PARTICIPANT AGREEMENT, EQUIPMENT RENTAL AGREEMENT, ACKNOWLEDGMENT OF RISK, WAIVER AND RELEASE OF LIABILITY In consideration of the services of Dragonfly Paddle Yoga, Christine Malmborg Yoga LLC, and all other persons or entities acting in any capacity on her behalf (hereinafter collectively referred to as "The Company"), I hereby agree to release, indemnify, and discharge "The Company", on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. I acknowledge that my participation in Stand-Up Paddle Water activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: board capsize; tidal conditions and currents; travel in remote areas; collision with objects or other water craft; prolonged exposure to cold water, hypothermia, accidental drowning; illness in remote areas; exposure to sun, strong wind, cold, storms, large waves, eddies and whirlpools, lightning; aggressive and/or poisonous marine life; wrist, arm, shoulder, and/or back injuries; slips and falls while walking or paddling; and rapidly changing adverse weather and water conditions. Furthermore, The Company and her representatives have difficult jobs to perform. At all times they strive to educate and inform the client fully. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. 3. I am capable of safely operating and handling the Equipment and find it in GOOD working order, condition and repair. I declare that I have adequate skills, knowledge and experience to safely complete the planned activity and that adequate preparations have been made to ensure safe completion of the activity. I shall bear any and all risk and responsibility of and for any and all damage, loss or theft of the equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay the Lessor (Christine Malmborg Yoga LLC) the FULL RETAIL COST of REPLACEMENT. Ask for equipment replacement price list. I will return all equipment on time and in same exact condition as received. Minimum charges for repairs, cleaning and labor will be applied in the event equipment require repair or excessive cleaning. I authorize Chrisitne Malmborg Yoga LLC dba Dragonfly Paddle Yoga, to use the same credit card that was used for payment of the rental equipment, to pay for replacement and/or repair of the equipment. 3. I understand that I am not allowed to bring my pet or any animal onto the paddleboard. 4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Christine Malmborg, Christine Malmborg Yoga LLC, and Dragonfly Paddle Yoga and all other persons or entities acting in any capacity on her behalf from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of The Company's equipment or facilities, including any such Claims which allege negligent acts or omissions of The Company. 5. Should The Company, or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 7. In the event that I file a lawsuit against The Company, I agree to do so solely in the state of Colorado, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY PARTICIPATION IN THIS ACTIVITY, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST Christine Malmborg, Christine Malmborg Yoga LLC and Dragonfly Paddle Yoga and all other persons or entities acting in any capacity on her behalf, ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED THEM HEREIN. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I consent to having my photo and/or video taken. I also agree to allow such photos and/or video to be used by The Company for promotional purposesÍž including but not limited to social media, advertising and website images. 8. I understand and agree that all sales are final and that once my purchase is made, there are no refunds. I understand each reservation has a cancellation window (24-72 hours respectively) with respect to rebooking and that this time frame is clearly stated during the booking process and, in the confirmation email I received after making my purchase. I acknowldge that I if I wish to rebook, I must do so in writing to dragonflypaddleyoga@gmail.com within the stated time window. If I fail to cancel in writing within the cancellation time window, I fail to show-up, or I arrive late, I will forfeit my option to rebook. 9. I agree to abide by all rules as communicated to me while engaging in services provided by Draginfly Paddle Yoga. I understand that it is my responsibility to know and abide by all local, state and federal laws governing my activities on the lake for the services I am engaged in with The Company. I understand that is is illegal to drink alcohol in public and that drinking is strictly prohibited while engaged in services provided by The Company. ---------------------------------------------------------------- I AM PERSONALLY WATER SAFE AND I DO KNOW HOW TO SWIM
I Agree
---------------------------------------------------------------- Date: October 10, 2026 |
