Lotus Retreats

Facilitated by Black River Performance Management and On Point Performance

Assumption of Risk, Waiver, and Release from Liability 

(The agreement)

I, the undersigned, hereby understand and unconditionally agree, on behalf of myself or, if I am signing this document on behalf of a person who is under the age of eighteen (18) (“Minor”), on their behalf as his/her Guardian, and my heirs, assigns, personal representatives and estate (or those of the Minor if I am his/her Guardian), to all of the terms set forth in this Release and Waiver of Liability and Indemnity Agreement (“Release”). This Release is for the benefit of Lotus Retreats (Black River Performance Management and On Point Performance) and their respective directors, officers, employees, trusts and agents.

In consideration of Lotus Retreats (Black River Performance Management and On Point Performance) services, premises and/or equipment to enable me to participate in the following kinds of activities: hiking, rock climbing, paddle boarding, kayaking, yoga, swimming and other water-based recreational activities, and any other activities offered by or through Lotus Retreats and whether or not located on any property owned or leased by Lotus Retreats, I, the undersigned hereby:

1. Acknowledge and agree that the Activities entail both known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to me, my property, or third parties. I understand such risks can only be eliminated with jeopardizing the essential qualities of each of the Activities. In addition, I acknowledge and agree that any use of any Lotus Retreat equipment, facilities or property not expressly authorized by Lotus Retreat staff will be considered an “Unauthorized Use” and is strictly prohibited.

2. I agree that all activities are based on the “challenge by choice" principle, and I expressly understand that I do not have to participate in any activity. I will withdraw from participation in any of the Activities which I deem to exceed my physical capabilities, skill level, and/or comfort level. The Activities create an inherent risk for injuries such as, but by no means limited to: slips, falls, free falling, heat stroke, heart attack, seizure, blindness, fractures, rope burn, drowning, pinches, scrapes, twists, jolts, strains, scratches, bruises, sprains, lacerations, fractures, concussions, stings, allergies, diseases, infection and other injury. I understand participating in a group activity subjects me to the conduct of other individuals and I may be exposed to the negligent acts and behavior of other persons and activity participants.

3. Expressly agree and promise to accept and assume all of the risks inherent in any Activities I participate in. My participation in each of the Activities is purely voluntary, and I elect to participate fully aware of the risks I am assuming.

4. To the fullest extent permitted by law, agree to indemnify, hold harmless and defend Lotus Retreats (Black River Performance Management and On Point Performance), its shareholders, affiliates, agents, directors, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (herein after collectively referred to as the "Lotus Parties") from and against any and all claims, losses, damages, expenses and other liabilities (including, but not limited to, court costs and attorney’s fees) arising out of or resulting in whole or in part from my participation in the Activities or any Unauthorized Use. I for myself and anyone entitled to act on my behalf, including, but not limited to my heirs and successors, hereby RELEASE, WAIVE AND FOREVER DISCHARGE the Lotus Parties from any and all claims, losses, damages, expenses and other liabilities of any kind arising out of my participation in the Activities or any Unauthorized Use even if such claims, losses, damages, expenses and other liabilities arise out of negligence or carelessness on the part of any or all of the of the Lotus Parties or any other participants.

5. Understand that Lotus Retreats does not provide medical insurance to participants in any Activities, and that I am solely responsible for any medical, health or personal injury costs related to my participation in any Activities or in connection with any Unauthorized Use. I further understand and agree that I assume the risk of any medical or physical conditions I may have and I will make said medical or physical conditions known to Lotus Retreats upon arrival on premises that may affect my ability to participate in any of the Activities safely. Suppose a medical emergency involving me occurs during any of the Activities or as a result of any Unauthorized Use. In that case, Lotus Retreats will attempt to contact my emergency contact listed below. Suppose that person cannot be reached or time does not permit. In that case, I hereby permit Lotus Retreats to contact emergency services for help, and give permission to a licensed physician or other licensed medical provider to provide proper treatment, including but not limited to hospitalization, injection, anesthesia and/or surgery. I hereby RELEASE, WAIVE AND FOREVER DISCHARGE the Lotus Parties from any and all claims, liabilities, causes of action, damages, demands, judgments, executions, liens and costs whatsoever in law or equity, including, without limitation, liability for death or bodily injuries to any person or damage to any property resulting from any (i) claims made against medical providers of emergency services under this authorization, or (ii) claims made against the Lotus Parties for obtaining emergency medical services for me pursuant to this authorization and waiver. Lotus Retreats strongly advises that all participants have adequate medical insurance coverage before participating in any Activities. 

6. Grant and convey to the Lotus Parties all right, title and interest I may have in any and all photographs, motion pictures, video recordings, and any other recordings made during or about any of the Activities, and the Lotus Parties shall have the right to exploit such recordings throughout the universe, an unlimited number of times, in perpetuity by any and all means and media, now known or hereafter invented.

Participants of Lotus Retreats are often encouraged to participate in activities, events, races and other group challenge activities which are run by independent third parties that are not affiliated with Lotus Retreats. Lotus Retreats assumes no responsibility for any such Other Activities and you agree that participation in such Other Activities will be entirely at your own risk, and that you will indemnify, hold harmless and defend the Lotus Parties from and against any and all claims, losses, damages, expenses and other liabilities (including, but not limited to, court costs and attorney’s fees) arising out of or resulting in whole or in part from your participation in Other Activities. 

I understand that this Waiver shall be governed under the laws of the state of Idaho. Any legal action arising hereunder shall be brought and decided exclusively by binding arbitration. If the Court finds any provision of this Waiver, or portion thereof, to be unenforceable, that provision of the Waiver will be enforced to the maximum extent permissible so as to effectuate the intent of the parties, and the remainder of this Waiver will continue in full force and effect.

I understand that Lotus Retreats (Black River Performance Management and On Point Performance) reserves the right, in its sole discretion, to accept or deny services to any person that its owners, agents, or employees deem a hazard to themselves or to others. Lotus Parties may terminate my participation in the activity, if it believes me to be incapable of following the instructions, meeting the safety requirements or the rigors of participating in the activity, including but not limited to, any medical or safety reasons. I specifically agree to release Lotus Retreats from any liability if I am prevented from participating in the activity for any reason whatsoever. Lotus Retreats may alter its published or announced requirements for participation in its activities and for use of its property at any time and for any reasons that it may deem appropriate.

I have had sufficient opportunity to read this entire document. I have read it, I understand it, and I agree to be bound by its terms. 

Please type your name to indicate that you read and agree with our waiver.