Flourish Release Waiver

This is a legally-binding General Release, Indemnification, Waiver, Assumption of Risk, Discharge and Covenant Not to Sue (“Release”) made by me (the “Participant”), to Palm Beach Atlantic University, Inc. (“PBA”).The Participant fully recognizes that there are dangers and risks to which the Participant may be exposed by participating in the following: Activity: Flourish Women’s Retreat 2020 Date(s): February 7-8th, 2020. The Participant understands that PBA does not require the Participant to participate in this activity, but the Participant wants to do so, despite the possible dangers and risks and herein grant this Release as a condition to his or her participation. The Participant, individually and on behalf of his or her heirs, executors, administrators, and assigns, therefore agrees to assume and take on all the risks and responsibilities in any way associated with this activity. In consideration of being permitted to participate in the activity, the Participant, on behalf of his or her heirs, executors, administrators, and assigns, release, waive, forever discharge, and covenant not to sue PBA, its Board of Trustees, officers, agents, faculty, staff, employees, and any students acting as employees ("Releasees"), from and against any and all liability or claims (of any nature) for any harm, injury, damage, claims, demands, actions, causes of action, costs, and expenses of any nature which the Participant may have or which may hereafter accrue to the Participant, arising out of or related to any loss, damage, or injury, including but not limited to injury, suffering and death, that may be sustained by the Participant or by any property belonging to, or the responsibility of, the Participant, whether caused by the negligence, carelessness, mistake or failure to supervise of the Releasees or any Third Parties, as defined below, or otherwise, while the Participant is participating in or while in, on, upon, or in transit to or from the premises where the activity, or any adjunct to the activity, occurs or is being conducted. The Participant further, on behalf of his or her heirs, executors, administrators, and assigns, agrees to indemnify and hold harmless Releasees from and against any and all liability or claims (of any nature) for any harm, injury, damage, claims, demands, actions, causes of action, costs, and expenses of any nature that may result from his or her negligent, careless, mistaken, grossly negligent or intentional act or omission while the Participant is participating in the activity or while in, on, upon, or in transit to or from the premises where the activity, or any adjunct to the activity, occurs or is being conducted. The Participant understands that the Participant is responsible for the payment of all transportation arrangements and housing accommodations. The Participant understands that PBA in no way represents, or acts as agent for any third parties connected with this activity, such as, the transportation carriers, hotels, and other suppliers of services (“Third Parties”). The Participant further understands and agrees that Releasees are: 1) not responsible or liable for any injury, damage, loss, accident, delay or other irregularity which may be caused by the defect of any vehicle, craft or other form of transportation involved in this activity; 2) not responsible for losses or expenses due to sickness, weather, strikes, hostilities, wars, natural disasters, or other such causes; and 3) not responsible for any disruption of travel arrangements, or any consequent additional expenses that may be incurred therefrom. THE PARTICIPANT RECOGNIZES THAT THIS RELEASE MEANS THE PARTICIPANT IS GIVING UP,AMONG OTHER THINGS, RIGHTS TO SUE RELEASEES FOR INJURIES, DAMAGES, OR LOSSES THEPARTICIPANT MAY INCUR AND IT OBLIGATES THE PARTICIPANT TO INDEMNIFY THE RELEASEESFOR ANY LIABILITY OR INJURY OR DEATH OF ANY PERSONS AND DAMAGE TO PROPERTY CAUSED BY THE PARTICIPANT. THE PARTICIPANT ALSO UNDERSTANDS THAT THIS RELEASE BINDS THEPARTICIPANTS HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, AS WELL AS THEPARTICIPANT. The Participant is aware of the Participants expected conduct while participating in the activity. The Participant assures PBA that the Participant will act in the appropriate manner at all times during the activity commensurate with the principals of conduct set forth in the Navigator or Evening, Graduate & Professional Student Handbook, as applicable and amended from time to time. Such conduct shall include time when in the company of PBA representatives and other participants and when the Participant may be physically separated from such individuals. The Participant understands that during designated free time before, during and after the period of this activity, The Participant may elect to travel independently and/or engage in recreational activities not associated with the activity (collectively, a “Non-PBA Sponsored Activity”). The Participant, individually, and on behalf of his or her heirs, executors, administrators, and assigns, therefore agrees to assume and take on all the risks and responsibilities in any way associated with a Non-PBA Sponsored Activity, which include, but are not limited to, infection, and infectious diseases, bacteria, death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage and serious injury to all bones, joints, muscles, internal organs or other parts or portions of the body. In addition, the Participant agrees to release, hold harmless and indemnify the Releasees from and against any and all liability or claims (of any nature) for any harm, loss, injury, damage, claims, demands, actions, causes of action, costs, and expenses of any nature which the Participant may have or which may hereafter accrue to the Participant, arising out of or related to any loss, theft, damage, or injury, including but not limited to injury, suffering and death, that may be sustained by the Participant or by any property belonging to, or the responsibility of, the Participant, whether caused by the Participant’s negligent, careless, mistaken, grossly negligent or intentional act or omission while the Participant is participating in a Non-PBA Sponsored Activity or by the negligence, carelessness, mistake, failure to supervise, gross negligence or intentional act or omission of any third party, or otherwise, while the Participant is participating in a Non-PBA Sponsored Activity or while in, on, upon, or in transit to or from the premises where a Non-PBA Sponsored Activity, or any adjunct to a Non-PBA Sponsored Activity, occurs or is being conducted. If any term or provision of this Release shall be held illegal, unenforceable, or in conflict with any law governing this Release the validity of the remaining portions shall not be affected thereby. This Release shall be governed by the laws of the State of Florida, regardless of any law pertaining to choice of law. All disputes arising under this Release shall be submitted to mandatory and binding arbitration in West Palm Beach, Florida and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. While mandatory arbitration is the agreed forum for resolving all disputes related to this Release, in the event of an attempt by one of the parties to file any suit, civil action or legal proceeding in state or federal court concerning, in any manner, the subject matter of this Release, the parties agree that any such suit, civil action or legal proceeding shall be brought in the courts of record of the State of Florida in Palm Beach County, or the United States District Court, Southern District of Florida, West Palm Beach Division. The foregoing venue selection clause does not constitute, and shall not be asserted as, a waiver of mandatory arbitration. In the event that any party to this Release shall commence any arbitration, suit, civil action or legal proceeding to interpret or enforce this Release, the prevailing party in such action shall be entitled to recover that party's costs and expenses incurred in connection with the arbitration, suit, civil action or legal proceeding, including attorney fees and costs of appeal, if any. This Release represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings and representations (if any) made by and between such parties. The Participant has read this entire Release. The Participant has been given an opportunity to obtain the advice of an attorney and other advisor of the Participant’s choosing prior to execution of this Release. The Participant fully understands the Release and the Participant agrees to be legally bound by it. The Participant certifies that the Participant is at least 18 (eighteen) years of age or older and fully competent and that the Participant is not 18 (eighteen) years of age or older and fully competent, that the Participant has obtained the signature and consent of his or her parent or legal guardian. THIS IS A RELEASE OF YOUR RIGHTS. READ CAREFULLY BEFORE SIGNING.