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In consideration of the services of Shinrin-Yoku Madison / Kate Bast LLC, 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 Shinrin-Yoku Madison / Kate Bast LLC, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. 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, Shinrin-Yoku Madison / Kate Bast LLC employees have difficult jobs to perform. They seek safety, but 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, incorrect information, and the equipment being used might malfunction.
2. 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.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Shinrin-Yoku Madison / Kate Bast LLC 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 Shinrin-Yoku Madison / Kate Bast LLC equipment or facilities, including any such claims which allege negligent acts or omissions of Shinrin-Yoku Madison / Kate Bast LLC.
4. Should Shinrin-Yoku Madison / Kate Bast 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 Shinrin-Yoku Madison / Kate Bast LLC I agree to do so solely in the Dane County, Wisconsin, 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. I acknowledge that these times are uncertain due to COVID-19, and have chosen to participate of my own accord and understand the risks of exposure, and the inability of Shinrin-Yoku Madison / Kate Bast LLC to control who else may be using the same outdoors space, or the methods they use or adhere to in order to protect themselves or others. I understand these potential interactions with others in passing may carry risk.
8. During these uncertain COVID-19 times, I agree to follow requests to wear masks, sanitize hands, stand at a distance of 10 feet, and other measures as requested by Shinrin-Yoku Madison / Kate Bast LLC during my forest bathing experience. I understand these are safety measures meant to protect both me and all who engage in the same walk as I am. I understand that Shinrin-Yoku Madison follows local and national safety protocols and requirements regarding COVID-19.
8.a. I acknowledge that I am responsible for my own actions, well-being and safety.
8.b. I acknowledge that the existence of a walk scheduled by Shinrin-Yoku Madison / Kate Bast LLC is not a confirmation of the safety of this and other activities during this global COVID-19 pandemic.
8 c. I certify that I am in good health and physical condition required to participate in this activity.
8.d. I certify that I am free of recognized COVID-19 symptoms.
8.e. I declare that I have not experienced symptoms of fever, fatigue, dry cough, including fever, body / aches, chills, or other symptoms related to COVID-19 or other communicable diseases within the last 15 days.
8.f. I declare that I have not been exposed to a family member or other individual exhibiting COVID-19 symptoms within the last 15 days.
8.g. I declare I have not, nor have member(s) of my household, tested positive for COVID-19 within the past 15 days.
8.h This waiver will remain effective until the laws of COVID-19 are eased, amended, or lifted.
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 Shinrin-Yoku Madison / Kate Bast LLC 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.