Personal Injury Release and Waiver of Liability
Mindfulness and Forest Bathing Walks, Events, Classes, and Programs
This Liability Waiver is for participation in all Friends of the Forest programs.
Prior to participation in any Friends of the Forest program, we must receive confirmation that you have accepted the below terms.
Since mindfulness means directing your attention, on purpose, into your moment by moment lived experience, you may notice feelings, sensations, and thoughts that bubble up. In any Friends of the Forest offering, you can always choose to change the invited practice, or skip it, to support yourself. You know your brain-body best.
By signing up for and/or attending classes, events, activities, and other programs operated by Friends of the Forest, Inc. you hereby acknowledge on behalf of yourself, your heirs, personal representatives, and/or assigns, you 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. You acknowledge that some of these risks cannot be eliminated without jeopardizing the essential qualities of the activity, regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but may range from: 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; your own physical condition, and the physical exertion associated with this activity. You have read and thoroughly understand the instructions that are posted on the Friends of the Forest Website. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff and any park, or other land-use officials.
Waiver: In consideration of being allowed to participate in any Friends of the Forest programs, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to Friends of the Forest’s programs, (2) release, discharge, protect, defend, indemnify and hold harmless Friends of the Forest Inc., its affiliates and related entities, officials, staff, representatives, officers, directors, shareholders, employees, agents, assigns and consultants and each of their respective successors and assigns and all others, from and against, any and all claims, actions, liabilities, damages and expenses (including reasonable attorneys’ fees and court costs) whatsoever to the fullest extent allowed by law, arising out of or in any way related to your participation in Friends of the Forest programs or use of any Friends of the Forest Service, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly participating in any of Friends of the Forest’s programs, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in Friends of the Forest’s programs, and should not be participating.
Arbitration Agreement: You have read and thoroughly understand and agree to be bound by the arbitration agreement ("Arbitration Agreement”) contained in Friends of the Forest’s Terms of Use, which may periodically be updated, and is expressly incorporated herein. You and Friends of the Forest agree to submit any and all Disputes (as defined in the Terms of Use) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of the Arbitration Agreement.
YOU AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES RELATED TO YOUR PARTICIPATION IN A FRIENDS OF THE FOREST PROGRAM WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THE ARBITRATION AGREEMENT.
Choice of Law: The Terms are governed by the laws of the State of Connecticut, without regard to Connecticut’s choice of law provisions. Except as provided above as to those Disputes you or Friends of the Forest Inc. submit to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), any Disputes must be brought in Connecticut.
Warranty Disclaimer and Limitation of Liability: IN NO EVENT SHALL FRIENDS OF THE FOREST INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER EVEN IF FRIENDS OF THE FOREST INC. WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, resulting from your use of the Website, or on any other linked/third-party website, your purchase of Friends of the Forest events, walks, or classes, your rights to cancel your purchase of Friends of the Forest events, walks or classes, your registration for events, walks, or classes, your purchase of merchandise, your communication with Friends of the Forest, and your use of and attendance at Friends of the Forest events, walks, or classes, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Friends of the Forest Inc. expressly advised of the possibility of such damage. All information, goods, services, products, and experiences are provided by Friends of the Forest on an "as is" basis only. The entire risk as to the quality and performance of any goods, services, products, and experiences remains with you. Should the goods, services, products, and/or experiences prove defective after purchase, you assume the entire cost of such defect. Friends of the Forest Inc. provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
I understand and agree to all the terms and conditions as stated in the Friends of the Forest’s Terms and Conditions and this Registration Form. Friends of the Forest’s Terms and Conditions (i) constitute the full understanding of myself and Friends of the Forest; (ii) cannot be modified except in writing signed by an authorized representative of Friends of the Forest; and (iii) shall apply to each and every Friends of the Forest program I now and in the future, without regard to whether I sign a Registration Form or any other agreement therefore unless, and until such time as, these Friends of the Forest Terms and Conditions are modified, and/or are superseded by subsequent terms and conditions, as set forth in writing and signed by an authorized representative of Friends of the Forest. I understand and agree that Friends of the Forest reserves the right to videotape, photograph, and/or otherwise record any of its classes, walk, or other events, and Friends of the Forest may use any such video, photograph or other sound or image in I appear for training, promotional material or advertising purposes, including on the Friends of the Forest web site and brochures and that the sole rights to these videos, photographs, images, and sounds belong to Friends of the Forest.
COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. It is believed that an individual can be infected with COVID-19 without their knowledge and be asymptomatic. Friends of the Forest Inc. has put in place preventative measures to reduce the spread of COVID-19. However, Friends of the Forest cannot guarantee that I or anyone else will not become infected with COVID-19, including my spouse, guests, unborn child, or relatives. Participation in a program(s), related event, or activity, could increase the risk of contracting COVID-19. By signing this agreement, I ACKNOWLEDGE the contagious nature of COVID-19 and VOLUNTARILY ASSUME THE RISK that I may be exposed to or infected by COVID-19 by participating in a Friends of the Forest program(s), related event, or activity, and that such exposure or infection may result in personal injury, illness, permanent disability, and death to myself, my spouse, guests, unborn child, or relatives. I understand that the risk of becoming exposed to or infected by COVID-19 at a Friends of the Forest program(s), related event, or activity may result from the actions, omissions, or negligence of myself or others, including, but not limited to, Friends of the Forest employees, volunteers, and program participants. I UNDERSTAND AND VOLUNTARILY ACCEPT AND ASSUME ALL the foregoing risks related to COVID-19 and accept sole responsibility for any injury or illness that may occur. Further, I UNDERSTAND AND AGREE that this release includes any Claims based on the actions, omissions, or negligence of Friends of the Forest, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Friends of the Forest program(s), related event, or activity.
By signing this waiver electronically, I agree to the above terms and conditions, including the Covid-19 waiver. *
I acknowledge that I have read this release and sign it voluntarily. I will let the walk guide know of any limitations or disabilities that need accommodation for appropriate planning in order for me to participate in ADA-accessible Activities. In consideration of my participation in the Activities, I agree as follows:
I acknowledge that Friends of the Forest and its representatives are not licensed psychotherapists and the content of these Activities, including mindfulness practice and forest bathing, is for learning - it is not a substitute for professional medical or psychological advice, diagnosis, or treatment. I will seek the advice of my physician, therapist, or other qualified health providers with questions I have regarding a mental health or medical condition.