Welcome

Our Mission

Glacier Rock Wellness Ranch is a destination for Physicians to join together to share the JOYS and CHALLENGES of practicing medicine. We will support and encourage one another for healing, education and inspiration. It will be a place to PLAY, to laugh, to relax and to challenge one another to find creative solutions in today's healthcare climate. We will leave behind the stresses of everyday life to hike through the woods, sit by the glacier fed creek and river, share stories around a bonfire and so much more so that we have times and space to reflect on who we are and why we decided to dedicate our lives to practicing medicine in the first place.

About Us

Our Physician Wellness Movement

Glacier Rock Wellness Ranch, LLC will be a physical space to support (and be supported by) your colleagues, sit by the bonfire, hike through the woods, camp out, obtain CME, ski ( 30 minutes away), listen to the freshly melted glacier water running over the rocks, and share your personal stories of what frustrates us most on our shift and what makes us feel GREAT during our workday; the little rewards that keep us going!

Professional satisfaction is needed for practice sustainability. Healthy Doctors = Healthier Patients! Spring of 2016 was the season for the coordinated effort, nationally, to start the Physician Wellness conversations! It was long overdue. Glacier Rock Wellness Ranch was born as an ”In Real Life” extension of our social media connections that we started in 2013.

Unrealistic expectations burden physicians and challenge us in delivering excellent healthcare. At Glacier Rock Wellness Ranch, we will continue to encourage each other to, occasionally, when appropriate, say ”NO.” We will share our stories with one another to continue the momentum of PHYSICIAN LEADERSHIP at every level.

Decisions that are harmful for our patients, made by non-clinical leadership, will be challenged by our members and we will find solutions, together, that make sense for our communities, our patients, our hospitals and our staff. We all must be willing to be engaged locally to offer solutions. HEALTHCARE is about PEOPLE!

Physician shortages are predicted already. Our movement addresses Physician Wellness through professional satisfaction to encourage physicians to stay at the bedside, give hope to those in training and maintain the allure of our profession for the best and the brightest in the upcoming generations.

Physician Wellness is the mission of Glacier Rock Wellness Ranch. Our members inspire courage in our profession and will communicate to others that we are THOUSANDS STRONG. Physicians in every state will be discussing the same message: Physician Wellness and Professional Satisfaction MATTERS!!

We ARE Resilient: we survived and thrived through undergraduate education, medical school, residency, and enormous student loan debt. Many of us had personal struggles during our education such deaths in our family, divorces, illnesses, pregnancy, childbirth and caring for newborn infants, etc. Despite the challenges, we showed up for our patients and for our colleagues. We are at the bedside nights, weekends, snow days and holidays providing excellent care for our patients.

Practicing medicine is a noble profession because of the sacrifice it requires and the fact that we put others’ needs above our own. At this point in history, we need to speak up for ourselves and our colleagues’ Wellness and respectful treatment. Our patients and communities are depending on us to BE WELL so that we can provide excellent healthcare!! We must have Practice Sustainability.

Take action

Join us, as a member of Glacier Rock Wellness Ranch to come together, face to face, in a relaxed and casual environment to inspire courage to build a better system.

Become a member of Glacier Rock Wellness Ranch to support your colleagues, sit by the bonfire, hike through the woods, listen to the freshly melted glacier water running over the rocks, and share your personal stories of what frustrates us the most on our shift and what makes us feel GREAT during our workday; the little rewards that keep us going!

Join Today

The Pack

● Cost: $500 initial membership fee; thereafter, $20/month membership fee

● Access to Glacier Rock Wellness Ranch Retreat on a year-round basis for camping (not including lodging in the houses or cabins), hiking, fishing, meet-ups with other members, etc. (subject to scheduling requirements and black-out dates as described in the Company’s Terms of Use)

Puppy Doc

● Cost: $150 initial membership fee; thereafter, $10/month membership fee

● Limited to physicians still in their residency training

● Same benefits as The Pack

The Explorer

● Cost: $1,000 initial membership fee; thereafter, $20/month membership fee

● Same benefits as The Pack PLUS you receive a special edition Village bulders' T-shirt.

● 10% discount for sleeping glamping reservations (subject to availability)

The Adventurer

● Cost: $2,000 initial membership fee; thereafter, $20/month membership fee

● Same benefits as The Pack PLUS you receive a special edition Village bulders' T-shirt.

● 20% discount for sleeping glamping reservations (subject to availability)

The Pioneer

● Cost: $5,000 initial membership fee; thereafter, $20/month membership fee

● Same benefits as The Pack PLUS you receive a special edition Village bulders' T-shirt and get naming rights to one of the yurt/ huts/ teepee/ tiny houses

● 30% discount for sleeping glamping reservations (subject to availability)

The Chief

● Costs: $10,000 initial membership fee; thereafter, $20/month membership fee

● Same benefits as The Pack PLUS you receive a special edition Village bulders' T-shirt and get naming rights to a village of yurt/ huts/ teepee/ tiny houses

● 35% discount for sleeping glamping reservations (subject to availability)

Are you a physician?

GLACIER ROCK WELLNESS RANCH, LLC


RETREAT MEMBERSHIP AGREEMENT


Acceptance of Retreat Membership Agreement


This Retreat Membership Agreement (this “Agreement”) is entered into by and between you and Glacier Rock Wellness Ranch, LLC (the “Company”, “we” or “us”). This Agreement governs your founding membership in the Glacier Rock Wellness Ranch physician retreat (the “GRWRRetreat”).

Please read this Agreement carefully before you become a member of the GRWR Retreat (a “Member”). By clicking to accept or agree to this Agreement when this option is made available to you, you accept and agree to be bound and abide by these Agreement.  If you do not want to agree to this Agreement, you should not become a Member of the GRWR Retreat.

Membership in the GRWR Retreat is offered and available to physicians who are 18 years of age or older. By becoming a Member, you represent and warrant that you are of legal age to form a binding contract with the Company.

  1. Membership. In exchange for and subject to the payment of the initial and monthly membership fees described on the Company’ website under the heading “Levels of Membership” (and attached hereto as Exhibit A), the Company agrees to provide Member with a non-exclusive membership (each, a “Membership”) in the GRWR Retreat and the other amenities and benefits described on the Company’s website under the heading “Levels of Membership,” based in each case on the membership level selected by the Member. The Membership is personal to Member and may not be transferred, assigned or sublicensed, either voluntarily or by operation of law. All Members must be natural persons at least twenty-one (21) years of age. The Company may deny membership to any person, acting in its sole and absolute discretion, without reason or cause. Spouses and family members of a Member will not have any right, solely by virtue of being the spouse or a family member of a Member, to use any facilities of the GRWR Retreat.
  2. Terms of Use. Access to and use of the GRWR Retreat by each person (including each Member and any of such Member’s guests) will be governed by certain Terms of Use and other guidelines that will be posted by the Company on its website, and which are hereby incorporated into this Agreement (the “Terms of Use”). We may revise and update the Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued Membership following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check the Terms of Use posted on the website from time to time so you are aware of any changes, as they are binding on you.
  3. No Equity Rights. Member acknowledges and agrees that Member shall not have any equity rights or ownership interest in the GRWR Retreat or the Company. Without limiting the foregoing, Member acknowledges and agrees that Member shall not be entitled to vote or receive dividends or other distributions nor shall anything contained in this Agreement be construed to confer upon Member, as such, any of the rights of a stockholder, equityholder or member of the Company or any right to vote, give or withhold consent to any corporate action, receive notice of meetings, receive dividends, share in any profits or other distributions, enjoy subscription rights, or otherwise with respect to the Company.
  4. Term. The term of this Agreement commences on the date the Member pays in full his or her initial membership fee and continues thereafter for so long as the Member continues to pay in full his or her monthly membership fee, unless and until sooner terminated as provided in Section 5. Access to the GRWR Retreat will begin on the day of the grand opening, which date is to be established (the “Grand Opening”). Initial membership fees will be used by the Company to fund the down payment of the real property for the GRWR Retreat. Monthly membership fees will begin after the Grand Opening.
  5. Termination. Member shall have the right to terminate this Agreement at any time upon thirty (30) days’ written notice to the Company. The Company shall have the right to terminate this Agreement: (a) if Member fails to pay any amount when due hereunder; (b) if Member breaches any provision of this Agreement (including any of the Terms of Use); (c) upon Member’s death; (d) if member violates the honor code or (e) if Member (i) becomes insolvent, (ii) is generally unable to pay, or fails to pay, his or her debts as they become due, (iii) files, or has filed against Member, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency Law, (iv) makes or seeks to make a general assignment for the benefit of Member’s creditors, or (v) applies for, or consents to, the appointment of a trustee, receiver or custodian for any part of Member’s property or business. Upon termination of this Agreement, Member’s Membership shall terminate, and Member shall thereafter have no rights in the GRWR Retreat. Member agrees that the Company shall not be obligated to return or refund any fees paid by Member prior to termination of this Agreement by either party.
  6. Payments for Member’s monthly Membership fees are due in advance on the 1st business day of the month, will be billed monthly and are non-refundable. A valid U.S. credit or debit card is required, with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, Member automatically authorizes the Company to charge all fees incurred through an account to any such payment instruments. If a payment is not received on the due date, the Company may, without limiting its other rights and remedies, cancel or suspend the Membership.
  7. Use of Common Areas. Members shall have non-exclusive access to the GRWR Retreat. Member understands that certain locations within the GRWR Retreat are generally available on a “first-come, first-served” basis, while others may require the Member to schedule access or pay a usage fee.
  8. Shared Use; Additional Services at Member Rates. The Company may offer event services, expositions, meetings, conferences and other gatherings to both Members and non-Members. Member acknowledges and agrees that certain parts of the GRWR Retreat might be assigned for such uses either temporarily or on an ongoing basis, which may condition or preempt Member’s access to such areas at such times. In addition, the Company may offer rental of conference rooms, event space rental and other services at an additional cost. Members may benefit from reduced rates for these services when applicable, as described on the Company’s website under the heading “Levels of Membership.
  9. MEMBER IS AWARE AND UNDERSTANDS THAT THE ACTIVITIES THAT MEMBER AND MEMBER’S GUESTS MAY ENGAGE IN AT THE GRWR RETREAT (THE “GRWR ACTIVITIES”) MAY BE DANGEROUS ACTIVITIES AND MAY INVOLVE THE RISK OF SERIOUS INJURY, DEATH AND/OR PROPERTY DAMAGE. MEMBER ACKNOWLEDGES THAT MEMBER IS VOLUNTARILY PARTICIPATING IN THE GRWR ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH AND/OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
  10. Damage to GRWR Retreat Property and Other Liability. Compensation for all property of the GRWR Retreat injured, damaged, or removed by Member, or by any person for whom Member is responsible, in an amount determined by the Company will be paid by Member. If the Company incurs any liability as a result of the willful, negligent, intentional or unintentional conduct of Member, then Member shall hold the Company harmless from the liability.
  11. Member, on behalf of Member and Member’s guests, affiliates, family members, heirs, successors and assigns, hereby expressly waives and releases any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company, and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, death and/or property damage arising out of or attributable to the Membership, the GRWR Retreat or participation by Member or Member’s guests in any GRWR Activities, whether arising out of the negligence of the Company or any Releasees or otherwise. Member covenants not to make or bring any such claim against the Company or any other Releasee, and forever releases and discharges the Company and all other Releasees from liability under any such claims. Member shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any such claims.
  12. LIMITATION OF DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED $10,000. THE FOREGOING LIMITATION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SURVIVE ANY REMEDY’S FAILURE OF ESSENTIAL PURPOSE.
  13. Governing Law and Jurisdiction. All matters relating to this Agreement and the Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Terms of Use shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement or the Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  14. Arbitration. At the Company’s sole discretion, it may require you to submit any disputes arising from this Agreement or the Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Washington law.
  15. Waiver and Severability. No waiver of by the Company of any term or condition set out in this Agreement or the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement or the Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement or the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement and the Terms of Use will continue in full force and effect.
  16. Entire Agreement. This Agreement and the Terms of Use constitute the sole and entire agreement between you and Glacier Rock Wellness Ranch, LLC regarding your Membership and the GRWR Retreat and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding your Membership and the GRWR Retreat.

EXHIBIT A

GLACIER ROCK WELLNESS RANCH, LLC

LEVELS OF MEMBERSHIP

Updated 5/03/18

Village Builders Member (the “Pack” Level):

  • Cost: $500 initial membership fee; thereafter, $20/month membership fee
  • Access to Glacier Rock Wellness Ranch Retreat on a year-round basis for camping (not including lodging in the houses or cabins), hiking, fishing, meet-ups with other members, etc. (subject to scheduling requirements and black-out dates as described in the Company’s Terms of Use)

Resident Member(the “PuppyDoc” Level):

  • Cost: $150 initial membership fee; thereafter, $10/month membership fee
  • Limited to physicians still in their residency training
  • Same benefits as Pack Level

Village Builders Member (the “Explorer” Level):

  • Cost: $1,000 initial membership fee; thereafter, $20/month membership fee
  • Same benefits as Pack Member PLUS a Glacier Rock Wellness Rock t-shirt
  • 10% off sleeping room reservations in the 1st 12 months

Village Builders Member (the “Adventurer” Level):

  • Cost: $2,000 initial membership fee; thereafter, $20/month membership fee
  • Same benefits as Pack Member PLUS a Glacier Rock Wellness Ranch t-shirt
  • 20% off sleeping room reservations in the 1st 12 months

Village Builders Member (the “Pioneer” Level):

  • Cost: $5,000 initial membership fee; thereafter, $20/month membership fee
  • Same benefits as Member PLUS you will get naming rights to one of the glamping accomidations (yurt/ tiny house/ hut/ dome/ teepee)

Village Builders Member (the “Cheif” Level):

  • Costs: $10,000 initial membership fee; thereafter, $20/month membership fee
  • Same benefits as the Member PLUS you will get naming rights to one of the glamping villages (a collection of yurts/ tiny houses/ huts/ domes/ teepees)

 

ADDITIONAL RULES:

  • All names are subject to approval by the Company in its sole discretion.

GLACIER ROCK WELLNESS RANCH, LLC

TERMS OF USE

Last updated on January 8, 2018

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Glacier Rock Wellness Ranch, LLC (”Company”, ”we” or ”us”). The following terms and conditions (these ” Terms of Use”), together with the Retreat Membership Agreement, govern your access to and use of the Glacier Rock Wellness Ranch Retreat (the ”GRWR Retreat”). These Terms of Use apply to all Members and Guests (each as defined below).

Please read the Terms of Use carefully before you use the GRWR Retreat. By using the GRWR Retreat, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the GRWR Retreat.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the GRWR Retreat following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Whenever these Terms of Use are modified we will signify that changes have been made by updating the date displayed in this statement. This document is always available on glacierrockwellnessranch.com website.

Agreement

1. Definitions.

(a) ”Amenities” refers to all other services, benefits, or products as may be offered to Members by the Company as part of their Membership, such as access to the GRWR Retreat, food and beverages, internet access, discounts to rent the GRWR Retreat and its related facilities. The GRWR Retreat currently includes one creek, multiple trails, one two-bedroom house, one small cottage, an outdoor CME building structure, barn and covered arena, all on 70 acres of partially wooded land. Amenities are subject to change from time to time and without notice at the sole discretion of Company.

(b) ”Common Areas” refer to such areas of the GRWR Retreat as the Company may from time to time designate for common use of its Members, which shall include shared workspace, conference rooms, gym facilities, event areas, entrance lobby, corridors, elevators, stairways, bike storage, showers, and other areas.

(c) ”Company” refers to Glacier Rock Wellness Ranch, LLC, a Washington state limited liability company.

(d) ”Guest” refers to any non-Member that is invited to the GRWR Retreat by a Member.

(e) ”Member” refers to any individual that has entered into a Retreat Membership Agreement with Company, and such agreement has not otherwise been terminated by the Company.

(f) ”GRWR Retreat” refers to the land and buildings located at 171 Baker Rd, Randle, WA 98377 in its entirety, not limited to Common Areas except personal or business areas or indoor areas that are for rent.

2. Private Facility. The GRWR Retreat is operated on a private basis and is not open to the general public. Membership is offered only by invitation. The purposes for membership are purely social and recreational.

3. No Commercial Activity. The GRWR Retreat may not be used by a Member for any (i) commercial or business purpose or (ii) unlawful discriminatory purpose. The following events are prohibited without the prior written consent of the Company:

(a) Charitable events or other events in which the GRWR Retreat facilities are used, substantially or totally, at any time by non-Members;

(b) Renting or leasing GRWR Retreat facilities to non-Members for parties or other events designed to produce revenue;

(c) Use of the GRWR Retreat facilities for the conduct of business by any Member; or

(d) Use of the GRWR Retreat facilities (including the membership roster) for any commercial promotion or solicitation, including, but not limited to, promotional photographs of the GRWR Retreat.

(e) Renting or leasing GRWR Retreat facilities to non-members.

4. Guest Policy. Each Member may bring one Guest plus legal dependents who are their minor children. Members will be solely responsible for all actions of their Guests on or about the GRWR Retreat and will ensure Guests’ compliance with Company’s policy as outlined in this document and all applicable laws and regulations. Guests are expected to be continuously accompanied by the Member inviting them. There may be areas of the GRWR Retreat and/or dates in which minor children are not allowed.

5. Use of GRWR Retreat Facilities. The GRWR Retreat may be used for hiking, camping, fishing, relaxing, campfires (subject to applicable restrictions and prohibitions), mountain biking and other outdoor activities. Members must bring their own equipment and shall engage in such activities at their own risk. Horseback riding will be allowed if Members bring their own horses and shall be responsible for any injury or harm caused by such animals. Members may be allowed to consume alcoholic beverages at the GRWR Retreat (in moderation) but public intoxication is not allowed. No smoking of any nature is allowed anywhere on the GRWR Retreat property. All Members must clean up after their use of the GRWR Retreat; Members will be charged a clean-up fee if they leave behind any mess or damage to the GRWR Retreat property.

6. Rental of Facilities; Scheduling; Reservation Process. The following facilities on the GRWR Retreat shall be available for rent by Members at the rates published on the GRWR Retreat website from time to time (and Founding Members will receive a 10% discount for event rentals): two-bedroom house, two-bedroom cottage, CME building, barn and other select areas.

(a) Campsites. Reservations for use of the campsites on the GRWR Retreat shall be allowed on first come, first served basis and shall be made through the GRWR Retreat website.

(b) Two-Bedroom House; Two-Bedroom Cottage, Barn; CME Building; Outdoor Areas . Reservations for use of the Common Areas in the two-bedroom house, two-bedroom cottage or for the entire house, barn, CME building or outdoor areas on the GRWR Retreat may be scheduled through the GRWR Retreat website for an additional fee.

(c) Check-in/Check-out. Members shall be required to check-in and check-out onsite at the GRWR Retreat.

7. Black-Out Dates. Black-out dates for all or portions of the GRWR Retreat shall be published on the GRWR Retreat website.

8. Rules of Conduct. The GRWR Retreat will largely be ruled by an honor system whereby Members shall be trusted to abide by a code of conduct consistent with the mission, philosophy and values of the GRWR Retreat. Specific rules of conduct governing the various activities to be conducted at the GRWR Retreat will be posted at on-site and on the GRWR Retreat website from time to time. In all cases, the Company requires the following:

(a) Follow the Golden Rule (do unto others as you would have them do unto you)

(b) Be respectful and supportive of others

(c) No excessive noise, no excessive alcohol consumption and no violence

Members (and their Guests) may be removed, and possibly lose their membership, at the sole discretion of the Company, if conduct is not consistent with the mission, philosophy and values of the GRWR Retreat.

9. ACKNOWLEDGEMENT. MEMBERS ARE AWARE AND UNDERSTAND THAT THE ACTIVITIES THAT MEMBERS AND THEIR GUESTS MAY ENGAGE IN AT THE GRWR RETREAT (THE ”GRWR ACTIVITIES”) MAY BE DANGEROUS ACTIVITIES AND MAY INVOLVE THE RISK OF SERIOUS INJURY, DEATH AND/OR PROPERTY DAMAGE. MEMBERS ACKNOWLEDGE THAT MEMBERS ARE VOLUNTARILY PARTICIPATING IN THE GRWR ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH AND/OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.

10. Damage to GRWR Retreat Property and Other Liability. Compensation for all property of the GRWR Retreat injured, damaged, or removed by a Member, or by any person for whom the Member is responsible, in an amount determined by the Company will be paid by such Member. If the Company incurs any liability as a result of the willful, negligent, intentional or unintentional conduct of a Member, the Member shall hold the Company harmless from the liability.

11. Waiver. All Members, on behalf of themselves and their Guests, affiliates, family members, heirs, successors and assigns, hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company, and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, ”Releasees ”), on account of injury, death and/or property damage arising out of or attributable to the GRWR Retreat or participation by such Members or their Guests in any GRWR Activities, whether arising out of the negligence of the Company or any Releasees or otherwise. All Members covenant not to make or bring any such claim against the Company or any other Releasee, and forever releases and discharges the Company and all other Releasees from liability under any such claims. Members hereby agree to defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under these Terms of Use, and the cost of pursuing any insurance providers, arising out or resulting from any such claims.

12. LIMITATION OF DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED $10,000. THE FOREGOING LIMITATION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SURVIVE ANY REMEDY’S FAILURE OF ESSENTIAL PURPOSE.

13. Governing Law and Jurisdiction. All matters relating to these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington although we retain the right to bring any suit, action, or proceeding against you for breach of the Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Arbitration. At the Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Washington law.

15. Waiver and Severability. No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

The Pack

Puppy Doc

The Explorer

The Adventurer

The Pioneer

The Chief