TreeHouse Rental Waiver

Required Reading and Agreement Before Booking

By Purchasing a Private Treehouse Event, I have agreed to the following. 

BECKY’S MINDFUL KITCHEN WAIVER AND RELEASE 

In consideration of participating in Becky’s Mindful Kitchen (BMK) activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence BMK and its owners, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:

  1. I acknowledge that participating in BMK activities involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, broken bones, torn ligaments or other injuries as a result of falls or contact with other participants; death as a result of drowning or brain damage caused by near drowning in ponds or creeks; (there is a pond on the neighboring property to BMK and shallow creek beds on BMK) medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity. 
  2. I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
  3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees 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 their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees 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.
  4. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
  5. In the event that I file a lawsuit, I agree to do so in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.
  6. 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. “By participating in BMK activities , I agree to release BMK, from claims of negligence for bodily injury or death in connection with activities on BMK property, and from any liability for other claims, including loss of property, to the fullest extent of the law.”
  8. I agree to comply with Covid safety rules outlined by BMK and not attend events if exposed to Covid.  
  9. I agree not to attend a BMK event or send my child to BMK if a fever, diarrhea or vomiting has been present in the last 24hr. 
  10. I agree to inform BMK of any allergies (food or other) prior to attending an event at BMK and understand that I may need to bring my own ingredients.  

RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

Activities included but not limited to: Farm animal interactions, treehouse, timber adventures, ninja obstacle course, cooking classes (oven, stove and knife use), obstacle course, trail hiking, pizza oven, zipline, rock climbing, fire starting, hatchet use, knife use, bugs, animals.

The above list is not intended to be and is not exhaustive. There may be BMK activities the undersigned participates in which are not listed above; but said activities are intended to be and are included in the terms and conditions of this release.

By signing this document, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.

Further, I grant BMK permission to use photos and/or videos of myself and/or my family taken during BMK activities to be used in its promotional materials, locally and nationally.  

I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.

Signature________________________ Print Name________________________ DOB____________ Address ___ City State Zip Telephone ( ) Date _____

PARENT OR GUARDIAN ADDITIONAL AGREEMENT (Must be completed for participants under the age of 18)

In consideration of_________________________________________________________________________________________________________________________________________________________________________

-(PRINT minor’s names) – being permitted membership current or new or to participate in activities, I further agree to indemnify and hold harmless Releasees from any claims alleging negligence which are brought by or on behalf of minor or are in any way connected with such participation by minor.

Parent or Guardian _________________ Print Name __________________ Date _____

   

 

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