Waiver of Liability & Release Agreement
In consideration of my participation in a TrailBliss Mindfulness Retreat, retreat and associated events and activities (collectively referred to as “Retreat”) and the services of TrailBliss, its officers, volunteers, participants, employees, sponsors, and all other persons or entities acting in any capacity on its behalf (collectively referred to as TrailBliss), I, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate (collectively referred to as “Participant”), hereby agree to release and discharge TrailBliss as follows:
1. Waiver of Liability and Release
Participant does hereby release and forever discharge TrailBliss from any and all liability, claims, and causes in action, which arise or may hereafter arise or are in any way connected to Participant’s involvement in a Retreat. Participant understands that this Agreement discharges TrailBliss from any liability or claim that the Participant may have against TrailBliss with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Participant’s involvement in a Retreat, whether caused by the negligence of TrailBliss, or otherwise. Participant also understands that TrailBliss does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness. Participant understands and acknowledges that the activities in which Participant will voluntarily engage in at a Retreat bear certain known inherent risks that contribute to the unique character of these activities, and that TrailBliss cannot eliminate, alter, or control these inherent risks. These risks include those inherent in yoga activities and outdoor activities.
2. Indemnification and Hold Harmless
Participant hereby agrees to indemnify and hold harmless TrailBliss from any liability, claims, and causes in action, which are in any way connected to Participant’s involvement in a Retreat, or use of TrailBliss facilities or equipment, including any such claims which allege negligent acts or omissions of TrailBliss.
3. Medical Care
Participant does hereby release and forever discharge TrailBliss from any liability, claims, and causes in action that arise or may hereafter arise on account of any first aid, treatment, or service rendered or not rendered in connection with the Participant’s involvement in a Retreat.
4. Certification and Assumption of Risk
Participant agrees and acknowledges that Yoga involves physical movements and activity and can be physically and mentally challenging, and therefore bears risk of injury, illness, and even disability and/or death. Participant accepts all risks of participating in Yoga and assumes full responsibility for any and all injury, illness, and/or damages caused by their participation in Yoga. During Yoga, if Participant experiences any pain or significant discomfort, they agree to listen to and honor their body, discontinue the activity, notify Instructor immediately, and seek medical attention from a licensed physician.
Participant understands and agrees that their participation in Yoga, in each class and in each pose, is voluntary, in their sole discretion, and at their own risk. Participant warrants that they understand their physical limitations and that they are sufficiently self-aware to stop or modify a pose or recommendation before they become injured or ill or aggravate a pre-existing condition. Participant understands that the Instructor is not a licensed physician, nor a medical professional of any kind, and therefore will not and cannot give them medical advice. Participant agrees that the instructor has no duty to provide them with medical advice or care (including CPR) during Yoga. Participant also understands that nothing said by the Instructor should be construed as medical advice. Participant understands that during the Retreat, the instructor may touch them and may give them physical assistance from time to time, and that before each class, it is their responsibility to let the instructor know if they do not want to be touched or assisted.
5. Definitions
“Activities” include, but are not limited to the following activities which may be provided and/or sponsored by TrailBliss: yoga, meditation, breathwork, nature walks, music workshop, and all other activities associated with the Retreat.
“Risks” include, but are not limited to those known risks inherent to the Activities specifically listed below, trail conditions, known and unknown health conditions, allergies, sudden weather changes, rain, snow, wind, hail, lightening, dehydration, hypothermia, snake bite, bee and other insect stings and/or bites, wild and domestic animals, inaccessibility to immediate medical attention, falling rocks and trees, equipment failure, Participant error, food provided, facilities, actions of other people, and acts of God.
Risks inherent in yoga activities are dangers or conditions that are an integral part of yoga activities, including but not limited to minor muscle strains, muscle sprains, bruises, abrasions, post-exercise muscle soreness, joint injuries, torn muscles, heat-related illnesses, broken bones, ACL injuries, back injuries, stroke, heart attack, paralysis, death, and injury or death caused by any of the following: equipment that breaks or otherwise fails, slips and falls, lack of nutrition or hydration, negligence on the part of Participant or other people around Participant, terrain, facilities, temperature, weather, condition, equipment, actions of other people including, but not limited to, participants, volunteers, spectators, and teachers.
6. Personal Property
Participant acknowledges and agrees that she is responsible for her personal property during the Retreat and that TrailBliss is not responsible in any way for such property whether it is lost, stolen or damaged.
7. Photographic Release
Participant does hereby grant and convey unto TrailBliss all right, title and interest in any and all photographic images, video or audio recordings made by TrailBliss during the Retreat. Participant authorizes TrailBliss to use such images, words, and likenesses for marketing, on websites, in brochures or other writings and any for any other legitimate purpose.
8. Interpretation and Governing Law
This document shall be construed broadly to provide a release and waiver to the maximum extent permitted under Washington law. If any portion of this document shall be held as invalid it is agreed that the balance shall continue to be in full force and effect. This document shall be governed by the laws of the State of Washington. Venue for any legal action shall be in the state or federal courts of King County or Washington as applicable.
My registration for a Retreat is my explicit agreement to this waiver.