THE UNCHURCH PARTICIPANT ACKNOWLEDGMENT AND ASSUMATION OF RISKS AND LIABILITY RELEASE AND INDEMNITY AGREEMENT, INCLUDING COVID ACKNOWLEDGEMENT AND CONSENT
This Participant Acknowledgement and Assumption of Risks and Liability Release and Indemnity Agreement (“Release”) is voluntarily entered into between the undersigned individual (“Releasor”) and The UnChurch, an Iowa Non-Profit Religious Corporation, (“THE UNCHURCH”). This Release is intended to cover all activities by Releasor at events of THE UNCHURCH and held in the following state ______________ or elsewhere (hereinafter, “Ceremony Site”). The Release is effective as of the date signed below.
Releasor acknowledges and accepts that events and activities available at Ceremony Site include but are not limited to activities such as 1st Amendment religious activities also protected by the federal Religious Freedom Restoration Act and the Iowa Constitution, including but not limited to sacred plant or animal medicine ceremonies, partaking of Rapé or Kambô cleanse, transformational workshops, yoga, sweat lodges, meditation, healing sound workshops, group healing sessions, hiking, camping, and other activities (collectively, “Activities”).
Releasor further understands and acknowledges that the Activities to be undertaken or performed by Releasor may involve risks to Releasor including, but not limited, to: (i) risks inherent in the nature of the Activities, including related to the ingestion of religious plant sacraments; (ii) variable outdoor conditions and terrain; (iii) dehydration; (iv) contact with unpredictable wildlife; (v) exposure to extreme temperatures and different weather and climate conditions; (vi) open fires; (vii) risks caused or complicated by any mental, physical or emotions conditions any Releasor may have, (viii) physical contact with other participants or other individuals, (ix) other natural or man-made hazards, and, (x) extended
periods of physical exertion. It is impossible to know or list every risk associated with every activity. Risks will ultimately depend on the Activities undertaken by Releasor.
Releasor acknowledges that participating in Activities involves inherent risks and other risks, hazards, and dangers including some not listed above that can cause or lead to death, injury, illness, property damage, mental or emotional trauma, or disability. Activities may take place several hours from any medical facility or where communication, transportation, or evacuation is subject to delay.
Releasor agrees to indemnify and hold THE UNCHURCH harmless for any action by any third-party participant in the Activities, including any potential misjudgment or nonprotected activity by the third-party participant, that may cause physical injury, illness, property damage or death, whether or not such risk is set forth herein.
Being fully informed as to these risks and in consideration of the access to Ceremony Site provided by THE UNCHURCH, Releasor shall forever release, indemnify, and hold harmless THE UNCHURCH from any damage, liability, or costs including court costs and reasonable attorneys’ fees arising from Releasor’s access to Ceremony Site.
Releasor covenants not to sue THE UNCHURCH, or any of its principals or agents, and waives anyright of recovery, whether known or unknown, that Releasor may have to bring a claim or a lawsuit against THE UNCHURCH for any personal injury, death, damage to personal property or other injury arising from Releasor’s access to Ceremony Site, whether arising from a theory of negligence, latent defect, Releasor’s status as licensee or invitee to Ceremony Site, or any other theory in law or equity.
This Release shall inure to and bind the members of Releasor’s family, spouse, heirs, assigns, attorneys and personal representatives. This Release shall be constructed in accordance with the laws of the State of Iowa and that any mediation, suit, or other proceeding must be filed or entered into only in Iowa.
Releasor hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during the Activities. The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
Releasor understands the COVID-19 virus has a long incubation period during which carriers of the virus may not show symptoms yet are still highly contagious. It is impossible to determine who has COVID-19 and who does not given the current limitations and availability in COVID-19 viral testing. Releasor understands that due to the nature of this ceremonial event, the characteristics of the virus, and the characteristics of our shared space, that they have an elevated risk of contracting the virus. Releasor acknowledges that there is no reasonable method to social distance at this event and have been given the opportunity to withdraw from participation at any time. Releasor confirms that they have not tested positive for COVID-19 in the last 30 days and that they are not presenting with any of symptoms of COVID-19. Releasor confirms that they have not knowingly been in close contact with someone who has tested positive for COVID-19 or had COVID-19 symptoms in the last 14 days. Releasor voluntarily assumes any and all medical risks, including the substantial and significant risk of serious harm, if any, which
may be associated with any phase of this event and as a result of the COVID-19
pandemic.
Releasor acknowledges that he or she has read this Release fully and understands it, including its binding legal consequences, intends to be bound by this Release, and is signing this Release freely and voluntarily.