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Liability Waiver

VISITATION, PARTICIPATION AGREEMENT (the “Agreement”): Maui Goat Yoga Inc Classes


READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. IT CONTAINS LEGAL CONSEQUENCES THAT WILL AFFECT YOUR LEGAL RIGHTS AND ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. RELEASED PARTIES INCLUDE: 

Purpose Maui Goat Yoga Inc (MGY) ., Keokea Aukai Aina Farms Inc (KAAF) ., its agents, owners, officers, volunteers, participants, employees, landlords and property owners and all other persons or entities acting in any capacity on their behalf (collectively referred to as “Farm”). RELEASING PARTIES INCLUDE: The undersigned participant and minor(s) listed in the Agreement, participant's spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant's behalf. 

AGREEMENT:

IN CONSIDERATION OF FARM SERVICES: I hereby agree to release and discharge Stable / FARM on behalf of myself, my heirs, assigns, personal representatives, my estate and any other person listed in this Agreement (cumulatively “participant”, “I”, “myself”), and as follows:

RELEASE OF LIABILITY, ASSUMPTION OF RISK, INSTRUCTION, JURISDICTION, VENUE:

  1. I understand that by my presence on Farm premises, I may engage in activities or utilize the premises in a way that may involve inherent risks that are beyond the control of Farm. Farm has taken precautions to provide a safe setting, but I understand that the possibility of injury, death, or loss to persons is present. Activities may include, but are not limited to, physical activity, walking/running, yoga classes with goats (Bovidae, Goat Yoga) present, yoga class, stretch classes, exercise classes, group games, sports, general recreation, general use of grounds including its improvements, craft making, handling and petting of ALL animals on the property. By signing below, I hereby give consent to use the grounds and activities.
  2. I further agree that interacting with Goat / Bovidae, riding and all activities are inherently dangerous activities and that these activities will expose me to significant risks, both known and unknown, which could result in physical or emotional injury, or damage to myself, to property, or to third parties.
  3. I expressly agree and promise to accept and assume all the risks existing Farm activities, both known and unknown, whether caused or alleged to be caused by the negligent acts or omissions of Farm. My participation in all Farm activities is purely voluntary and I elect to participate in spite of the risks.
  4. I agree to acknowledge all of Farm rules and regulations pertaining to any and all activities (goat / Bovida interaction or otherwise) occurring on or off of Farm property. I agree to and I am responsible for wearing protective gear appropriate for said activities to ensure my safety while engaging in same.
  5. I understand the risks, conditions, and dangers inherent in all Farm activities, including goat / Bovidae activities and classes or interaction or any other farm animal. I agree to assume any and all risks involved in my use of or presence upon Farm property and facilities while engaging in any activity without limitation. These risks include, but are not limited to, death, bodily injury, property damage, falls, kicks, bites, jumping on people, unavailability of emergency medical care, the ordinary negligence of another person, and the deliberate acts of another person. I understand that if a farm animal is frightened or provoked it may divert from its training and act according to its natural survival instincts which may include, but are not limited to, stopping short, spinning around, changing direction or speed, shifting its weight, bucking, rearing, kicking, biting, or running from danger. The same is true for goat / Bovidae and any other animals upon the property. I acknowledge that these are just some of the risks and I agree to assume others not mentioned above.
  6. I agree that Farm is not responsible for total or partial acts, occurrences, or elements of nature or unfamiliar sights, sounds or sudden movements that may scare an animal, including goat / Bovidae, cause it to fall, or cause it to react in some other unsafe way. Some examples include: thunder, lightning, rain, wind; gunshots, wild and domestic animals, insects, reptiles, which may walk, run or fly near, or bite or sting a horse, goat or person; and irregular footing on out-of-door groomed or wild land which is subject to constant change in condition according to weather, temperature, and natural and man-made changes in landscape. I also acknowledge that these are just some of the risks and I agree to assume others not mentioned above. I trust Farm facilities and am satisfied that all premise conditions are reasonably safe for my intended purpose, usage and presence upon Farm premises.
  7. I agree to stay out of all barns, paddocks, corrals, tack-rooms, and all other non-office related buildings while waiting for horse or goat related or other activities or while waiting for a participant of such activities.
  8. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Farm from any and all claims, demands, or causes of action, which are in any way connected with my participation in ALL activities or my use of Farm equipment or facilities, including any such claims which allege negligent acts or omissions by Farm.
  9. I agree not to sue or initiate any legal action (whether in court or in arbitration) against Farm or any present or future owners, officers, members, managers, agents, employees and representatives of Farm, in connection with any claim which could have been or could be raised against any of them in any way connected with, arising out of, or relating to, personal injury or damage to the maximum extent permitted by law.
  10. I certify that I have adequate insurance to cover any injury I may suffer while participating, or otherwise agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in this activity, or am otherwise willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
  11. I understand that in this Agreement the terms “goat” and “Bovidae” means all goat / Bovidae species, including, but not limited to, goats, and subfamily goat antelope Caprinae or Capra Aegagrus Hircus.
  12. PHOTO RELEASE: I hereby grant to Farm the unrestricted and absolute, perpetual, worldwide right to reproduce, exhibit, display, perform, transmit, broadcast, distribute, modify, create derivatives, and otherwise use the photograph(s) of myself and any minor(s) identified below (the “photograph(s)”) for any purpose whatsoever (“Grant”).
  13. I acknowledge that the purposes for which the photograph(s) may be used include, without limitation, Farm publications, videos, books, and newsletters.
  14. I agree that this Grant includes, without limitation, the right to use the - 2 -photograph(s) – or any part of it – in combination with, or as a composite of, other matter, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature, in any media embodiment, now known or hereafter developed, including, without limitation, print, film, videotape, DVD, broadcast, digital transmission and electronic/online media.
  15. I acknowledge that this Grant includes the right to use the name of the minor(s) identified below, whether in original or modified form, or a fictitious name, in connection with the photograph(s).
  16. I hereby voluntarily release and forever discharge – on my behalf and on behalf of the minor(s) identified below – Farm from any and all claims, demands, or causes of action for libel, defamation, invasion of privacy or right of publicity, infringement of copyright, or violation of any other right arising out of or relating to any utilization of the photograph(s) or the name of the minor(s)identified below. Such claims, demands, and causes of actions include, without limitation, inadvertent errors, such as blurring, distortion, or alteration, or based upon any decision not to make use of the photograph(s).
  17. I understand that Farm and its licenses and assigns are relying on my consent to use the photograph(s) with respect to the promotion of various services or products. I acknowledge that neither myself nor any minor(s) identified below shall receive compensation with respect to any matter referred to in this Photo Release. All images – electronic or non-electronic negatives, positives, and prints – are owned by Farm. Farm is free to assign and license any and all of the rights granted in this Photo Release. 
  18. I acknowledge that in no event will I have the right to enjoin the distribution or exploitation of the photograph(s). I hereby relinquish any right that I may have to examine or approve the completed product(s) or advertising copy or printed matter that may be used by Farm or its licensees or assigns. MISCELLANEOUS:
  19. I agree these releases are binding upon me, the minor(s) below for whom I am contracting, my heirs, executors, administrators, legal representatives, and successors.
  20. Should Farm or anyone acting on its 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.
  21. I agree that the validity and enforceability of this Agreement will be governed by the substantive law of Hawaii, without regard to its conflict of law rules.
  22. If a provision of this Agreement is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of this Agreement will not be impaired.
  23. I agree that any action, suit, or proceeding arising out of the subject matter of this Agreement will be litigated in courts located in Maui County, Hawaii. I consent and submit to the jurisdiction of any local, state, or federal court located in Maui County, Hawaii.
  24. By my signature below, I am acting in my capacity as the responsible party for the aforementioned minor(s). I had the opportunity to ask questions about this document before signing it. I read and understood all of it, and by my signature I agree for myself and on behalf of the aforementioned minor(s) to be bound by each and every one of the terms in this Agreement. I will ensure the minor(s) act in accordance with this Agreement, and I am liable for their actions. I agree to save and hold harmless and indemnify each and all the parties previously referred to in this document, including without limitation Farm, from all liability, loss, cost, claim or damage whatsoever that may be imposed upon said parties because of any failure, or defect in or the lack of the minor(‘s/s’) capacity, to act in accordance with this Agreement, and I release the Farm and said parties on behalf of the minor(s) and the minor(‘s/s’) parents or legal guardian of said minor(s)

 

​***This Liability Waiver MUST be signed electronically through an e-mail you will receive after you sign up for a class. All parties in your group must sign it as well. I understand that if this Liability Waiver is not signed I will not be allowed to attend class***

 

***Subcontractor Addendum***

I understand that yoga / goat yoga includes physical movements with untrainable livestock.  As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. If I experience any pain or discomfort, I will listen to my body, discontinue the activity, and ask for support from the instructor. I assume full responsibility for any and all injuries, which may occur through participation in yoga / goat yoga and with livestock present. I understand any and all subcontractors, and Maui Goat Yoga has the right to refuse service to anyone.

Any and all subcontractors are not a substitute for medical attention, examination, diagnosis, or treatment. Yoga is not recommended and is not safe under certain medical conditions. I affirm that I alone am responsible to decide whether to practice yoga. I hereby agree to irrevocably release and waive any claims that I may have now or hereafter may have against any and all subcontractors in accordance to Maui Goat Yoga and KAAF.

 


Dated: October 8, 2024

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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