Our Commitment: At Engaging Nature, our passion is to connect you with the natural world through immersive, sensory-rich experiences. Your safety, well-being, and enjoyment are paramount to us. Please read this document thoroughly before signing. Section 1: Who's Making This Agreement This agreement is between Hecate's LLC dba Engaging Nature ("Engaging Nature"), its owners, members, managers, employees, independent contractors, guides, instructors, and volunteers (collectively, the "Released Parties"), and YOU, the undersigned participant (referred to hereafter as "I" or "Participant"). Section 2: Our Activities and What to Know I understand that my participation in Engaging Nature activities (collectively, the "Activities") involves inherent risks and dangers. These Activities include, but are not limited to: nature walks, hiking, forest bathing, foraging excursions, food preparation and cooking demonstrations, and natural dyeing workshops. I acknowledge that these activities take place in various environments and involve varying levels of physical and sensory engagement. I understand that the risks and dangers involved in these Activities, which cannot be entirely eliminated, may include: - Outdoor Activities (Nature Walks, Hiking, Forest Bathing, Foraging Excursions):
- Environmental & Terrain Risks: Uneven, slippery, steep, or unstable terrain; roots, rocks, mud, water hazards; potential for falls, slips, trips, strains, sprains, or other musculoskeletal injuries.
- Weather & Exposure: Exposure to sun, heat, cold, rain, wind, or other adverse weather conditions, leading to risks such as sunburn, hypothermia, or heat stroke.
- Natural Elements: Contact with insects (e.g., bees, wasps, mosquitoes, ticks), arachnids, or other wildlife; allergic reactions to plants (e.g., poison ivy/oak), pollen, or other natural materials.
- Foraging Specific Risks: Potential for misidentification of plants, fungi, or berries; cuts, scrapes, or punctures from tools, thorny plants, or other plant matter. These foraging activities may also include the preparation and consumption of foraged items. Risks associated with consumption include:
- Accidental ingestion of poisonous, harmful, or improperly prepared plants, fungi, or berries due to misidentification or other factors.
- Allergic reactions or sensitivities to wild or cultivated plants, fungi, or other natural materials, even if properly identified.
- Digestive upset or illness from consuming wild foods.
- Food Preparation & Cooking Demonstrations:
- Kitchen & Equipment Risks: Cuts from sharp tools (knives, graters), burns from hot surfaces, liquids, or steam; slips and falls on wet or uneven surfaces.
- Food Consumption (if applicable): While all ingredients are carefully selected and handled, there is always a minimal risk of allergic reactions or foodborne illness. I am responsible for informing Engaging Nature of any and all food allergies.
- Natural Dyeing Workshops:
- Material Risks: Skin irritation, allergic reactions, or staining from plant materials, mordants (even natural ones), or dyes.
- Workshop Environment Risks: Exposure to heat from dye baths or cooking apparatus; potential for spills, slips, and falls.
I willingly accept and assume full responsibility for any and all risks, hazards, and dangers, whether foreseen or unforeseen, associated with my participation in Engaging Nature Activities. Section 3: Your Health and Safety I certify that I am in adequate physical and mental health to safely participate in the chosen Activity(s) and that I have no medical conditions, injuries, or disabilities that would prevent or limit my participation. I understand that it is my responsibility to consult with a physician before participating in any activity, and if I have done so, I have followed my physician’s advice. I acknowledge that Engaging Nature reserves the right to refuse my participation in any Activity on medical, fitness, or any other grounds, for my safety or the safety of others. Crucially, I agree to immediately inform Engaging Nature staff of any relevant medical conditions, severe allergies (food, plant, insect, etc.), medications, or physical limitations that might affect my participation or require special attention during the Activity. In the event of an emergency, I authorize Engaging Nature staff to secure and administer first aid, and/or transport me to a medical facility for care, as they deem necessary. I understand that I am solely responsible for all medical expenses incurred on my behalf. Section 4: Taking Responsibility & Releasing Claims In consideration of being permitted to participate in Engaging Nature Activities, I, for myself, my heirs, executors, administrators, personal representatives, and assigns, hereby affirm that I have voluntarily chosen to participate and knowingly, voluntarily, and expressly: - Assume Full Responsibility: Agree to assume full responsibility for any risks, injuries (including serious bodily injury, permanent disability, paralysis, and death), or damages, known or unknown, which I might incur as a result of participating in the Activities. This includes those that may result from the negligence of any Released Party or anyone else.
- Waive Claims & Release Liability: Waive any "Claim" (as defined below) I may have against any Released Party that I may sustain as a result of participating in the Activities. I knowingly, voluntarily, and expressly waive any such Claim, even if it arises from the negligence of any Released Party or anyone else.
- Covenant Not to Sue: Forever release, waive, discharge, and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.
- Indemnify and Hold Harmless: Agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf. This includes any legal fees or expenses, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else.
"Claim" includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity. Section 5: Sharing Your Experience (Photos & Videos) I understand that Engaging Nature may, from time to time, photograph, video, or otherwise record activities and events. These images and videos may be (1) shared with fellow participants and (2) used for promotional, educational, and marketing purposes. I understand that I will not receive any compensation for the use of my image or likeness. Allowing the use my likeness is a wonderful way to support Engaging Nature. Section 6: Other Important Details - Governing Law: This agreement shall be construed in accordance with, and governed by, the laws of the State of Oregon. All actions, suits, claims, and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in Oregon.
- Severability: In case any provision of this agreement shall be held invalid, illegal, or unenforceable, it shall not affect any other provision of this agreement, and this agreement shall be construed as if such provision had never been contained herein.
Section 7: Your Understanding and Signature I acknowledge that I have carefully read this entire Engaging Nature Participant Release, Assumption of Risk, and Photo Consent agreement. I fully understand its contents, and I am aware that by signing this agreement, I am giving up substantial legal rights, including my right to sue, and certain legal rights my heirs, next of kin, executors, administrators and assigns may have against any Released Party. I voluntarily and knowingly agree to the terms and conditions stated herein. I confirm that I have had the opportunity to ask questions and seek legal advice if I desired before signing this document.
Today's Date: July 7, 2025 |