Assessing appropriate levels of risk for me (and/or my minor child) on any given day is a desirable and unavoidable aspect of living a blessed, stoked life; and knowing that, the guarantee of safety is something neither Zoy! Adventures, nor anyone else, can promise or ensure. Knowing that, Zoy! Adventures wholeheartedly endorses accepting personal responsibility to check equipment (i.e. brakes on bicycles, Velcro on leashes, etc), to understand the use of equipment safety devices prior to use (i.e. bicycle helmets, quick release leashes, personal flotation devices), and to participate safely in all activities organized by Zoy! Adventures through the calendar year as of the date of this signing.

I,for myself, or on behalf of a minor child (hereinafter “Minor”), hereby acknowledge that I agree to participate in Zoy! Adventures (hereinafter “Zoy!”) including, but not limited to, membership; virtual sessions; custom or group adventure sessions; equipment rental; serving as a volunteer or participant or any other activity / session (hereinafter collectively “Sessions”) owned, organized, or operated by Zoy!. I understand there are certain risks of injury in participating in Zoy! Sessions, but even though those risks exists, I want to participate in, or want the Minor to participate in, Zoy! Sessions.

In consideration of Zoy! permitting me or the Minor to participate in Zoy! Sessions, I hereby agree to the following terms and conditions:

1. I am an adult, 18 years of age or older, and mentally competent;

2. I am a parent or legal guardian of the Minor (if applicable);

3. I reasonably believe I, or the Minor, is physically capable of participating in Zoy! Sessions; I understand the physical reactions to exercise, and that outdoor activity that may use, (or may not use) equipment may include accidents, equipment failure, heart-related illness, abnormal heartbeats, abnormal blood pressures, and in rare instances, heart attacks, and I recognize and assume these risks; and that I, or the Minor, have consulted with a physician prior to Sessions;

4. I understand the use of Zoy’s! equipment and property involves some risks. I want to participate in, or want the Minor to participate in, Zoy! Sessions, and, I, individually or on behalf of the Minor, accept and assume the risks relating to participating in Zoy! Sessions, including the risk of personal injury, death, or health related injury; I, on behalf of myself or Minor, accept responsibility to replace or pay repairs of missing or damaged equipment cause by me or Minor;

5. I understand the possible risks associated with participating in Zoy! Sessions. No promises or guarantees have been made to me in this regard by Zoy!, or others who may be associated with Zoy!;

6. I acknowledge that, to the best of my knowledge, I, or the Minor, is physically, mentally, and emotionally able to participate in Zoy! Sessions, without any undue or unusual risk to myself, the Minor, or others;

7. I agree to indemnify and hold Zoy! harmless from any injury or death arising from my, or the Minor’s participation, in Zoy! Sessions, whether the injury is caused by my negligence, Zoy’s! negligence, faulty or malfunctioning equipment, or otherwise;

8. I, for myself, or on behalf of the Minor, hereby release and forever discharge Zoy! (and its trustees, officers, agents, and employees) of and from all liability, claims, and action that may accrue to myself or the Minor, or to my or the Minor’s heirs, from any loss, damage, and injury that may be sustained by my, or the Minor’s person and property, arising out, of or connected with me or the Minor participating in Zoy! Sessions;

9. I also hereby grant to Zoy! permission to photograph, film, videotape and make sound recordings of me, or the Minor, and to quote or publish my or the Minor’s statements, and use any such photographs, films, videotapes, and sound recordings, in any publication intended for research, educational, promotional, commercial, fund-raising or other related purposes, including webpages and web-based publications, associated with Zoy!.

a. By signing this form, I waive and release Zoy!, and its trustees, officers, agents and employees, from any claim or liability relating to the use of my or the Minor’s name, likeness, identity, voice, photographic image, videographic image and oral or recorded statements.

b. I acknowledge Zoy! will rely on this consent and release in producing, broadcasting, and distributing materials containing my or the Minor’s name, likeness, identity, voice, photographic image, videographic image, and oral or recorded statements, and that I or the Minor will receive no money, proceed, royalties, or remuneration of any kind from Zoy! related to this consent and release or the materials covered by this consent and release. I understand this consent is perpetual and irrevocable.

10. This Waiver and Release shall be governed by Michigan substantive law and any litigation related to the enforceability of this document will be brought in Berrien County, Michigan.

11. The terms of this document are binding on me, my Minor, members of his or her family, and his or her heirs, assigns and personal representatives, as well as on the person signing this document, and his or her spouse, heirs, assigns and personal representatives.

I HAVE FULLY READ THE FOREGOING “WAIVER AND RELEASE.” I FULLY UNDERSTAND ITS CONTENTS. I AM VOLUNTARILY SIGNING THIS “WAIVER AND RELEASE OF LIABILITY” AS MY FREE AND VOLUNTARY ACT. I UNDERSTAND IT IS VALID THROUGH THE CALENDAR YEAR DATED BELOW.

By signing electronically below, I indicate agreement to the above waiver.