Retreat Agreement

Due to high demand, there will be no refunds after April 30th, 2024.

MBM, PC Retreat Agreement, Waiver of Liability & Release Agreement

In consideration of my participation in an MBM, PC retreat, any associated events and/or Activities (collectively referred to as “Retreat”), and the services of MBM, PC, its agents, owners, officers, volunteers, employees, independent contractors, sponsors, all other persons or entities acting in any capacity on its behalf, Ali Novitsky, MD, Mark Novitsky, and all successors and/or assigns (collectively referred to as “MBM”), I, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate (collectively referred to as “Participant” or “I”), hereby agree to the terms below and to release and discharge MBM as follows:

SECTION ONE

1. RETREAT: The MBM PC Retreat (“Retreat”) will take place September 12-15, 2024,  at Miraval Berkshires, 55 Lee Rd, Lenox, MA 01240. (“Venue”).
1. MBM reserves the right to postpone, cancel or move the location of the Retreat due to any event beyond its control which makes it illegal, impossible, or commercially impracticable to hold the retreat at the original time, date and/or location, or for any other reason within the sole discretion of MBM (“Cancellation”).
2. Participant is encouraged to purchase any airline ticket that can be flexible should the Retreat location be changed.
3. Participant shall hold MBM harmless and MBM shall not be held liable for any Participant damages arising from Cancellation, including associated room and travel damages, nor for delay or cancellation of any flights, train, buses, or other forms of transport.

• PAYMENT.

1. Due to high demand, there will be no refunds after April 30th. 2024. Participant understands that Participant is responsible for all payments, whether Participant attends or fully participates in the Retreat.
2. Credit Card Authorization. In the event Participant pays via credit card, Participant acknowledges that MBM will charge the credit card chosen by the Participant on the dates and for the amounts specified.
1. NO GUARANTEE. Participant acknowledges that MBM has not and does not make any representations as to a future outcome of any kind that may be derived as a result of the Retreat. In addition, MBM may provide the Participant with information relating to products or third-party recommendations for other services; however, any such recommendations are not endorsements and MBM shall not be held liable for services provided by any third-party to the Participant.
2. GUESTS: Participant assumes all risk of damage or injury to any individuals that Participant invites as guests at the Retreat, whether Participant is present or not at the time of damage or injury, and hereby agree to fully indemnify MBM against any claims for damages or injury suffered by said invited guests.
3. SOLICITATION: MBM Retreat sponsors pay fees to market their products and services to attendees. These fees directly contribute to the success of MBM, the Retreat, and the organization as a whole. Any individual or company attempting to take advantage of the Retreat without supporting it jeopardizes the integrity of MBM’s sponsorship program and the ability to provide resources to our members. Any event participant, not appropriately registered to solicit services, found soliciting business during an MBM Retreat will be required to either pay the prevailing sponsor fee as determined by MBM or leave the event immediately without receiving a refund.
4. HEALTH OF PARTICIPANT: Participation in the Retreat indicates Participant’s acknowledgment and agreement with, as well as warranty of, the following statements:
1. It is Participant’s responsibility to consult a physician before participating in this Retreat to ensure eligibility for strenuous physical activity and Participant affirms that they have no medical conditions that would restrict Participant from participating in physical activities.
2. Participant agrees that if they experience any pain or medical issues while attending the Retreat, they will contact their doctor immediately.
3. If Participant does require medical treatment or attention while or after participating in the Retreat, Participant authorizes MBM to provide to Participant, through medical personnel of MBM’s choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon MBM to provide such assistance, transportation, or services. Participant agrees that they alone are responsible for the payment of any medical costs and agrees to hold MBM blameless from any charges, fees, or costs that Participant’s conditions may incur.
4. PARTICIPANT ACKNOWLEDGES THAT ANY INJURIES THAT THEY MAY SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL.
1. Participant understands and agrees that in the event MBM authorizes medical treatment, in no way shall MBM be liable for any harm that may arise from the lack of contact or any medical treatment authorized.
2. Participant specifically acknowledges and agrees that these clauses are not intended to be a general release, which would be limited under some state and local laws.
3. Participant does hereby release and forever discharge MBM from any liability, claims, and causes in action that arise or may hereafter arise on account of any first aid, treatment, or service rendered or not rendered in connection with the Participant’s involvement in a Retreat.
5. LIABILITIES. MBM shall not be liable for any failures beyond its control. This covers natural disasters, war, other ‘acts of nature’, closure of airports or hotels, civil strife, accidents or failure to perform by third parties, including suppliers and subcontractors, pandemics, and contrary local and state regulations. MBM accepts no liability for loss, damage, injury or illnesses which may be received during the Participant’s stay or travel.

1. NON-ASSIGNMENT. Participant may not sell, assign, or transfer any of its rights or obligations hereunder, and any attempt to sell, assign, or transfer such rights or obligations without MBM’s prior written approval will be null and void. All terms and conditions in this Agreement will be binding upon and inure to the benefit of the parties hereto and their respective permitted transferees, successors, and assigns.
2. PERSONAL PROPERTY. Participant acknowledges and agrees that he/she is responsible for his/her equipment and all personal property during the Retreat and that MBM is not responsible in any way for such property whether it is lost, stolen or damaged.
3. PHOTOGRAPHIC RELEASE. Participant does hereby grant and convey unto MBM all right, title and interest in any and all photographic images, video or audio recordings made by MBM during the Retreat, including but not limited to royalties, proceeds, or other benefits derived. Participant authorizes MBM to use such images, words, and likenesses for marketing, on websites, in brochures or other writings and any for any other legitimate purpose.
4. INDEMNIFICATION: Participant agrees to indemnify and hold harmless MBM, its affiliates and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments including attorneys’ fees and costs arising out of or relating to Participant’s participation, and or actions under this Agreement. Participant agrees to defend against any and all claims, demands, causes of action, lawsuits, and or judgments arising out of or relating to Participant’s participation under this Agreement unless expressly stated otherwise by MBM in writing.
5. NON-DISPARAGEMENT. The Parties agree that they shall not engage in any conduct or communications with a third party, public or private, designed to disparage the other. Participant shall not make any false, disparaging, or derogatory statement in public or private regarding MBM, its employees, or agents. MBM shall not make any false, disparaging, or derogatory statements in public or private regarding Participant and its relationship with MBM.

SECTION TWO 

PLEASE READ THE FOLLOWING SECTION CAREFULLY – BY CLICKING AND MAKING PAYMENT I MAY BE WAIVING MY LEGAL RIGHT TO A JURY TRIAL TO HOLD MBM, PC LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM CERTAIN INHERENT RISKS OR FOR ANY INJURIES OR DAMAGES I MAY SUFFER DUE TO MBM’S ORDINARY NEGLIGENCE THAT ARE A RESULT OF MBM’S FAILURE TO EXERCISE REASONABLE CARE.

1. DEFINITIONS.
1. “Activities” include, but are not limited to the following activities which may be provided and/or sponsored by MBM: stretching, exercise, yoga, hiking, high altitude hiking, horseback riding, excursions, swimming, water activities and/or sports, boating, transportation in MBM or other vehicles on behalf of MBM, training, classes, instruction, food and beverage consumption, traveling to and from the Retreat, and all other activities associated with the Retreat.
2. “Risks” include, but are not limited to those known risks inherent to the Activities, vehicular travel and traffic, road and trail conditions, known and unknown health conditions, allergies, sudden weather changes, rain, snow, wind, hail, lightening, high altitude or motion sickness, dehydration, heat stroke, snake bite, bee and other insect stings and/or bites, wild and domestic animals, inaccessibility to immediate medical attention, falling rocks and trees, travel over rough terrain, equipment failure, driver error, rider error, Participant error, alcohol consumption, food provided, negligent hotel facility upkeep, actions of other people including theft and personal property damage and destruction, acts of God, and all other risks arising from the Retreat.
3. “Exercise Risks” include but are not limited to dangers or conditions that are an integral part of exercise activities, including but not limited to minor muscle strains, muscle sprains, bruises, abrasions, post-exercise muscle soreness, joint injuries, torn muscles, heat- related illnesses, broken bones, ACL injuries, back injuries, stroke, heart attack, paralysis, death, and injury or death caused by any of the following: equipment that breaks or otherwise fails, slips and falls, lack of nutrition or hydration, negligence on the part of Participant or other people around Participant, terrain, facilities, temperature, weather, condition, equipment, actions of other people including, but not limited to, participants, volunteers, spectators, and teachers, and all other risks arising from exercise activities at the Retreat
2. ASSUMPTION OF THE RISK: I acknowledge and understand that during the Retreat, I may be exposed to a variety of Activities, which include liabilities and risks, foreseen or unforeseen. Additionally, I acknowledge that the location of the Retreat may be a location where the political, health, cultural and geographical attributes present additional inherent risks greater than those present in Participant’s daily life, which include, but are not limited to, dangers of serious personal injury, death and property damage resulting from, but not limited to physical exercise and exertion; physical contact with other participants or third parties; swimming and water sports; boating; fall ing or tripping due to environmental hazards, uneven surfaces, or debris; other health hazards associated with physical activity and outdoor events; injury or death resulting from exposure to unfavorable weather conditions; and/or hazards related to catering, including but not limited to food sickness, allergic reactions, choking, and/or negligent hotel accommodations (collectively “Location Risks”).

I further acknowledge and understand that these Injuries and Damages (Risks, Exercise Risks, and Location Risks all collectively the “Injuries and Damages”) cannot be entirely eliminated. I fully understand and agree that MBM has not tried to contradict or minimize my understanding of these risks. I understand that Injuries and Damages can occur by natural causes or activities of other persons, environmental circumstances, staff of MBM or other third parties, either as a result of negligence or because of other reasons. I understand that third parties cannot necessarily be controlled, and that Participant’s safety, physical health, or emotional wellbeing cannot be guaranteed while participating in the Retreat and/or in related Activities.

1. WAIVER OF LIABILITY FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE: In acknowledging the foregoing ASSUMPTION OF THE RISK section, I CONFIRM MY UNDERSTANDING OF THE FOLLOWING:

To the fullest extent allowed by law, I agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY, AND HOLD HARMLESS MBM and its parents, subsidiaries and affiliates and their respective past and present officers, directors, stockholders, managers, members, partners, agents, employees, and spouse (collectively, “Released Parties”) from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, my death or personal injury relating in any way to my participation in the Retreat or any Retreat Activities, even if caused by NEGLIGENCE of the Released Parties; Such negligence could involve negligent assessment of the Retreat’s feasibility in a given area and/or location. I understand and intend that this assumption of risk and release is binding upon my heirs, executors, administrators and assignors. This waiver and release is intended to be as broad and inclusive as is permitted by law.

1. WAIVER OF UNKNOWN CLAIMS: Participant acknowledges that in certain circumstances and/or jurisdictions, a general release may not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her would have materially affected his or her settlement with the debtor. Participant further understands that he or she does not have to release existing claims of which the Participant is presently unaware, unless the Participant voluntarily chooses to waive this right. Having been so apprised, Specifically, I agree to waive, and by executing this Release do waive, my rights under section 1542 of the Civil Code of California, or comparable provision of another state’s law, which states: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her must have materially affected his or her settlement with the debtor.
2. ENTIRE AGREEMENT: This Agreement will constitute the entire agreement of the Parties with respect to the subject matter hereof and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the Parties with respect to the subject matter of this Agreement. The Agreement may be executed in counterparts, each of which will be an original, and all of which together will constitute one and the same document. No modification of these Terms will be binding unless in writing and signed by both Parties. If any provision herein is held to be unenforceable, the remaining provisions will remain in full force and effect. All rights and remedies hereunder are cumulative.
3. SEVERABILITY & NON-WAIVER: If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. Any failure by MBM to require Participant’s performance of any provision in this Agreement shall not affect MBM Participant’s rights at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. All rights and remedies hereunder are cumulative.

1. WAIVER OF JURY TRIAL: Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transactions contemplated hereby.
2. INTERPRETATION AND GOVERNING LAW. This document shall be construed broadly to provide a release and waiver to the maximum extent permitted under Pennsylvania law. Venue for any legal action shall be in the state or federal courts of Delaware County or Pennsylvania as applicable.
3. ELECTRONIC SIGNATURE: By clicking and making payment, you agree that this will be used as your electronic signature. The Participant’s electronic signature of this Agreement shall have the same validity and effect as a signature affixed by the Participant’s hand.

Social Media Release

I hereby authorize MBM, PC to use my photo and/or information related to my experiences with the Retreat, September 12-15, 2024, in Lennox, MA.

I understand this information may be used in publications, including electronic publications, audiovisual presentations, promotional literature, advertising, community presentations, letters to area legislators and media and/or other similar ways.

My consent is freely given as a public service to MBM, PC, without expecting payment. I release MBM, PC and their respective employees, officers and agents from any and all liability which may arise from the use of such news media stories, promotional materials, written articles, videotape and/or photographs.

I understand that I can revoke this release any time in writing and that the use of any of my photos or other information authorized by this release will immediately cease.

By clicking and making payment, you agree to the above release.

Agreement on Assumption of the Risk and Waiver of Liability Relating to COVID-19

The novel coronavirus, COVID-19, was declared a worldwide pandemic by the World Health Organization in 2020. COVID-19 is extremely contagious. The state of medical knowledge regarding COVID-19 continues to evolve, but the virus is believed to spread mainly from person-to- person contact, contact with contaminated surfaces and objects, and possibly through the air. MBM, PC (“Company”) has put in place reasonable preventive measures to reduce the spread of COVID-19 and will follow applicable federal, state, and local guidelines. However, it cannot guarantee that participants in the Retreat, September, 2024 (“Event”) will not become infected with COVID-19. Furthermore, participants in the Event could increase the risk of contracting COVID-19.

This Agreement on Assumption of the Risk and Waiver of Liability Relating to COVID-19. By clicking and making payment, I voluntarily acknowledge and agree as follows:

1. Before arriving at the Event, I will follow relevant guidance provided by the Centers for Disease and Control (CDC) and/or my local health authority; adhere to government issued travel restrictions and requirements issued by the region I will be traveling to and the region I am traveling from; evaluate my own health and that of people I am in close contact with; stay home if I feel sick and/or are running a fever or experiencing other COVID-19 symptoms; and disclose my vaccination status, if asked, so that Event organizers can ensure proper social distancing procedures.
2. During my participation in the Event, I agree to follow: (a) the most current guidelines and directed health measures set forth by the Centers for Disease Control and Prevention (CDC) and applicable state and local authorities relating to COVID-19; (b) the Event’s COVID-19 Protocol relating to the safety and health of all participants; and (c) the rules and regulations outlined prior to and during the Event.
3. I agree not to attend the Event if I have been diagnosed with COVID-19 or have come into close contact with anyone diagnosed with COVID-19 for 14 days prior to attending the Event, or if I am experiencing any known symptoms of COVID-19, including: cough, chills, sore throat, shortness of breath or difficulty breathing, muscle pain, loss of taste or smell, headache, or fever of 100.4 or more.
4. I agree I will immediately notify the Event staff if I am experiencing any symptoms of COVID-19 or if a positive COVID-19 case is confirmed or presumed in myself or a family/household member.
5. I acknowledge the extremely contagious nature of COVID-19. I understand that the risk of becoming exposed to or infected by COVID-19 at the Event may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Event’s staff, volunteers, and participants and their families.
6. I voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participation in the Event and that such exposure or infection may result in my personal injury, illness, disability, or death.
7. I voluntarily assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, illness, disability, and death), damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation in the Event.
8. I HEREBY RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND HOLD HARMLESS THE COMPANY (WHICH SHALL INCLUDE BUT NOT BE LIMITED TO ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, VOLUNTEERS, REPRESENTATIVES, ATTORNEYS, INSURERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “THE COMPANY”)) OF AND FROM ANY AND ALL CLAIMS, LIABILITIES, ACTIONS, DAMAGES, COSTS, FEES, EXPENSES, ECONOMIC LOSS OR OUT-OF-POCKET EXPENSES, OF ANY KIND, WHETHER ARISING IN LAW OR IN EQUITY, WHICH ARISE OUT OF OR RELATE TO MY PARTICIPATION IN THE EVENT IN ANY WAY, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE TO PROPERTY, DEATH, BODILY INJURY, ILLNESS, AND/OR DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT, OMISSION, OR CONDUCT OF ANY KIND ON THE PART OF THE COMPANY AND/OR ITS AFFILIATES. I AGREE THIS RELEASE INCLUDES ANY CLAIMS BASED ON THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY WHETHER A COVID-19 INFECTION OCCURS BEFORE, DURING, OR AFTER MY PARTICIPATION IN THE EVENT. I FURTHER AGREE THAT THIS AGREEMENT CONSTITUTES A COMPLETE AND AFFIRMATIVE DEFENSE TO ANY ACTION ASSERTING ANY CLAIMS ON MY BEHALF RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT AND THAT SUCH ACTION SHALL BE DISMISSED IN ITS ENTIRETY AND WITH PREJUDICE UPON PRESENTATION OF THIS AGREEMENT.
9. I represent that I have adequate insurance to cover any injury or illness I may suffer or cause while participating in the Event, or else I agree to bear the costs of such injury or illness myself.

I further represent that I have no medical or physical condition which could interfere with my safety while participating in the Event, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.

1. I agree that each provision of this Agreement is separate and distinct from any other provision and constitutes a separate and distinct covenant, and that if any provision of this Agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.
2. I acknowledge and agree that participation in the Event might not be made available to me or that the cost to engage in the Event would be significantly greater if I were to choose not to sign this Agreement, and I agree that the opportunity to participate at the stated cost in return for my execution of this Agreement is a reasonable bargain.
3. This Agreement shall be governed in accordance with the laws of the State of Pennsylvania. I agree that any action to enforce or interpret this Agreement shall be brought only in an appropriate state or federal court located in Delaware County, Pennsylvania. I consent to the exclusive jurisdiction over this matter of the courts located in Delaware County, Pennsylvania for the purposes of any action enforcing or relating to this Agreement, and I waive all objections based upon lack of jurisdiction or improper or inconvenient venue of any such court.
4. I acknowledge and agree that I have had sufficient time to read this Agreement and consult with legal counsel prior to signing it, that I have read and understand this Agreement, that I enter into this Agreement voluntarily, free of any duress or coercion, and with full knowledge of its significance, and that I hereby agree to be bound by its terms.

Due to high demand, there will be no refunds after April 30th, 2024.

By clicking and making payment, you agree to the above terms.