Moonpath LLC PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK
In consideration of the services that Moonpath LLC provides, Moonpath LLC, and Erica Rhinehart and their agents, owners, officers, volunteers, participants, employees, independent contractors (including, but not limited to: Rebecca Wildbear), and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, and discharge Erica Rhinehart and Moonpath LLC on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that psychospiritual exploration, hiking, camping, backpacking, and other outdoor activities entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: Slipping and falling; falling objects; water hazards; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; equipment failure; and improper lifting or carrying. Although facilitators seek safety, they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in any activities in which I engage. My participation in these activities is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Erica Rhinehart and Moonpath LLC from any and all claims, demands, or causes of action, which are in any way connected with my participation in these activities or my use of equipment or facilities, including any such claims which allege negligent acts or omissions of the facilitators.
4. Should Erica Rhinehart and Moonpath LLC, or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against Moonpath LLC, I agree to do so solely in the state of Colorado, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7. COVID-19 ASSUMPTION OF RISK: I acknowledge that I have voluntarily elected to attend an in-person Moonpath LLC program during the novel coronavirus COVID-19 pandemic and understand gathering in groups poses risk of transmission of COVID-19. I acknowledge I have been following the recommended protocols to limit exposure to COVID-19 in the two weeks leading up to the program, in order to protect everyone involved with this program. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending the program and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 during the program may result from the actions, omissions, or negligence of myself and others, including, but not limited to, AVI guides (including Moonpath LLC assistants, apprentices, clan leaders, staff or other Moonpath LLC agents), program participants, and passerbys. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at the program ("Claims"). I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Moonpath LLC, its employees, contractors, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Moonpath LLC program.
8. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this program, I may be found by a court of law to have waived my right to maintain a lawsuit against Erica Rhinehart and Moonpath LLC on the basis of any claim from which I have released them herein.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against AVI on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. If you wish to sign this form with an electronic signature (type in your name below) and you agree that your electronic signature is your signed acknowledgment that you have read and agree to all of the stipulations listed above.
