Waiver

 

          Notice - By signing this waiver you may be waiving certain legal rights, including the right to sue. 

 

                           

                                                                     Release and Waiver of Claims; Indemnification Agreement

 

 

In consideration of being allowed to use the facilities and participate in programs and events at yoga hikes STL, the Participant, and the Participant’s parent(s) and legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:

 

 

  1. TO WAIVE ALL CLAIMS that they have against yoga hikes STL arising out of the Participants participation in the programs or the use of any equipment provided by yoga hikes STL . The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of yoga hikes STL its owners , affiliates, operators, employees, volunteers, agents, and officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct.

  2. TO ASSUME ALL RISKS of participating in the Programs and using the Equipment, even those caused by the negligent acts or conduct of yoga hikes STL, its owners, affiliates, operators, employees, volunteers, agents, and officers. The Participants and his/her Parents or legal guardian(s) understand that there are inherent risks of participating in the Programs, which may be both foreseen and unforeseen and include physical injury and death;

  3. TO RELEASE yoga hikes STL, its owners, affiliates operators employees, volunteers, agents, and officers from all liability for any loss, damage injury, death or expense that the Participants(or his/her next of kin) may suffer, arising out of his/her participation in the Program, Including while receiving instruction and or training;

  4. TO INDEMNIFY yoga hikes STL, its owners, affiliates, operators, employees, volunteers, agents and officers, from all liability for any loss, damage, injury, death or expense the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Programs and use of Equipment

 

 

The Participant, and the Participant parent(s) or legal guardian(s), if Participant is a minor, hereby to submit any dispute arising from participation in the Programs, for which Participants intends to sell damages in excess of $75,000.00 to binding arbitration. Submission shall be unlimited. For such disputes, there shall be a three-member arbitration panel, consisting of two party appointed arbitrators. The neutral arbitrator shall be an officer or director of any entity that operates an outfitter and guide or backpacking service in the United States. In the event that the two party appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, utilizing the selection criteria for the neutral a set forth above. Each party shall pay its own costs, including the costs associated with the party appointed arbitrator, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the county and state in which the Programs occurred shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve the matter. In the event the Participant , or the Participants parent(s) or legal guardian(s), if Participant is a minor, files a lawsuit in any court relating to, and or arising from, Participants participation in the Programs, Participant and/or the Participants parent(s) or legal guardian(s) by signing the document, stipulate to a cap on Participant’s damages of $75,000.00 exclusive of interest and costs. As a threshold matter, the Panel, or the Court (if lawsuit is filed), shall confirm whether the Waiver and Release contained in this Agreement are inferable under applicable law.

 

Photography/Videography Release

 

Participant hereby grants yoga hikes STL , its representatives and employees the right to take photographs and video of Participant in connection with Participants participation in the programs. Participant hereby authorizes yoga hikes STL to copyright, use and publish the same in print and or electronically. Participant hereby agrees that yoga hikes STL may use such photographs and video of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and web content.

 

 Personal Responsibility

 

The Participant certifies that he/she has no physical or mental condition that preludes 

him/her from participating in the Programs and that he/she is not participating against 

medical advice.

 

The participant understands that his/her participation in this Program is voluntary and further understands that he/she has the opportunity to inspect yoga hikes STL equipment and location before any participation.

 

The Participant understands that he/she is obligated to follow the rules of the program and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.

 

If, while participating in the Programs, the Participant observes any unusual hazard, which he/she believes jeopardizes his/her safety that of others , he/she will remove himself/herself from participation in the Programs and immediately bring said hazard to the attention of yoga hikes STL.

 

I,__________________________ (parent or legal guardian) hereby agree that I will explain to my child that the risk of injury while participating in the Programs can be reduced by following the rules and through the use of common sense and good judgement.

 

To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of this Agreement shall remain binding and available for use by yoga hikes STL and its counsel in any proceeding. 

 

 

 

 

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

 

 

 

 

 

Parents or Guardians must also sign if Participant is UNDER 18.

 

Participants Signature______________________________________________ Date_________________________

 

Parent/Guardians Signature:_________________________________________ Date_________________________

 

Phone Number:____________________________________ Email Address:________________________________