The Treeist, LLC. Recreational Activity Release of Liability, 

Waiver of Claims, Express Assumption of Risk

& Indemnity Agreement, and Photo / Video Release

 

THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY. 

 

By signing below, I hereby understand, affirm and acknowledge that the hazards and risks of physical exertion associated with participating in classes and events (collectively, the “Activities”) offered by The Treeist, LLC (“The Treeist”) on its property (the “Premises”) include, but are not limited to, the following:

 

- Risk of harm, injury, or death from: the Activities; acts of God; failure or malfunction of equipment; exposure to weather, elements, or excessive heat or cold; hypothermia or heatstroke; encountering natural and man-made hazards; uneven terrain; bending, breaking, or falling trees or tree limbs; attack by or encounters with or exposure to insects, reptiles, snakes, and/or other wild animals that kick, bite, sting or move in an unanticipated manner causing injury and/or death; theft; vandalism; risk of diminished reaction time and the increased risk of accident or injury to myself or others due to fatigue, chill, overheating and/or dizziness of myself or others; or other acts or omissions by me or others participating in the Activities. Injuries or harm that could result from the above include, without limitation, mental or physical injury, disease, death, or serious bodily injury. 

- Harm, injury, or death due to my own negligence and/or the negligence of others, including, but not limited to, contact with other participants and/or fixed or moving objects, instructor error or instructor decision making, and misjudgments relating to trees, equipment, terrain, or weather. 

- Risk of delayed or no medical treatment needed as a result of accidents or illness. I understand there are no trained medical personnel on staff with The Treeist. However, I authorize The Treeist to provide or authorize basic first aid and to seek medical attention, including calling 911.

 

I understand and acknowledge that the description of the risks above are not complete and that participation in the Activities may involve additional unknown or unanticipated risks that are not readily foreseeable at this time, but which could result in serious injury, illness, or death. In spite of such risks, I hereby assume with full knowledge all risks to me involved in participating in the Activities and take all responsibility for all liabilities, losses, costs, and damages I incur as a result of my participation in such Activities. 

 

Release of Liability & Indemnity

 

In consideration for being permitted by The Treeist to participate in the Activities on the Premises, I agree and covenant on behalf of myself and, as applicable, my below-identified participating child or other minor for whom I am the guardian, I will not directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against The Treeist or any owner, partner, member, manager, officer, employee, agent, successor or assign thereof, and anyone acting on their behalf (collectively, the “Released Parties”), or in any manner assert any further claim or demand against the Released Parties, that in any manner arise from or relate to the Activities or any equipment received and/or obtained from The Treeist. The undersigned, on behalf of myself, my spouse (if any), my child, any minor for whom I am the guardian, my heirs and successors in interest, now and forever hereby voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify the Released Parties from any and all claims, liabilities, penalties, losses, or expenses (including attorneys’ fees) for bodily or mental injury, emotional distress, property damage, wrongful death, loss of services or otherwise which may arise from or relate to my participation in the Activities, or the participation of my below-identified participating child or other minor for whom I am the guardian. I specifically understand that I am releasing, discharging and waiving any claims or action that I may have presently or in the future for the negligent acts or other conduct by the Released Parties. The undersigned likewise shall indemnify the Released Parties against any losses, costs or expenses, including attorneys’ fees, resulting from a breach of this agreement or, in the case of my below-identified participating child or other minor for whom I am the guardian, resulting from my child or other such minor seeking to recover damages from the Released Parties as a result of injury or harm from the Activities. This covenant applies and extends to any and all claims, liabilities, injuries, expenses, losses, damages, and causes of action that I do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future. The undersigned represents and warrants that they have considered the possibility that claims, liabilities, injuries, damages and causes of action may develop, accrue or be discovered in the future, and they voluntarily assume that risk as part of this agreement.

 

Declaration of Fitness

 

I hereby declare that I am in good health and sufficient physical condition to participate in the Activities and that I do not have any medical conditions, mental or physical, which could reasonably and foreseeably cause a dangerous situation to other persons or myself while participating in the Activities. I further acknowledge that I may decline to participate any further in the Activities at any time for any reason.

 

Photo / Video Release

 

I authorize the use of my appearance by The Treeist. I understand that I am to receive no compensation for any appearance. The Treeist shall have sole and complete ownership of the media capture. I authorize The Treeist to use photo, likeness, video and voice. I authorize The Treeist to make copies of the photographs and recordings (“media”) for purposes of education, promotion, marketing or advertising and consent to the use of such media for promotional and marketing purposes at the sole discretion of The Treeist. I further understand that I will inform The Treeist in advance if I choose not to be a part of any photo or video taken. 

 

 

I HAVE READ THIS AGREEMENT, I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN FREELY AND VOLUNTARILY WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE AND WITHOUT ANY INDUCEMENT.  

 

_____________________________________  

Printed Name of Participant

 

________________________________________________________________  

Signature of Participant (or guardian if participant is under 18 years old) 

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Date 

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