Goat Yoga -- Customer Waiver
I hereby acknowledge, on behalf of myself and the Minor Children, that the activities offered by Fischer Farm LLC, its parents, subsidiaries, affiliated companies, employees, agents and assigns (collectively, the "Company") including but not limited to general access, yoga, walking, animal interaction, exercise or any other gathering or activity organized and/or offered by the Company (collectively, the "Activities") entail known and unknown risks that could result in property damage or physical or emotional injury, including but not limited to broken bones, sprained or torn ligaments, paralysis, death or other bodily injury, to myself, the Minor Children and/or third parties. Additionally, I, on behalf of myself and the Minor Children: (i) expressly accept and assume all of the risks associated with the Activities; and (ii) acknowledge that I/we are participating in the Activities voluntarily in spite of the risks.
I hereby represent and warrant, on behalf of myself and the Minor Children, that I/we are fit to participate in the Activities and that such participation will not endanger myself/him/her or others. The Company reserves the right to decline to accept or to retain any person as should such person’s health, medical condition, physical infirmity or general deportment impede the operation of the
Company and the Activities or impair the rights, welfare, or enjoyment of the other guests of the Company. The Company reserves the right to cancel, advance, postpone or deviate from and alter the itinerary for the Activities at any time and without prior notice.
I agree, for myself and on behalf of the Minor children, to forever indemnify, defend and hold harmless the Company, the manufacturer(s) and supplier(s) from and against any and all losses, claims, damages, causes of action, expenses, injuries, liens or demands (collectively, the “Losses”) arising from or in connection with each participant’s conduct, whether such conduct is negligent, willful, direct or indirect, except to the extent that such Losses are directly caused by the gross negligence or willful misconduct of Company.
I agree, for myself and on behalf of the Minor Children, that under no circumstances, including negligence, shall Company, the manufacturer(s) and/or supplier(s) be liable to me, the Minor Children, my heirs or assigns, or any other participant, or any Minor Child's heirs or assigns, for any direct, indirect, incidental, special or consequential damages including lost profits, personal injury (including death) and property damage of any nature whatsoever resulting from my/our participation in the Activities or from my/our presence at the Company's facility.
By accepting and signing this Participation Contract, I hereby agree to the use of my name, voice and/or likeness and the use of the name, voice and/or likeness of the Minor Children, including but not limited to the use of photography or videos taken while at the Company facility, for the purpose of advertising, trade, or promotion in any media now or hereafter throughout the world in perpetuity for advertising and publicity purposes, without additional review, further compensation, permission or approval unless prohibited by law.
I HEREBY ACKNOWLEDGE AND AGREE, ON BEHALF OF MYSELF AND THE MINOR CHILDREN, THAT THIS PARTICIPATION CONTRACT IS GOVERNED BY THE LAWS OF THE COMMONWEALTH OF VIRGINIA AND ALL DISPUTES ARISING IN CONNECTION WITH OR INCIDENT TO PARTICIPATION SHALL BE LITIGATED, IF AT ALL, ONLY IN THE COMMONWEALTH OF VIRGINIA, TO THE EXCLUSION OF THE COURTS OF ANY OTHER STATE. I HEREBY WAIVE ANY VENUE, PERSONAL JURISDICTION OR OTHER OBJECTION THAT I MAY HAVE TO SUCH ACTION OR PROCEEDING BEING BROUGHT IN ANY COURT LOCATED IN THE COMMONWEALTH OF VIRGINIA. IN THE EVENT ANY PORTION OF THIS PARTICIPATION CONTRACT IS FOUND TO BE UNENFORCEABLE, THE REMAINING PORTIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
I HEREBY ACKNOWLEDGE AND AGREE, ON BEHALF OF MYSELF AND THE MINOR CHILDREN, THAT IN NO EVENT SHALL THE COMPANY'S LIABILITY HEREUNDER EXCEED $100, EXCEPT FOR THOSE LOSSES DIRECTLY ARISING FROM THE COMPANY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
By my signature below, I hereby certify that I am the parent or legal guardian of the Minor Children or that I have been granted the power of attorney to sign this Participation Contract on behalf of their parent or legal guardian, and that I have had sufficient opportunity to read and understand this Participation Contract.