High Adventure Dental Retreat Enrollment Agreement and Release
This High Adventure Dental Retreat Enrollment Agreement (the “Agreement”) is entered into between the person registering listed above (“you”), and Dental Buying Power LLC (“Dental Buying Power”). You are registering for the High Adventure Dental Retreat (including all meetings, lodging, food, and outdoor and related activities, collectively, the "Activity") organized by Dental Buying Power. You are consenting to the Activity and agree to pay Dental Buying Power all expenses and fees required in connection with the Activity (“Fees”). You acknowledge and agree that the Fees do not include additional costs you may decide to incur in connection with participating in the Activity.
You agree that Dental Buying Power has the right to set the Activity itinerary and other details, all of which are subject to change as determined by Dental Buying Power in its sole discretion.
To help ensure the safety and effectiveness of the Activity, Dental Buying Power reserves the right to discharge any Activity participant, or to limit their participation in any aspect of the Activity, for any reason at any time, as determined in Dental Buying Power’s sole discretion. Dental Buying Power will determine, in its sole discretion, whether to provide any refund (in whole or in part) in any such instance.
You give permission to Dental Buying Power to take photographs and visual/audio images and recordings of you as you participate in the Activity, for which you grant Dental Buying Power and its affiliates an irrevocable, fully-paid, worldwide, transferable right and license to publish, distribute and otherwise use for Dental Buying Power’s and its affiliates’ business purposes, including without limitation marketing and promotional purposes.
In consideration of permission granted by Dental Buying Power allowing you to participate in the Activity, you acknowledge and agree (to the maximum extent permitted by law) as follows:
You hereby voluntarily consent to participating in the Activity and all related activities. You acknowledge that the purpose of the Activity is to enhance your dental practice education while providing the opportunity for some outdoor recreation.
You acknowledge and agree that certain aspects of the Activity involve various inherent risks and may be hazardous to you. You recognize that your participation in the Activity will significantly increase various risks, including without limitation (a) risks to your health such as (i) short- and long-term physical pain, injury or disability, (ii) physical stress on your cardio-respiratory and/or musculoskeletal systems, (iii) asthma-related and other exercise-induced complications, (iv) allergy-related complications, and/or (v) emotional distress, and (b) other risks such as (i) injury to yourself caused by your own actions or omissions, (ii) injury to yourself caused by the actions or omissions of others, (iii) injury to other parties, (iv) the loss or theft of your personal property, and/or (v) your becoming lost. You recognize that these risks are impossible to eliminate fully even by implementation of all feasible safety measures and the most prudent and careful conduct on the part of Dental Buying Power.
You acknowledge and agree that before participating in the Activity, it is recommended that you first consult a physician or other qualified health care provider. You represent that either you have done (or will do) this or that you have voluntarily decided not to do so. You certify that you are physically and mentally fit to participate in all of the Activity and you agree to immediately notify Dental Buying Power in writing if this changes. You represent that you have no physical or medical condition, including without limitation any drug usage, allergies or exercise-induced conditions, that could restrict or limit your participation in the Activity or that could endanger yourself or others in connection with your participation in the Activity, and you agree to immediately notify Dental Buying Power in writing if this changes, in which case you will not be allowed to participate in the Activity.
You consent to medical treatment that is deemed advisable in the event of injury, accident or illness occurring in connection with your participation in the Activity. You agree to be solely responsible for any hospital, medical and/or treatment costs arising out of any personal injury sustained in connection with your participation in the Activity. You authorize Dental Buying Power to release medical or other personally identifying information about yourself to its employees, contractors and other agents, and other third parties, as deemed reasonably necessary by Dental Buying Power in connection with providing the Activity and related activities.
You agree that, immediately prior to participating in the Activity, you will inspect the facilities and equipment to be used and will not use any such facilities or equipment if any defect is apparent. You further agree that if you are not knowledgeable in the proper use of any of the facilities or equipment involved in the Activity, you will obtain proper instruction for the correct use of such facilities or equipment from a qualified individual before using such facilities or equipment.
YOU ACKNOWLEDGE THE PURPOSE OF THE ACTIVITY. YOU ACKNOWLEDGE THAT CERTAIN ASPECTS OF THE ACTIVITY ARE POTENTIALLY AND INHERENTLY DANGEROUS AND KNOWINGLY AND FREELY ASSUME ALL RISKS ASSOCIATED WITH ANY AND ALL ASPECTS OF THE ACTIVITY, INCLUDING WITHOUT LIMITATION ALL RISKS OF INJURY, DISABILITY, DEATH AND/OR DAMAGE OR LOSS OF PROPERTY, AND ALL THOSE RISKS SPECIFICALLY SET FORTH HEREIN, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE (INCLUDING SOLE NEGLIGENCE) OF THE RELEASED PARTIES (DEFINED BELOW) OR OTHER PARTIES, AND ASSUME FULL RESPONSIBILITY FOR YOUR PARTICIPATION IN ALL ASPECTS OF THE ACTIVITY.
YOU ACKNOWLEDGE AND AGREE THAT DENTAL BUYING POWER IS NOT REQUIRING OR REQUESTING THAT YOU REGISTER FOR OR PARTICIPATE IN THE ACTIVITY. YOUR REGISTRATION FOR AND PARTICIPATION IN THE ACTIVITY IS COMPLETELY OPTIONAL AND VOLUNTARY. YOU WILL USE YOUR BEST EFFORTS TO ENSURE THAT YOU DO NOT ENDANGER YOURSELF OR OTHERS WHILE PARTICIPATING IN THE ACTIVITY.
You, for your yourself and on behalf of your executors, administrators, heirs, next of kin, representatives, successors and assigns, and family members (collectively, the “Releasing Parties”), agree to protect, defend, hold harmless, and indemnify, and do release, remise and forever discharge, Dental Buying Power and Dental Buying Power’s successors, assigns, affiliates (including parent companies), present and former direct and indirect owners, employees, independent contractors, managers, trustees, consultants, board members, officers, directors, attorneys, agents and other representatives (collectively, the “Released Parties”), from and against any and all claims, actions, causes of action, proceedings, suits, costs, liabilities, damages, and expenses, whether known or unknown (including but not limited to all direct, special, incidental, exemplary, punitive, and consequential damages, losses of any kind and attorneys’ fees), and however caused, including without limitation by intentional, reckless, negligent or grossly negligent conduct (collectively, “Claims”), that are based upon, result from, and/or relate in any way to your registration for or participation in any aspect of the Activity, and/or any medical or other treatment you receive in connection therewith, including without limitation with respect to (a) the actions or omissions of any party accompanying you; (b) transportation to and from the Activity; (c) instructions given, rules of play, or the condition or utilization of any facilities or equipment with respect to the Activity; (d) any failure by you to completely and accurately provide any information requested by Dental Buying Power or any of the other Released Parties; (e) any misrepresentation or false statement made by you to Dental Buying Power or any of the other Released Parties; (f) your breach of any provision of this Agreement or any other agreement with Dental Buying Power or any of the other Released Parties; (g) any personal photograph(s), images of personal likeness or video/audio recordings of you taken or published by Dental Buying Power or any of the other Released Parties; and/or (h) the release or dissemination of your medical or other personally identifying information. Additionally, and without limiting the foregoing, you, for yourself and for all of the other Releasing Parties, waive any Claims any of you, whether individually or collectively, may now or in the future have against Dental Buying Power or any of the other Released Parties with respect to the matters released hereunder, and agree not to initiate or prosecute (or aid any other party in prosecuting) or continue any Claim of any kind whatsoever against any of the Released Parties in any court or otherwise with respect to the matters released hereunder, including but not limited to any Claim under any common law, whether in law or equity, or federal, state or local statute, ordinance or rule of law.
You acknowledge and agree that this Agreement is intended to be as broad and inclusive as is permitted by law and that if any portion hereof is held invalid, the balance shall continue in full legal force and effect. You acknowledge that you are familiar with the legal principle that provides that a general release does not extend to claims which the releasor does not know or suspect to exist in the releasor’s favor at the time of executing the release, which if known by the releasor must have materially affected his or her settlement with the releasee. You, being aware of said principle, hereby expressly waive any rights to this effect, as well as under any statute or common law principles of similar effect. Without limiting any other provision hereof, you acknowledge and agree that, by executing this Agreement, you are (a) forever releasing and agreeing to indemnify the Released Parties from and against (i) claims which might otherwise be brought against Dental Buying Power or the other Released Parties by you or by others on your behalf and (ii) any liability for any and all loss or damage, and any type of claim or demand therefore, on account of injury to any person or property arising out of or relating to the Activity, and (b) agreeing never to assert any insurance claim on any of Dental Buying Power’s or any other Released Parties’ insurance policies for or in connection with any such loss, liability or damage. Without limiting any other provision hereof, you further acknowledge and agree that Dental Buying Power does not assume any responsibility and shall not be liable for any damage to or loss of any of your personal property, merchandise or other belongings in connection with your participation in any aspect of the Activity, and you agree that you shall bear the entire risk of damage or loss to any such property and will not seek redress or indemnification from Dental Buying Power or any of the other Released Parties for any such damage or loss. Without limiting any other provision hereof, you accept full responsibility and agree to reimburse Dental Buying Power for any and all damage to or loss of all or any portion of the property of Dental Buying Power or any other party based on or arising from your actions or omissions or any actions or omissions of any party accompanying or associated with you.
You assume all responsibilities and all liabilities with respect to your registration for and participation in the Activity as set forth herein. You acknowledge and agree that your execution of this Agreement is a material inducement to Dental Buying Power permitting you to register for and participate in the Activity.
This Agreement constitutes the entire agreement between you and Dental Buying Power regarding the subject matter hereof. This Agreement supersedes all drafts and communications (including marketing materials and itineraries, which are subject to change) with respect to the Activity, whether occurring prior, with or after this Agreement.
You agree that any action arising under this Agreement will be brought only in a court of competent jurisdiction in the State of Utah (where Dental Buying Power’s parent company is located). This Agreement will be governed by the laws of the State of Utah (where Dental Buying Power’s parent company is located), without regard to its choice of laws rules. If any portion of this Agreement is held invalid, the balance will continue in full legal force and effect. In any action to interpret or enforce the terms of this Agreement, including without limitation to collect funds owed hereunder, the prevailing party will be entitled to recover its, his or her reasonable attorneys’ fees and out-of-pocket costs incurred in connection with such action. You may not assign your interest in this Agreement without the written consent of Dental Buying Power. This Agreement will inure to the benefit of and be binding upon the parties and their respective permitted successors and assigns. This Agreement will not be changed or modified in any manner, except by an instrument in writing executed by or on behalf of each of the parties. The failure of any party to enforce at any time any of the provisions of this Agreement will in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or the right of any party thereafter to enforce this Agreement. No waiver of any breach of this Agreement will be held to be a waiver of any other or subsequent breach. If the performance of any part of this Agreement by any party to this Agreement is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of such party, that party will be excused from such performance to the extent that such performance is prevented, hindered or delayed by such causes. The section and article headings contained in this Agreement are for reference purposes only and will not in any way affect the meaning or interpretation of this Agreement. The person agreeing to this Agreement represents and warrants that he/she is the person that will be participating in the Activity or that he/she has authority to bind such participant to this Agreement and is so binding such participant by agreeing to this Agreement electronically as set forth below. All words used in this Agreement will be construed to be of such number and gender as the context requires or permits. Digital or electronic signatures are effective and will be deemed original.
By clicking the box or circle below, you acknowledge and agree that you have read the foregoing Agreement, that you fully understand its terms, that you understand that you are giving up substantial rights by signing it, that you are signing it freely and voluntarily without any inducement, and that you agree to all of the terms and conditions of this Agreement, and will be deemed to have signed this Agreement electronically effective on the date you click (noted below), pursuant to the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001, et seq., and all applicable state statutes. Doing so constitutes an acknowledgement that you agree to conduct the transaction electronically, and are able to electronically receive, download and print this Agreement and related agreements. Once signed by you in the manner described above, this Agreement will be deemed accepted, agreed to and signed by Dental Buying Power as of the same date, and will be legally binding.