PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
Dear Esteemed Guests,
By having you here we are bringing you into our life and we trust that you will be responsible for yourself and your body. We also trust that you will not sue us or take legal recourse if you are hurt while you are here. This is a rural farm and wilderness property and as such you are subject to the risks associated with such places. You must take care of yourself.
We are putting our life and everything we have built up here on the line to have you here, so we can share in the knowledge of the earth. You can trust that we will do our best to make your stay safe and enjoyable.
By registering to attend a workshop you agree to the following:
I confirm that I am in good health. I understand that such activities are often physically and emotionally demanding. I further understand that I voluntarily choose to participate in the activities and accept and assume the risk of bodily injury, death or property damage occurring while participating in them notwithstanding such risks and dangers.
I undertake to abide by the rules, directives and guidelines of The Sacred Gardener and to indemnify their directors, their partners, volunteers and their personnel from any loss, damage, injury or death caused as a result of my actions, deliberate or otherwise.
I assume full responsibility for all risks and other eventualities, and so doing hereby release and forever discharge directors, their partners, volunteers and their personnel from any and all claims, demands, actions, and causes of action related to or that occur out of my participation in a Sacred Gardener program or while travelling to and from the location of same.
In executing this agreement, I acknowledge that I have fully read and understood its terms and consequences, that I have the right to legal advice and that I am signing same on my own free will and volition and not being under any undue pressure or duress to do so.
Thank you for your cooperation,
Megan and Steven
In consideration of the services of The Sacred Gardener, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, and discharge The Sacred Gardener, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that outdoor activities in natural areas 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), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; consumption of food or drink; equipment failure; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity.
Furthermore, The Sacred Gardener’s agents have difficult jobs to perform. They seek safety, but 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, incorrect information, and the equipment being used might malfunction.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless The Sacred Gardener from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of The Sacred Gardener equipment or facilities, including any such claims which allege negligent acts or omissions of The Sacred Gardener.
- Should The Sacred Gardener 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.
- 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.
- In the event that I file a lawsuit against The Sacred Gardener I agree to do so solely in Ontario, and I further agree that the substantive law of that province shall apply in that action without regard to the conflict of law rules of that province. 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.
By participating in any event, workshop or service offered by The Sacred Gardener, 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 The Sacred Gardener 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.