Waiver

PARTICIPANT ACKNOWLEDGMENT, ASSUMATION OF RISKS, LIABILITY
RELEASE, INDEMNITY AGREEMENT

This Participant Acknowledgement, Assumption of Risks, Liability Release, Indemnity Agreement and Photo/Video Release (“Release”) is voluntarily entered into between the undersigned individual (“Participant”) and the following individuals or entities: Cranmer Sterling House, LLC; Meaghan Richmond; Denver Wellness and Discovery; Dose Denver Private Ministerial Association; 106 Protector Circle LLC; and the Plant Magic Café, LLC (collectively referred to as “Plant Magic”). This Release is intended to cover all activities by Participant with Plant Magic as described below. The Release is effective as of the date signed below. Participant acknowledges and accepts Plant Magic has agreed to provide certain events, including are not limited to yoga, breathwork, soul retrievals, kambo, sacred tobacco, witch school, blue lotus ceremonies, ecstatic dance, devotional practices, the use of sananga, sound baths, meditation, educational workshops and other related activities (collectively, “Activities”). In addition, as applicable, Participant acknowledges and accepts Plant Magic has agreed to provide certain services including spiritual guidance, coaching, harm reduction services, beneficial community-based use and healing, supported use, or other related services (“Services”) related to Participant’s use of Natural Medicines. Natural Medicines are those plants and fungi now legal under Colorado state law under the Natural Medicine Health Act (“NMHA”), also known as Proposition 122, codified in C.R.S. § 12-170-101 et seq and also in various portions of the criminal code in title 18 C.R.S. The Services outlined in this Release are intended to strictly comply with all relevant provisions of the NMHA. Releasor acknowledges that Plant Magic is not selling or being compensated in any way for Natural Medicine to the Releasor and Releasor is only paying for the Services. Participant further understands and acknowledges that the Activities to be undertaken or performed by Participant may involve risks to Participant including, but not limited, to: (i) risks inherent in the nature of the Activities, (ii) dehydration; (iii) risks caused or complicated by any mental, physical or emotions conditions any Participant may have, (iv) physical contact with other participants or other individuals, and, (v) extended periods of physical exertion. It is impossible to know or list every risk associated with every activity. Risks will ultimately depend on the Activities undertaken by Participant. Participant acknowledges that participating in Services and Activities involves inherent risks and other risks, hazards, and dangers including some not listed above that can cause or lead to death, injury, illness, property damage, mental or emotional trauma, or disability. Being fully informed as to these risks and in consideration of the Services and Activities, Participant shall forever release, indemnify, and hold harmless Plant Magic from any damage, liability, or costs including court costs and reasonable attorneys’ fees arising from the Activities. Participant covenants not to sue Plant Magic, or any of her principals or agents, and waives any right of recovery, whether known or unknown, that Participant may have to bring a claim or a lawsuit against Plant Magic for any personal injury, death, damage to personal property or other injury arising from the Services and Activities, whether arising from a theory of negligence, latent defect, Participant’s status as licensee or invitee, or any other theory in law or equity. In no event shall Plant Magic’s liability, if any, exceed the amount paid for the services by the Participant. This Release shall inure to and bind the members of Participant’s family, spouse, heirs, assigns, attorneys and personal representatives. This Release shall be constructed in accordance with the laws of the State of Colorado and that any mediation, suit, or other proceeding must be filed or entered into only in Colorado. This Agreement and the Services provided hereunder are confidential and may not be disclosed by Releasor to any third party (other than the Releasor’s immediate family and friends) except as required by any applicable law or valid Court order. Releasor shall not make social media or other public posts regarding the Services. Participant acknowledges that photography, audio and video recording may occur during the Activities. Participant understands that their image and voice may be captured in such a recording and subsequently displayed, distributed, or otherwise used without payment of compensation, and Participant release Plant Magic from any liability due to such capturing, display, distribution, or other use by Plant Magic or others. Participant consents to Plant Magic’s unrestricted use for any purpose of any photographs, video, or audio recordings, in any medium, that Plant Magic or others may create of Participant in connection with the Activities, and Participant waives any right to inspect or approve the finished product. Participant hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during the Activities. Prior to initiating any legal action under this Agreement, the Parties agree to engage in mediation to resolve any disputes. Any dispute, claim, interpretation, controversy, or issues of public policy arising out of relating to this Agreement, including the determination of the scope or applicability of this section, will be determined exclusively by mandatory binding arbitration held in Denver, Colorado, and will be governed exclusively by the Colorado Revised Arbitration Act, §§ 13-22-201, et seq., C.R.S. (the “CRAA”). The Parties waive (i) any right of removal to the United States federal courts and (ii) any right in the United States federal courts to compel arbitration, to confirm any arbitration award or order, or to seek any aid or assistance of any kind. Participant acknowledges that he or she has read this Release fully and understands it, including its binding legal consequences, intends to be bound by this Release, and is signing this Release freely and voluntarily.