FMN Walk Liability Waiver

Mindfulness and Forest Bathing Walks
Personal Injury Release and Waiver of Liability

THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS

INCLUDING THE RIGHT TO SUE FINDING MINDFUL NOW, LLC.

PLEASE READ IT CAREFULLY BEFORE SIGNING.

Welcome to Finding Mindful Now's guided mindfulness and forest bathing walks waiver! This form has been updated in August 2022 to be in compliance with Covid19 guidelines in the state of Oregon.

Research on mindfulness indicates that it can support people feeling focused, tapping into their innate creativity, and experiencing more ease. Forest bathing research also indicates how being in thriving ecosystems can restore attention, support stress recovery, strengthen immune response, promote physical activity, and build relationships.

Since mindfulness means directing your attention, on purpose, into your moment by moment lived experience, and people's feeling of safety often increases on these walks, this also means you may notice feelings, sensations, and thoughts that bubble up after being held away at times. In any Finding Mindful Now offering you can always choose to change the invited practice, or skip it, to support yourself. You know your brain-body best.

This Liability Waiver is for participation in Finding Mindful Now programs that involve guided nature-based mindfulness walks and forest bathing explorations.
First Name*
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The personal pronouns I use are:*

She, her, hersHe, him, hisThey, them, theirsZe, zieOther
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Emergency Contact

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Are you the parent/guardian for a youth (content is appropriate for ages 12 to 17) that's attending a walk or course? They are required to sign their own waiver form as well as you signing that you accept responsibility for them.

YesNo

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What is the name and date of the event that you are participating in (walk, course, etc.)? We can keep this waiver on file for up to three months; please state if you would like this waiver to apply to more than one walk during this time.*
Personal Injury Release and Waiver of Liability

I, the undersigned, (referred to as “I” or “me”), desire to participate in hiking, walking, and related activities (“Activities”) provided by Finding Mindful Now, LLC, an Oregon limited liability corporation licensed and bonded with the state of Oregon as an outdoor outfitter, #2583 (“FMN”):

I represent and warrant that I am of or over the age of 16, that I will stay home if I feel sick, that I am in good physical and mental health, and do not have any medical or other condition that would impair my ability to participate in the Activities.

I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing physical distancing. I confirm that I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.

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:

1) Disclaimer. I acknowledge that FMN and its representatives are not licensed psychotherapists and the content of these Activities, including mindfulness practice and forest bathing, is for learning and skill building only - 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 provider with questions I have regarding a mental health or medical condition.

2) Acknowledgment of Risk. I affirm and acknowledge that my participation in, transportation to and from, and use of equipment borrowed or rented from FMN or any other provider for the Activities involves inherent risks.

Please PUT YOUR INITIALS in each space below, indicating that you have read and agree to each of the risks.
Acknowledgement of Mental and Physical Health. My mental and physical wellbeing is my responsibility. Mindfulness has the possibility of reconnecting me with my physical sensations, thoughts, and emotions. Prior thoughts and experiences may come to the forefront. It is my responsibility to seek care if needed. Mindfulness walks and forest bathing are not a substitute for care. *
Risk of Injury. While walks are generally set at a slow to a moderate pace on mostly flat areas with the occasional moderate inclines (less than 25 degree slope), the Activities require bodily movement. This inherently involves risks and dangers of serious bodily injury, including but not limited to sprains, pulled muscles, head, neck, and/or back injuries, falls possibly involving broken bones, and in extreme circumstances, permanent disability and death. Fatigue, chill, and/or dizziness may diminish my reaction time and increase the risk of accident or hinder my sense of balance, physical coordination, and/or ability to follow instructions. Accidents and personal economic losses may occur. My own negligence and/or the negligence of others, including any representatives of FMN, may increase risk of injury. Negligent emergency response or rescue operations of FMN may compound any injuries. *
Risks and Hazards of “Acts of Nature.” Risks and hazards associated with “acts of nature,” include, without limitation, inclement weather, thunder, lightning, wind, precipitation, extreme temperature changes, rock fall and avalanches, slippery or uneven surfaces, flash floods and dangers associated with standing in or near a lake, river or stream. Injury from frostbite, heat exhaustion, heat stroke, sunburn, hypothermia, and dehydration may occur. Encounters with insects, reptiles, animals and plants may result in bites and allergic reactions. *
Risk of Equipment Usage. Risk of equipment failure and/or malfunction of my own or others’ equipment, which I may rent, borrow, or personally own.*
Risk of Fines. Use of vape for nicotine or cannabinoids is against park policies in City of Portland, Metro regional parks and other localities. I confirm I will follow park policy and wait until after leaving the park to use vape items. Not doing so means I may be stopped and issued a fine by a park authority.*
Risk of Limited Access to Care. Risk of limited access to care may include accident or illness for Activities occurring in locations where hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable.*
Assumption of Risk. I voluntarily assume all risks of injury, death, or property damage, whether caused by the negligence of FMN or otherwise. I agree to participate in the Activities and use of any equipment at my own risk. I acknowledge that any equipment FMN provides is without any warranty about its condition or suitability. *
Consent to Medical Treatment. I consent to receive medical treatment that may be deemed necessary in the event of any illness, accident, injury or medical emergency resulting from or in connection with my participation in the Activities. I understand that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation.*
Release of Liability. I RELEASE AND DISCHARGE FMN, AND ITS MEMBERS, CONTRACTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL INJURIES (INCLUDING DEATH), losses, damages, claims, lawsuits and any other liability of any kind (“Claim”), arising out of or due to my participation in the Activities. MY RELEASE IS VALID EVEN IF THE CLAIM ARISES FROM OR IS DUE TO THE FAULT OF A RELEASED PARTY. *
Severability, Enforceability, Integration. By entering into this Agreement, I am not relying on any oral or written representation or statements made by FMN, other than what is set forth in this Agreement. This Agreement is the entire agreement between FMN and me. This Agreement is binding and enforceable against me, my personal representatives, spouses, assigns, heirs and next of kin to the fullest extent permitted by the law. If any provision of this Liability Waiver & Release is found to be unenforceable, the remaining terms shall be enforceable.

FOR PARENT OR LEGAL GUARDIAN OF PARTICIPANTS UNDER THE AGE OF 18:

I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Agreement.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT, I KNOW AND APPRECIATE THE INHERENT RISKS OF THE ACTIVITIES, I TAKE FULL RESPONSIBILITY FOR THESE RISKS AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FINDING MINDFUL NOW.
I accept Finding Mindful Now's release of liability waiver*

YesNo
Signature*

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OPTIONAL Photography/Videography Waiver. We respect your privacy. You do not have to initial this if you do not want to be photographed or videotaped; lack of initials on this option does not affect the rest of the waiver. If so marked below, I grant FMN permission to photograph or video me, and use my likeness in any and all of FMN’s publications, including website entries, without payment or any other consideration. I understand and agree that these materials will become the property of FMN and will not be returned. I irrevocably authorize FMN to edit, alter, copy, exhibit, publish, or distribute my likeness for promotional purposes or any other lawful purpose. I waive the right to inspect or approve the finished products in which my likeness appears. I hold harmless, release, and forever discharge FMN from all claims, liability, demands, and causes of action that I, my heirs, representatives, executors, or agents, have or may have because of this authorization. I consent to being photographed or videoed during my participation in the Activities.
Thank you!
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Mindfulness and Forest Bathing Walks

Personal Injury Release and Waiver of Liability

Personal Injury Release and Waiver of Liability

Thank you!