purposes.
I, for myself, my personal representatives, children, heirs and next of kin do HEREBY acknowledge that the Activities, boat tour, and use of the pool ARE POTENTIALLY DANGEROUS ACTIVITIES and involve the risk of serious injury and/or death and/or property damage.(required)
I hereby declare that I have read the foregoing document in its entirety (including the Wilderness Waiver, Activities Waiver, Boat Tour Wavier, COVID-19 Waiver, Pool Waiver, General Release and Indemnification, and the Photo/Video Release) and Non-Solicitation of Employees and Contractors and fully understand that I have given up substantial rights by signing it. I am aware of its legal consequences, and have signed it freely and voluntarily without inducement, assurance, or guarantee being made to me and intend my signature to be complete and unconditional release of all liability to the greatest extent allowed by law. I hereby declare that I am of legal age and am competent to sign this agreement or, if not, that my parent or legal guardian shall sign on my behalf, and that my guardian or parent is in complete understanding and concurrence with this agreement.(required)
For Minors Only (optional) As parent or guardian, I am signing this document on behalf of my minor child and agree to be specifically bound to all the terms and conditions of this agreement. I have read the agreement, fully understand the terms herein, understand that I have given up substantial rights by signing it, am aware of its legal consequences, and have signed this document freely and voluntarily without inducement, assurance or guarantee being made to me. I intend my signature to be complete and unconditional release of all liability to the greatest extent allowed by law and further agree to indemnify and save and hold harmless the Released Parties.