Assumption of risk, waiver, release and indemnity agreement

PLEASE READ THIS DOCUMENT THOROUGHLY AND COMPLETELY.

1. CIVANA ACTIVITIES: Civana Wellness Resort & Spa offers health, athletic, wellness, classes and spa activities, and use of equipment ("CIVANA Activities") for the enjoyment of its guests and invitees. CIVANA Activities include, without limitation, yoga, hiking, horseback riding, bicycling, mountain biking, courses (including the ropes course and/or challenge course), boot camps, meditation, spin, archery, stretching, strength, specialty classes, spa treatments, and many other indoor and outdoor activities and permitted uses of CIVANA’s equipment.
2. SELF-EVALUATION OF FITNESS LEVEL: I understand, acknowledge, and agree that I am responsible for determining whether my current physical and mental health is capable of withstanding the demands of any and all CIVANA Activities in which I choose to participate. I understand, acknowledge, and agree that CIVANA does not pre-screen or evaluate my fitness level or quality of health to determine if I am fit to engage in any CIVANA Activities. I understand that the property and facilities owned and/or operated by CIVANA are not medical facilities and do not provide medical assessment, medical treatment, medical advice or clinical treatment/services. I understand, acknowledge, and agree that I should consult with a medical professional if I am unsure whether I am physically and mentally capable of participating in any CIVANA Activities, prior to my participation.
3. ASSUMPTION OF RISK: I understand that engaging in any CIVANA Activities offered or provided by Civana Carefree LLC, or any of the "Releasees" as defined below (collectively "CIVANA"), could present risk of physical or mental injuries to me or others, including permanent disability or death, or exposure to others suffering from an infectious and contagious condition, whether caused by me, or the negligence or gross negligence of others, including CIVANA or other invitees. In consideration of CIVANA allowing me to participate in CIVANA Activities, I knowingly assume any and all risk of injury, illness or death to myself associated with or arising from my participation in any and all CIVANA Activities. I understand the desert environment can be hazardous and present harm to me and others due to extreme heat, wild animals, snakes, scorpions, venomous spiders and other conditions, and that, without proper precautions, can cause illness, injury or death, and I assume any and all risk of CIVANA Activities caused by or arising from the desert environment and its conditions.
4. RELEASE: In further consideration of CIVANA allowing me to participate in CIVANA Activities, on behalf of myself, and my personal representatives, spouse, assigns, heirs, and next of kin, I hereby release, and hold harmless Civana Carefree LLC and Civana Management LLC and their respective affiliates, subsidiaries, officers, members, agents, employees and third party providers (the "Releasees") from any and all liability for any injury, illness, death, or property damage resulting from or during my participation in any CIVANA Activities.
5. INDEMNIFICATION AND HOLD HARMLESS: I understand that known and unknown risks which I assume may be caused in whole or in part by the actions or inactions of myself, by the actions or inactions of others, or by the acts or failure to act, including any type of negligence or gross negligence, of CIVANA, its employees or third party providers, and in consideration of being permitted to engage in CIVANA Activities, I assume all risk of damage, loss, personal injury, illness or death to myself or others. In further consideration of my participation in CIVANA Activities, I agree to indemnify and hold harmless CIVANA and its third party providers from and against any and all injuries, illnesses, losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by CIVANA or its third party providers as a result of my participation in CIVANA Activities. I further agree to indemnify and hold harmless CIVANA for any injury, damage and/or harm that I cause to CIVANA and/or to any and all other persons and entities.
6. INTERPRETATION/GOVERNING LAW: I expressly acknowledge and agree that the foregoing ASSUMPTION OF RISK, WAIVER, RELEASE AND INDEMNITY AGREEMENT is to be interpreted as broadly as possible as is permitted by Arizona law and if any portion thereof is held invalid, I agree the remainder shall continue in full legal force and legal effect. This Agreement is governed by Arizona law, and venue for any dispute arising out of this Agreement shall be resolved exclusively in Maricopa County, Arizona.
7. BINDING ARBITRATION: Any dispute, claim, or controversy, including tort claims, arising out of or related to this Agreement, or the validity of it, shall be determined (i) by a single arbitrator, (ii) in binding arbitration in accordance with the rules of the American Arbitration Association or other rules if the parties mutually agree, and (iii) the arbitration shall take place in Maricopa County, Arizona. Prior to initiating arbitration, the parties shall engage in good faith efforts to resolve this dispute by meeting in-person or virtually, or by private mediation if both parties agree.
8. ADDITIONAL POLICIES & FEES: I understand that class capacity is limited and in the event I do not wish to attend a class that I have signed up for, that the class must be cancelled by 5pm the day prior to the scheduled class. Should I no-show or cancel later than 5pm the prior day, a $15 no-show fee will be incurred per person, per complimentary class and for paid classes the full class price per person will be charged. Some specialty classes have an extended cancellation period of 48 hours.
9. NON-SMOKING FACILITY: As a wellness destination, this property is a non-smoking facility. Smoking fees up to $250 per day will be charged for smoking in the guest rooms. All areas indoors and outdoors on our facility are non-smoking.

By signing below, I acknowledge that I have carefully read and understand the above and that I am voluntarily entering into this Agreement in consideration of CIVANA permitting me to engage in CIVANA Activities. I knowingly and voluntarily sign this ASSUMPTION OF RISK, WAIVER, RELEASE AND INDEMNITY AGREEMENT. I understand and agree that this Agreement may not be modified or altered by any oral or written representations, statements or inducements.