Assumption of Risk Release of Liability and Hold Harmless Agreement
Prosperity Acres, LLC (Michael W. and Mary T. Bowen) and the undersigned person (Participants, which shall include his/her self, survivors, spouse, family members, heirs, assigns, personal representatives, and successors in interest), agree as follows, in consideration for Operator allowing Participant to interact with Operator and its animals.
In consideration of being allowed to enter the Premises (as defined hereinafter) and engage in Goat to be Zen Yoga and related activities therein, the undersigned hereby agrees.
1. Acknowledgement and Assumption of Risks – Participant acknowledges that:
a. By signing this Release of Liability and Hold Harmless Agreement Participant expressly assumes any and all risks of injury, loss or death as outline below.
b. Handling, or merely being in the presence of animals, is inherently dangerous and subjects Participant to the risk of serious bodily injury and/or death, and both animal and handler (Operator) can be injured or killed in normal, non-negligent activities, such as petting and other activities involving animal handling, and emergency medical services. Said premises is 5811 Sunderland Court, Sunderland, MD 20689 Prosperity Acres, LLC.
2. Liability of Release and Waiver
c. The undersigned releases and waives all claims of liability, injury, damage, and loss that may arise from or relate to goat yoga, and related activities. This liability release and waiver shall encompass and extend to claims against the following persons and entities (hereinafter referred to as the “Release and Indemnified Parties)
Prosperity Acres, LLC 5811 Sunderland Court, Sunderland, MD 20689
Michael W. Bowen 5811 Sunderland Court, Sunderland, MD 20689
Mary T. Bowen 5811 Sunderland Court, Sunderland, MD 20689
Legal Disputes Release of Operator Liability, Participant hereby agrees to indemnify and hold harmless and defend the released and indemnified parties while on this premises (which term, in this paragraph, includes its employees, offers, members, survivors, heirs, assigns, personal representatives, successors in interest, franchisees, subsidiaries, affiliates, directors, and agents, and releases it forever from any liability, including costs and attorney’s fees of defense therefrom, arising from or connected to any activity, incident, accident, damage, injury, or illness to Participant or Participant’s invitees, and to the property of any of them, including any liability arising from negligent acts or omissions of Operator. This Release and Hold Harmless Agreement does not apply to gross negligence or intentional wrongdoing by Operator. Participant hereby waives the protection afforded by any statute or law, in any jurisdiction, whose purpose, substance and or effect is to provide that a general release shall not extend to risks or claims, material or otherwise, which the person giving the release does not know of or suspect at the time of executing release. Participant further understands and agrees that any dispute arising from Participants activities involving Operator shall be resolved by binding arbitration under the rules of the American Arbitration Association and shall be governed by Maryland Law. This contract shall be deemed to have been mutually drafted and to be a Maryland instrument. In the event of a legal dispute arising from or related to this contract no party may initiate a civil action until after all parties have first participated in a four-hour mediation conference before a qualified mediator. Any dispute arising hereunder may be judicially resolved only in a Maryland court, and the parties agree to jurisdiction and venue in such court. In event of default or material breach of this contract either party, the non-breaching party shall be entitled to recover from the defaulting or breaching part, in addition to any other damages set forth herein, its reasonable attorney’s fees and costs expended in the enforcement of its rights hereunder. This contract is non-assignable and non transferable; is made and entered into in the State of Maryland, whose laws shall govern its interpretation and enforcement; and uses paragraph titles for convenience only and not as part of the substances of any paragraph. When Operator and Participant sign this agreement it shall thenceforth be forever binding upon them.
I have read, and I do understand, the above-described risks and I voluntarily sign this Release on behalf of myself, intending to be legally bound. By signing this contract the parties consent to the terms and conditions set forth herein.