Waiver

THREE LITTLE BIRDS YOGA RETREAT

 

PARTICIPATION AGREEMENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, RECREATIONAL USE ACKNOWLEDGMENT, AND BINDING ARBITRATION AGREEMENT

 

This Participation Agreement (“Agreement”) is entered into by the undersigned participant (“Participant”) in favor of: Three Little Birds Yoga, LLC, a West Virginia limited liability company; Nikki Kiger and all instructors, employees, contractors, volunteers, and staff; Bruce Kiger; and Kiger Farm, including its owners, operators, agents, representatives, employees, and affiliates (collectively referred to as the “Released Parties”). This Agreement applies to participation in the Three Little Birds Yoga Retreat taking place March 27 through March 29, 2026, at Kiger Farm, located at 429 Kiger Lane, Valley Grove, West Virginia 26060 (the “Retreat”).

 

  1. VOLUNTARY PARTICIPATION

 

Participant acknowledges that participation in yoga instruction, meditation, workshops, physical movement activities, lodging on a rural farm property, walking on uneven terrain, and other retreat-related activities is voluntary.

 

Participant affirms that they are physically and mentally capable of safely participating. Participant understands it is their responsibility to consult with a physician prior to participation if they have any medical concerns.

 

  1. ASSUMPTION OF INHERENT AND OTHER RISKS

 

Participant understands and expressly acknowledges that participation in the Retreat involves inherent and other risks, including but not limited to:

 

  • Muscle strains, sprains, fractures, or other orthopedic injuries
  • Slips, trips, and falls on uneven ground, gravel, grass, decks, stairs, barns, or other rural surfaces
  • Injuries from yoga movements, adjustments, props, or equipment
  • Weather-related hazards
  • Exposure to animals, insects, wildlife, and farm-related conditions
  • Food-related reactions or allergies
  • Exposure to communicable diseases
  • Accidental injury arising from participation in group activities

 

Participant knowingly and voluntarily assumes all such risks, both known and unknown, even if arising from the ordinary negligence of the Released Parties.

 

  1. RELEASE AND WAIVER OF LIABILITY

 

To the fullest extent permitted under West Virginia law, Participant releases, waives, discharges, and covenants not to sue the Released Parties from any and all claims, demands, causes of action, damages, costs, or expenses arising out of or related to personal injury, property damage, illness, disability, or death arising from participation in the Retreat or presence on the premises of Kiger Farm, whether caused by the ordinary negligence of the Released Parties or otherwise.

This release does not apply to claims arising from gross negligence, willful misconduct, or intentional acts.

 

  1. WEST VIRGINIA RECREATIONAL USE STATUTE ACKNOWLEDGMENT

 

Participant acknowledges that Kiger Farm is rural property that may qualify for protections under the West Virginia Recreational Use Statute, West Virginia Code § 19-25-1. et seq., which limits the liability of landowners who make land available for recreational purposes.

 

Participant acknowledges that yoga instruction, meditation, retreat activities, walking, and related activities constitute recreational purposes within the meaning of that statute.

 

To the fullest extent permitted by law, Participant agrees that the protections and liability limitations afforded by West Virginia Code § 19-25-1. et seq. shall apply to Kiger Farm, Bruce Kiger, and any other applicable landowner or operator associated with the Retreat.

 

Nothing herein waives claims arising from willful or malicious failure to guard or warn against a dangerous condition as defined by statute.

 

  1. COMMUNICABLE DISEASE ASSUMPTION OF RISK

 

Participant acknowledges that participation in a group retreat involves inherent risk of exposure to communicable diseases, including but not limited to COVID-19, influenza, respiratory viruses, foodborne illness, and other contagious conditions.

 

Participant understands that exposure may occur despite reasonable precautions taken by the Released Parties.

 

Participant knowingly and voluntarily assumes all risks of illness, injury, disability, or death arising from exposure to communicable disease during or after the Retreat, even if such exposure results from the ordinary negligence of the Released Parties.

 

  1. PREMISES ACKNOWLEDGMENT

 

Participant understands that Kiger Farm is a rural property and not a commercial fitness facility.

 

The property may include uneven terrain, natural obstacles, agricultural structures, livestock areas, and environmental conditions typical of a working farm.

 

Participant accepts the premises in its present condition and assumes the risk of injury arising from conditions inherent to such property.

 

  1. INDEMNIFICATION

 

Participant agrees to indemnify, defend, and hold harmless the Released Parties from any claims, liabilities, damages, losses, or expenses, including reasonable attorney’s fees, arising out of Participant’s conduct during the Retreat; damage caused by Participant to property, and/or claims brought by third parties arising from Participant’s actions

 

  1. MEDICAL TREATMENT AUTHORIZATION

 

Participant authorizes the Released Parties to obtain emergency medical treatment if deemed necessary. Participant agrees to be financially responsible for any medical services rendered.

 

  1. PHOTOGRAPHY AND MEDIA RELEASE

 

Participant grants permission to Three Little Birds Yoga, LLC to use photographs or video taken during the Retreat for promotional or marketing purposes without compensation.

 

Participant may revoke this consent in writing prior to the start of the Retreat.

 

  1. BINDING ARBITRATION AGREEMENT

 

Any dispute, claim, or controversy arising out of or relating to this Agreement, the Retreat, or Participant’s presence at Kiger Farm shall be resolved exclusively through final and binding arbitration.

 

Arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect, unless the parties agree otherwise. The arbitration shall take place in Ohio County, West Virginia. The arbitrator shall apply the substantive law of the State of West Virginia. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Participant understands that by agreeing to arbitration, Participant is waiving the right to a trial by judge or jury.

 

  1. CLASS ACTION WAIVER

 

Participant agrees that any claim shall be brought solely in an individual capacity and not as part of a class, collective, or representative action.

 

  1. VENUE AND JURISDICTION

 

If any claim is determined not to be subject to arbitration, Participant agrees that exclusive venue shall lie in the Circuit Court of Ohio County, West Virginia, or, if federal jurisdiction exists, in the United States District Court for the Northern District of West Virginia. Participant consents to personal jurisdiction in Ohio County, West Virginia.

 

  1. SEVERABILITY

 

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

  1. GOVERNING LAW

 

This Agreement shall be governed by and interpreted in accordance with the laws of the State of West Virginia.

 

  1. ACKNOWLEDGMENT OF UNDERSTANDING

 

Participant acknowledges that:

 

  • They have read this Agreement in its entirety
  • They understand its terms
  • They understand they are waiving substantial legal rights
  • They sign it freely and voluntarily

 

Participant Name (Printed): __________________________________________

 

Participant Signature: _______________________________________________

 

Date: _______________________

 

Emergency Contact Name: _____________________________________________

 

Emergency Contact Phone: ____________________________________________