In exchange for the services provided to me by The North East Men’s Alliance (NEMA), Inc., a Massachusetts corporation, their agents, employees, officers, volunteers, and contractors, and any person or organization associated with them and their activities (collectively “NEMA”), I, for myself and anyone who may act on my behalf, (hereinafter referred to collectively as “I, my personal representatives, and my heirs” or “my personal representative and heirs”) agree to and acknowledge the following:
1. Risks I am voluntarily participating in a program of personal growth and training for men (the “Training”) sponsored and operated by NEMA, the name, date, and location of which are given in October 13-15, 2023. The Training will involve a variety of activities, including, but not limited to, strenuous, vigorous and challenging physical, mental, emotional and intellectual activities conducted indoors and outdoors during day and night (the “Activities”). The same elements which contribute to the unique character of the Training and the associated Activities can cause loss or damage to personal property, accidental injury, illness, or, in extreme cases, permanent trauma, disability, or death.
NEMA, as a matter of integrity and accountability, wants me to know in advance of the inherent or potential risks of the Training and the associated Activities. I understand that NEMA will take reasonable steps to seek to provide a safe environment. However, I also understand that certain risks are inherent in the Training and cannot be eliminated without destroying the unique character of the Training and the Activities.
The risks discussed above include, but are not limited to:
✔ exposure to fire or heat from natural or manmade causes, such as a fire circle, a fireplace, Sweat Lodge Ceremonies, that could cause hot steam, burns, dehydration, and fainting. If you have a medical condition that might be aggravated by high heat, discuss it with the lodge leader, before you decided to enter the lodge.
✔ risks associated with outdoor physical activities (such as walking or running on uneven ground) including slips and falls, bruises, sprains, lacerations, fractures, and concussions;
✔ contact with plants, animals, snakes or insects that could cause stings, bites, allergies, or disease;
✔ exposure to cold, wet weather, and to other unpredictable forces of nature;
✔ exposure to the conduct of other Training participants;
✔ damage to property owned by me or by others;
✔ the failure or malfunction of equipment;
✔ inherent risks associated with being in a remote location, distant from medical facilities, where evacuation and medical care could be delayed;
✔ risks associated with traveling by land or air to and from the Training site or to and from a site of emergency medical care
I understand that this list is not complete and that other unknown or unanticipated risks may result in property loss, serious injury, illness, or death.
2. Medical Information. I attest that I do not have any medical, physical, mental, or emotional condition which prevents me from safely participating in the Training and Activities. I also understand that I am solely responsible for my health and welfare with respect to any medical, physical, mental, or emotional condition, whether disclosed or undisclosed, and will take all reasonable precautions that may be necessary for my safe participation. If I have or suspect that I may have any condition that may pose any danger to others, I will immediately and fully disclose this condition to the Training leaders.
3. Assumption of Risk I understand and agree that NEMA is not and cannot be a guarantor or insurer of my safety or well-being. I agree to act with reasonable care for my well-being and the well-being of all other people and property around me during the Training and the Activities. I also understand that swimming pools or other bodies of water that could be used for swimming may be present at the locations where the Training is held and that swimming is not a part of the Training experience. I understand that NEMA has not inspected and makes no warranty regarding the condition of those pools or other bodies of water and provides no lifeguards. I agree that if I will not swim or otherwise enter Plantain Pond or other those bodies of water.
I accept and assume full responsibility for all of the risks and hazards associated with participation in the Training, whether known or unknown, including, but not limited to, 1) injury, death, or loss of personal property and related expenses which I may suffer as a direct or indirect result of those inherent risks and dangers described in this Agreement as well as those not specifically described; and 2) any injury that I may cause to any other person or any damage that I may cause to the property of others, as a result of my negligence or wrongful conduct. I elect to participate in the Training with full knowledge of all known or potential risks.
4. Voluntary Participation. I confirm that my participation in any and all Activities is purely voluntary, and that I may decline to participate in any of the Activities at any time.
5. Release. In consideration of being able to participate in the Training, I, for myself and personal representative(s) and my heirs, release and discharge NEMA from all claims or causes of action, present or future, arising from physical, emotional, or psychological injury, death and/or property damage suffered by me or any other person, resulting directly or indirectly from my participation in the Training and the associated Activities, including, without limitation, injury or damage caused in whole or in part by errors in judgment and/or any other negligence of NEMA.
I understand and accept that by agreeing this Agreement, I surrender all rights to make a claim or file a lawsuit against NEMA for personal injury, property damage, wrongful death, products liability (including strict liability), breach of warranty or contract, or under any other legal theory, unless the claim arises from the intentional wrongful act, recklessness, or gross negligence of NEMA.
6. Nature of Release. This release, waiver, and indemnity Agreement is intended to be as broad and inclusive as permitted by the laws of the Commonwealth of Massachusetts. If any portion of the Agreement is held invalid, the remainder of the Agreement will still continue in full legal force and effect.
7. Health and Liability Insurance. I affirm that I have adequate health and/or other insurance to cover any injury or damage I may cause or suffer while participating in the Activities, or that I am financially able and agree to bear the costs of such injury or damage to myself, property, or others.
8. Medical Authorization. I hereby authorize NEMA to obtain any reasonably necessary emergency, surgical, or other medical care for me, including hospitalization, if I am unable to do so myself. I understand that NEMA is under no obligation relating to my medical care and is not responsible for ensuring the presence of any medical professionals at the Training. In the event that any representative, volunteer, affiliate or agent of Involuntarily administers emergency medical care to me, I hereby release such individual(s) from any and all liability with respect to such emergency medical care
9. Mediation, Arbitration, Waiver of Right to Sue. I expressly agree that any claim or cause of action of any kind against NEMA as a direct or indirect result of my participation in the Activities or Training, must first be submitted to mediation by a neutral third party, preferably a mediator who practices regularly under the auspices of the courts of the Commonwealth of Massachusetts. If after four (4) sessions, mediation is unsuccessful, the matter must then be submitted for a final and binding arbitration of my claims. Any such arbitration will be held in the Commonwealth of Massachusetts and Massachusetts substantive law will apply in all such proceedings without regard to choice of law principles. I agree that any resulting arbitration award is final and binding upon both NEMA and upon me, my personal representative(s) and my heirs, and by executing this Agreement I am expressly waiving any and all rights to litigate any such claim in any state or federal court. Any cause of action to enforce any arbitration award or any cause of action brought against NEMA notwithstanding the waivers contained in this Agreement must be brought in a court of competent jurisdiction in the Commonwealth of 4 Massachusetts, and Massachusetts substantive law will apply. Any arbitrator chosen pursuant to this paragraph will be chosen from a list or lists supplied by the American Arbitration Association (“AAA”), with AAA rules to apply, and/or the Federal Mediation and Conciliation
Service, or from any other mutually agreeable source.
10. Agreement Controlling. This release contains the entire agreement between NEMA and me, and supersedes any and all other agreements or representations, written or oral.
I understand fully that by agreeing to this Agreement, I waive my legal rights both to assert certain claims against NEMA and to sue or otherwise assert any claims in a court of law. I agree that any dispute between NEMA and me, or anyone representing me, or otherwise arising out of my participation in the Activities and the Training, must be submitted to final and binding arbitration. I fully understand the consequences of this waiver and acknowledge that I have had ample opportunity to ask questions regarding this Agreement. I have read the Agreement in its entirety, I understand the content and implications of the document, I agree to this Agreement freely and voluntarily, and I agree to be legally bound by all of the terms and conditions of this Agreement.
