Participant Agreement: Waiver of Liability and Release

Mountain Song Yoga, LLC

Yoga Hive Montana, LLC

150 Stageline Drive

Whitefish, MT 59937

Kindly Read and Check the Box of Each Section *

PLEASE READ CAREFULLY – BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER’S ORDINARY NEGLIGENCE THAT ARE A RESULT OF THE PROVIDER’S FAILURE TO EXCERCISE REASONABLE CARE.
In consideration of my participation in a Mountain Song Yoga, LLC, Yoga Hive Montana, LLC retreat and associated events and Activ¬ities (collectively referred to as “Retreat”) and the ser¬vices of Mountain Song Yoga, LLC, its agents, owners, officers, volunteers, participants, employees, sponsors, and all other persons or entities acting in any capacity on its behalf, as well as its successor and assigns (col¬lectively referred to as “MSY”), 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 dis¬charge MSY as follows:
1. Waiver of Liability and Release. Participant does hereby release and forever discharge MSY 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 involve¬ment in a Retreat. Participant understands that this Agree¬ment discharges MSY from any liability or claim that the Participant may have against MSY with respect to any bodi¬ly injury, personal injury, illness, death, or property damage that may result from Participant’s involvement in a Retreat, whether caused by the negligence of MSY, or otherwise. Participant also understands that MSY 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 MSY cannot eliminate, alter, or control these inherent risks. These Risks include those inherent in yoga activities, as well as those inherent in backcountry recreational activities.
2. Indemnification and Hold Harmless. Participant hereby agrees to indemnify and hold harmless MSY from any liability, claims, and causes in action, which are in any way connected to Participant’s involvement in a Retreat, or use of MSY facilities or equipment, including any such claims which allege negligent acts or omissions of MSY.
3. Medical Care. Participant does hereby release and forever discharge MSY 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 hereby certifies that he/she is physically fit, has trained sufficiently for participation in the Retreat and has not been advised otherwise by a qualified medical person. Participant agrees that MSY is not qualified to evaluate Participant or Participant’s fitness for involvement in the Retreat. Participant must determine if he or she is sufficiently fit to participate. Participant hereby expressly and specifically assumes the risk of injury or harm in the Participant’s involvement in the Retreat, including, but not limited to all Risks. Participant agrees that his/her involvement in the Retreat is purely voluntary, and Participant elects to participate in the Retreat in spite of the Risks.
5. Definitions. “Activities” include, but are not limited to the following activities which may be provided and/or sponsored by MSY: yoga, hiking, high altitude hiking, excursions, transportation in MSY or other vehicles, training, classes, instruction, traveling to and from the Retreat, 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, vehicular travel and traffic, road and trail conditions, known and unknown health conditions, allergies, sudden weather changes, rain, snow, wind, hail, lightening, high altitude or motion sickness, dehydration, heat stroke, 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, driver error, rider error, 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 he/she is responsible for his/her equipment and all personal property during the Retreat and that MSY 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 MSY all right, title and interest in any and all photographic images, video or audio recordings made by MSY during the Retreat, including but not limited to royalties, proceeds, or other benefits derived. Participant authorizes MSY 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 Montana 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 Montana. Venue for any legal action shall be in the state or federal courts of Flathead County or Montana as applicable.

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