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 "CM"), I hereby agree to release, indemnify, and discharge CM, 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; and rapidly changing adverse weather and water conditions. Furthermore, CM and her representative 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 Dragonfly Paddle Yoga dba Chrisitne Malmborg Yoga LLC, 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.
4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Christine Malmborg 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 CM equipment or facilities, including any such Claims which allege negligent acts or omissions of CM.
5. Should CM, 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 CM, 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 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 Christine Malmborg Yoga LLC for promotional purposes; 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 (24-36 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 rebokk, I must do so in writing to email@example.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.
I AM PERSONALLY WATER SAFE AND I DO KNOW HOW TO SWIM
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. CM has put in place preventative measures to reduce the spread of COVID-19; however, CM cannot guarantee that you will not become infected with COVID-19. Further, attending classes and other activities through CM could increase your risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending CM classes and other activities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at CM may result from the actions, omissions, or negligence of myself and others, including, but not limited to, CM employees, volunteers, and participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation at CM classes or other activities (“Claims”). On my behalf, and on behalf of my children and heirs,I hereby release, covenant not to sue, discharge, and hold harmless CM, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of CM, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any CM classes or other activities.
Date: April 1, 2023