RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK & INDEMNITY AGREEMENT

WARNING: PLEASE READ CAREFULLY BEFORE SIGNING! THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT OT SUE OR CLAIM COMPENSATION

I understand that each person participating in the Activity as a “Participant.” I am signing this on my own behalf and, if a Participant is under the age of 18, I am signing as the minor Participant’s parent or legal guardian.

Participant desires to participate in one or more Activities at Bodhi Farms located at 13624 S. Cottonwood Rd. Bozeman, MT 59718 and operated by Bodhi Hospitality, LLC (“Bodhi”) and agrees to the terms herein defined as the “Agreement”. 
I understand that certain recreational Activities, including but not limited to, yoga, camp activities, gardening, farming, touring, walking, hiking, biking, playing in the creek, water sports (including boating, canoeing, fishing, and swimming) tubing, sledding, sleigh rides, roller/ice skating, snow and cross country skiing, climbing, ropes/challenge courses, alpine slides, sightseeing, slack lines, bounce houses, orienteering, disc golf, archery, geocaching, and other recreational activities as well as any and all farm construction projects, playing with the farm animals, whether guided, self-directed or otherwise, including but not limited to, use of and all of the Bodhi’s facilities for any reason (the “Activities” or “Activity”), CAN BE HAZARDOUS AND PRESENT A RISK OF PHYSICAL INJURY OR DEATH. 
I understand that all Activities carry certain risks, inherent and otherwise, including but not limited to, injury or death caused by falling, equipment failure or improper use, the natural rugged environment, and the negligence of the activity operator, instructor, or other participants. In addition, each Activity carries certain unique risks, which include but are not limited to, injuries or death caused by: (a) collisions or entanglements with other people, ropes/cables, trees or branches, equipment, or natural or manmade objects, (b) rugged, steep, slippery, or otherwise dangerous terrain, (c) extreme weather, (d) open water, capsizing, swimming, drowning, and cold water immersion, (e) vehicle collisions, driver error and rollovers, (f) other natural or constructed features, such as bridges, ramps, berms, and bumps, and  (g) unmaintained or unmarked trails/roads or trail obstructions. I understand that the description of the risks in this agreement is not complete and voluntarily choose for Participant to participate in and EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS resulting therefrom, whether or not described here, known or unknown, inherent or otherwise.

I understand that one Activity provided is yoga, and that yoga specifically includes physical movements as well as an opportunity for relaxation, stress reduction and relief of muscular tension. Participation in yoga classes include, but is not limited to, participation in meditation techniques, yogic breathing techniques, and performing various postures. Yoga postures, or asanas, are designed to exercise every part of the body – stretching and toning the muscles and joints, the spine and the entire skeletal system. They also work on the internal organs, glands and nerves.  Yoga incorporates sustained stretching to strengthen muscles and increase flexibility.  Yoga is an individual experience. As is the case with any physical Activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated.  I understand that in yoga class I will progress at my own pace.  If I experience any pain or discomfort, I will listen to my body, adjust the posture and ask for support from the yoga teacher (the “Activity Operator”).  I will continue to breathe smoothly.  If at any point I feel overexertion or fatigue, I will respect my body’s limitations and I will rest before continuing yoga practice.  Yoga is not a substitute for medical attention, examination, diagnosis or treatment.  Yoga is not recommended and is not safe under certain medical conditions. I verify that Participant is physically fit to participate in yoga classes and a licensed medical doctor has verified Participant’s physical condition for participation in this type of class.  If I am pregnant or become pregnant or am postnatal, my signature verifies that I am physically fit to participate in yoga classes with my doctor’s full approval. I affirm that the Participant is responsible to decide whether to practice yoga and is fully aware of these risks. 

I agree to accept any equipment “AS IS” and WITH NO WARRANTIES, express or implied. I agree that the Participant listed on this form will be the only person using the equipment and will not use it until Participant has received and understands instructions on its use and function.

I hereby give the right to use my, as well as any below minor Participant’s photograph or video clip in all forms of media and in all manners, including composite or other representations, for brochures, advertising or any other lawful purposes, and I waive any right to inspect or approve the finished product.  

I verify that Participant is in good health and has no past or current condition that might affect my and their participation in any Activities.

I hereby consent for all below Participants to receive medical treatment that may be deemed advisable in the event of injury, accident and/or illness during any Activity. I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns.

IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE ACTIVITY, I AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE the activity operator, Bodhi, Bodhi Farms, Bodhi Hospitality, LLC, Bodhi Investments, LLC, Wanderlust Holdings, LLC, as well as all 3rd party contractors that we use in providing some aforementioned services each of their respective parent, affiliated, and subsidiary companies, equipment manufacturer, and each of their respective insurance companies, successors in interest, sponsors, agents, employees, representatives, assignees, officers, directors, and shareholders (each a “Released Party”) FROM ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from Activity participation, INCLUDING THOSE INJURIES AND DAMAGES CAUSED BY ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE (including failure to take responsible steps to protect against the risks of the Activity) OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. I agree to pay all costs and attorneys’ fees incurred by any Released Party in defending a claim or suit brought by me, on my behalf, or on behalf of the minor Participant.  I understand that this Agreement will apply for each and every day Participant engages in any Activity during the applicable operating season.  My signature further acknowledges that this waiver is binding on me, my heirs, my spouse, my children, my legal representatives, my successors and my assigns. 

In consideration for allowing the Participant to participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS RELEASES ALL CLAIMS, including those of which I am not aware, those not mentioned in this release and those resulting FROM ANYTHING WHICH HAS HAPPENED UP TO NOW.

I agree that ANY AND ALL CLAIMS FOR LOSS, INJURY AND/OR DEATH REGARDING AN ALLEGED INCIDENT SHALL BE GOVERNED BY THE LAW OF THE STATE OF MONTANA. 
If a minor Participant is participating in the Activity, I represent that I am the minor Participant’s parent or legal guardian and that I VOLUNTARILY GRANT PERMISSION FOR THE MINOR PARTICIPANT TO TAKE PART IN THE ACTIVITY. I acknowledge that I am signing this release on behalf of the minor and that THE MINOR SHALL BE BOUND BY ALL THE TERMS OF THIS RELEASE.  By signing this agreement without a parent or guardian’s signature, I represent that I am at least 18 years of age.  I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, arising from any misrepresentations in or fraudulent execution of this agreement.

This Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.  I hereby certify that I have read this Agreement and I fully understand its content.  I am aware that this is release of liability as well as a legally binding contract and I sign it of my own free will. 

Please review our Privacy Policy which can be found at www.bodhi-farms.com/privacy-policy 

Please review our Terms and Conditions which can be found at www.bodhi-farms.com/terms-conditions