Everwild Waiver

RELEASES to Go Everwild LLC, Go Everwild Market LLC, FROM LEGAL LIABILITY FOR ITS OWN NEGLIGENCE AND THE NEGLIGENCE OF OTHERS ACKNOWLEDGMENT OF RISKS

I, the undersigned, acknowledge and understand that participating in activities offered by Go Everwild LLC, Go Everwild Market LLC, including but not limited to hiking tours, yoga and painting classes, kayaking, and tube rentals, both on-site and off-site, involves inherent risks. These activities are inherently dangerous and may result in physical injury, illness, or even death. The risks include, but are not limited to:

1. Physical Exertion and Injuries: Risks include but are not limited to cuts, bruises, sprains, fractures, concussions, heat exhaustion, heart attacks, and other bodily injuries or medical conditions.

2. Natural Hazards: Exposure to weather conditions, natural terrain, insects, plants, wildlife, and other environmental hazards.

3. Water Activities: Drowning, hypothermia, waterborne illnesses, and accidents involving kayaks and tubes.

4. Equipment Use: Malfunctions or misuse of equipment leading to injuries.

5. Transportation: Risks associated with traveling to and from activity sites, including vehicle accidents.

Kayaking and Tubing:

1. Life Jackets: Participants must wear a U.S. Coast Guard-approved life jacket at all times while on the water, ensuring it is properly fastened and fits securely.2. Safety Briefing: Attendance at the mandatory safety briefing before engaging in activities is required. Pay close attention to all instructions and ask questions if anything is unclear.3. Group Participation: Never kayak or tube alone. Always participate in pairs or groups to ensure mutual support and safety.4. Substance Use: Abstain from consuming alcohol or drugs before and during kayaking or tubing activities, as they impair judgment and reaction times.5. Weather Awareness: Continuously monitor weather conditions and water levels. Do not participate in activities during adverse weather such as storms, high winds, or heavy rain.6. Medical Conditions: Participants with medical conditions that may be aggravated by strenuous activity should refrain from participating. Always consult with a healthcare professional if unsure.7. Water Hazards: Stay vigilant for water hazards including rocks, swift currents, and submerged obstacles. Navigate these carefully and follow guides' instructions.8. Communication: Carry a whistle or other signaling device to alert others in case of an emergency. Ensure it is easily accessible.9. Proper Gear: Wear appropriate clothing and footwear designed for wateractivities to ensure safety and comfort. This includes quick-drying, UV-protective clothing and water shoes with good grip.

Yoga:

1. Medical Disclosure: Inform the instructor of any pre-existing injuries or medical conditions prior to the start of the class to receive appropriate modifications and avoid injury.2. Instruction Adherence: Follow the instructor’s guidance closely. Do not push your body beyond its limits; modifications are available for all skill levels.3. Appropriate Clothing: Wear suitable, non-restrictive clothing that allows for full range of movement without hindrance.4. Equipment Use: Use mats and other provided equipment as instructed to prevent slips, falls, and other injuries. Ensure equipment is in good condition before use.5. Hydration and Breaks: Stay hydrated by drinking water before, during, and after the class. Take breaks as needed and listen to your body’s signals.6. Environment: Ensure the practice area is clear of obstacles and hazards to prevent accidents. This includes securing personal belongings and ensuring there is ample space around your mat.

Hiking:

1. Footwear and Clothing: Wear appropriate footwear and clothing suited to the terrain and weather conditions. Footwear should provide good ankle support and traction.2. Supplies: Carry sufficient water, food, and emergency supplies including a first aid kit, map, and navigation tools. Prepare for unexpected situations.3. Trail Adherence: Stay on marked trails and respect restricted areas. Familiarize yourself with the trail map and follow established paths to minimize environmental impact and avoid getting lost.4. Wildlife Precautions: Be prepared for potential wildlife encounters. Learn how to react to different types of wildlife and carry necessary deterrents as advised.5. Communication: Inform a friend or family member of your hiking plans, including the trail you will take and your expected return time. Consider carrying a communication device such as a phone or a satellite messenger.6. Group Hiking: Never hike alone. Always hike in pairs or groups for safety, support, and in case of emergency.

RELEASE AND WAIVER OF LIABILITY

In consideration of being allowed to participate in activities offered by Go Everwild LLC, Go Everwild Market LLC,I, for myself, my heirs, executors, administrators, successors, and assigns, hereby release, waive, discharge, and covenant not to sue Go Everwild LLC, Go Everwild Market LLC, its owners, officers, employees, agents, contractors, and affiliates (collectively, the “Releasees”) from any and all liability, claims, demands, actions, or causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activities, regardless of whether such loss is caused by the negligence of the Releasees or otherwise.

INDEMNIFICATION AND HOLD HARMLESS

I also agree to indemnify, defend, and hold harmless the Releasees from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees, brought as a result of my involvement in these activities and to reimburse them for any such expenses incurred.

MEDICAL AUTHORIZATION

In the event of an emergency, I authorize Go Everwild LLC, Go Everwild Market LLC, to secure from any licensed hospital, physician, and/or medical personnel any treatment deemed necessary for my immediate care, and I agree that I will be responsible for payment of any and all medical services rendered.

PHOTO AND VIDEO RELEASE

I hereby grant Go Everwild LLC, Go Everwild Market LLC, permission to use my likeness in photographs, videos, or other digital media (“photos”) taken during activities for use in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of Go Everwild LLC, Go Everwild Market LLC, and will not be returned.

SEVERABILITY

I further expressly agree that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Ohio and State of West Virginia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

GOVERNING LAW

This release and waiver of liability shall be governed by and construed in accordance with the laws of the State of Ohio and State of West Virginia.

By participating in activities and renting equipment from GoEverwild LLC, Everwild Market LLC I acknowledge and agree that I am responsible for the care, use, and return of all rented equipment, including but not limited to kayaks, paddles, life vests, and other accessories. I understand that all equipment must be returned in the same condition in which it was provided. I agree to allow Everwild to inspect all rented equipment upon return. In the event of any loss, damage, or excessive wear to the equipment, I accept full financial responsibility for repair or replacement costs as determined by Everwild staff.

PARENT/GUARDIAN CONSENT (IF PARTICIPANT IS UNDER 18)

I, the undersigned, as the parent or legal guardian of the minor participant, consent to the minor’s participation in activities offered by Go Everwild LLC. I agree to all terms and conditions stated in this waiver and release of liability and assume full responsibility for any risks, injuries, or damages associated with the minor’s participation. I also agree

to indemnify and hold harmless the Releasees from any claims that are brought by, or on behalf of, the minor participant.

ACKNOWLEDGMENT OF UNDERSTANDING

I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. This acknowledgment applies to all activities listed above, and I understand that by signing below, I agree to the entirety of this document regardless of the specific activity in which I participate.