Release and Waiver of Liability

The undersigned has requested authorization from Mesquite Wellness Limited Liability Company, a Texas limited liability company (“Mesquite Wellness”) to enter onto Windy S. Ranch “the Ranch” located at 3758 County Road 121, San Saba, Texas 76877 (“Premises”) to attend a wellness retreat (the “Retreat”). In the course of attending the Retreat, the undersigned is authorized to enter onto the Premises during the Retreat to participate in the Retreat and the Retreat Activities.

1.      The Retreat Activities. As part of the undersigned’s Retreat experience with Mesquite Wellness, the undersigned may participate in wellness, exercise, and yoga classes, sessions, events, workshops and more, all of which may involve but are not limited to the following activities,

a.       Stretching and flexibility training in the form of poses, body weight and strength exercises, hip openers, shoulder stretches, deep twists and lateral stretches, breath work, meditation, and relaxation;

b.      Hiking, walking, or running on rough and challenging terrain; and

c.       Riding in recreational vehicles over rough and challenging terrain, collectively (“Activities”).

2.      Inherent Risks. The undersigned understands that participation in the Activities may pose inherent risks, some more serious than others. These risks can result in serious harm and injuries including death.

a.       Risks of physical injury may include but are not limited to things like muscle tears, strains, and other musculoskeletal injuries, sprains, fractures, broken bones, cardiovascular complications, high blood pressure, dehydration, dizziness, fainting, head injuries, concussions or concussion symptoms and PTSD. 

b.      There is also a risk of exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and the use of shared space, surfaces, or equipment. 

c.       If the undersigned is pregnant or post-natal, as with any physical activity, there are additional risks to the health to the undersigned and to an unborn child, including but not limited to pregnancy loss, low birth weight, early delivery and postpartum complications. 

d.      If the Activities are being performed outdoors, there are additional risks such as tripping or collision with human or natural elements, sun exposure, dehydration, insects, snakes, wild animals, exposure to infections, diseases, pollutants, and other environmental factors. The undersigned understands and agrees it is the undersigned’s responsibility to ensure a safe space and environment to perform the Activities.

e.       This release of liability is not limited in any way to these risks. The risks listed above are only examples.

In consideration of the undersigned being permitted by Mesquite Wellness to enter onto the Premises to participate in the Retreat, the undersigned:

1.         ACKNOWLEDGES, AGREES, AND REPRESENTS that they will be entering the Premises for the sole purpose of attending the Retreat, and that but for their agreement to execute this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement, they are prohibited from entering and being on the Premises and conducting any activities on the Premises.

2.         CONSENTS that emergency medical assistance might be necessary, provided or available on the Premises, but acknowledges and understands that no such care may be available.

3.         AFFIRMS that the undersigned is in good health necessary to engage in the Activities. If the undersigned has any pre-existing medical conditions (e.g., asthma, diabetes, heart disease), physical injuries, weakness, or are pregnant, post-natal or post-surgery, the undersigned agrees to consult with a doctor before engaging in the Activities.

4.         HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE FOR ALL TIME Mesquite Wellness Limited Liability Company, Windy S. Ranch, Jon Surman and Brandi Surman, the Retreat host and each of its assigns or affiliates, associations, and/or owners, and each of them, their shareholders, members, directors, officers, agents, representatives and employees (collectively, “Releasees”), FOR ANY AND ALL LIABILITY TO THE UNDERSIGNED, his/her/its personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREOF ON ACCOUNT OF INJURY TO THE PERSON, PROPERTY, OR RESULTING IN LOSS, INJURY OR DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE UNDERSIGNED ATTENDING THE RETREAT AND PARTICIPATING IN RETREAT ACTIVIES ON THE PREMISES;

3.         HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS RELEASEES FROM ANY LOSS, LIABILITY, DAMAGE, OR COST, including attorney’s fees and costs, that may incur arising out of or related to the UNDERSIGNED ATTENDING THE RETREAT AND PARTICIPATING IN THE RETREAT AND RETREAT ACTIVITIES ON THE PREMISES;

4.         HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the undersigned ATTENDING THE RETREAT AND PARTICIPATING IN REREAT ACTIVITIES ON THE PREMISES; and

5.         HEREBY AGREES that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees and is intended to be as broad and inclusive as is permitted by the laws of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

Participant

Print: ________________________________________________

Sign: ________________________________________________

Date: ________________________________________________