In consideration of my participation in a Dragonfly Hot Yoga, LLC, retreat and associated events and Activities (collectively referred to as “Retreat”) and the services of Dragonfly Hot 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 (collectively referred to as “DFLY”), 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 DFLY as follows:
1. Waiver of Liability and Release. Participant does hereby release and forever discharge DFLY 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 DFLY from any liability or claim that the Participant may have against DFLY 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 DFLY, or otherwise. Participant also understands that DFLY 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 DFLY cannot eliminate, alter, or control these inherent risks. These Risks include those inherent in yoga activities, hiking, golfing or other physical activities, as well as those inherent in travel, shopping, and tourist activities.
2. Indemnification and Hold Harmless. Participant hereby agrees to indemnify and hold harmless DFLY from any liability, claims, and causes in action, which are in any way connected to Participant’s involvement in a Retreat, or use of DFLY facilities or equipment, including any such claims which allege negligent acts or omissions of DFLY. DFLY is not responsible for any injury or costs associated with Participant’s involvement or defense of any illegal activities during the Retreat.
3. Medical Care. Participant does hereby release and forever discharge DFLY 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 DFLY 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 DFLY: yoga, hiking, golfing, walking, swimming, wine tasting excursions, transportation in DFLY 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 or medical emergencies, allergies, sudden weather changes, rain, tides/currents, wind, hail, lightning, earthquakes, wildfires, high altitude or motion sickness, dehydration, heat stroke, snake bite, bee and other insect stings and/or bites, wild and domestic animals, swimming, tripping or falling, 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, hiking, or golfing 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, earthquakes, condition, equipment, actions of other people including, but not limited to, participants, volunteers, spectators, and teachers.
Risks inherent in other included activities are dangers or conditions that are an integral part of tourist activities, including but not limited to injury or death from slipping, falling, drowning, sudden weather/ocean/tide/current changes, actions of other people, weather, earthquakes, heatstroke, dehydration, food or alcohol poisoning or allergy, or vehicular accidents.
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 DFLY 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 DFLY all right, title and interest in any and all photographic images, video or audio recordings made by DFLY during the Retreat, including but not limited to royalties, proceeds, or other benefits derived. Participant authorizes DFLY 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 Wisconsin 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 Wisconsin. Venue for any legal action shall be in the state or federal courts of Dane County or Wisconsin as applicable.