Varanashi Farms (VF), registered under the Karnataka Board of Tourism, offers you a unique adventure and organic community living experience. In addition to staying on the farm, our activities include (but are not limited to) tree swinging, open water swimming, slacklining (including water lines, high lines), diving platforms, trampolining, etc. Participation in these activities is completely voluntary. We want to make sure you are aware of potential risks involved in the activities you willingly participate in.
1. I am capable of understanding the terms of this Agreement and the risks associated with VF’s Activities.
2. I recognize and understand that there are risks, hazards and danger in VF’s Activities, whether inherent or not, and participation could result in injuries of all kinds, including serious injury or death. I understand that my participation in VF’s Activities is voluntary and that I have the right to terminate my participation at any time. I acknowledge that I am capable of participating in VF’s Activities and do not suffer from any health problems that would inhibit my participation.
3. ASSUMPTION OF RISK: Understanding these risks and dangers, I nevertheless EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH VF’S ACTIVITIES, inherent and otherwise, and whether or not described above. I further agree to observe and comply with all rules and regulations prescribed by VF for Activities.
4. RELEASE OF LIABILITY: Additionally, I for myself, heirs, assigns, representatives and next of kin, unconditionally release and discharge VF from any damages, claims, liability, or causes of action, whether known or unknown, arising out of my participation in VF’s Activities, including claims of ordinary negligence. Furthermore, I hereby agree to indemnify VF from any claim, liability, or cause of action by third parties arising out of my participation in VF’s Activities.
5. I understand that I am responsible for assessing the quality of my fitness gear I bring to VF and that VF is not liable for any lost or stolen equipment or personal items I bring.
6. I understand that in order to participate in VF’s Activities, I must complete all of the following: (1) sign this agreement; (2) complete whatever instructional program VF requires for the particular activity; and (3) read and abide by the Rules and Regulations prescribed by VF.
7. In the event of an accident, I authorize VF to stabilize, obtain medical care for, or transport me to a medical facility if, in the opinion of VF, medical care is needed and I am unable to make such decisions for myself. I agree to pay all costs associated with such actions on the part of VF, and to indemnify and hold VF harmless from any consequences resulting from such care.
8. VF is hereby authorized to take photos and video of me in connection to my participation in VF’s Activities and has permission to use my name and likeness without compensation for marketing and other promotional purposes. VF will inform me that digital media involving me is being captured and used, and will heed objections.
9. In any action where one party either seeks to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.
10. I understand that this Agreement shall continue in effect and remain in force in perpetuity from the date it is executed, and covers my participation in all VF’s Activities, regardless of when or where the activity takes place.
11. If any provision of this Agreement is held invalid, the remaining provisions shall survive and continue in full force and effect.
12. VENUE, JURISDICTION AND WAIVER OF JURY TRIAL: This Agreement shall be construed in accordance with the laws of the State of Karnataka, and for any dispute arising under this agreement I hereby submit to the exclusive jurisdiction of the courts of Bantwal, Karnataka. I voluntarily waive any right I may have to a jury trial in any action under this Agreement.
I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT.
2. Visitors live in close proximity to the family, volunteers and other residents of the farm. Due to the ongoing coronavirus pandemic, we discourage visitors from outside exposure that would endanger the entire VF community.
3. Consumption of alcohol and drugs is not allowed on the premises. Smoking cigarettes is not allowed inside any of the buildings and in the presence of farm workers.
4. The farm is home to a multitude of people and other living organisms. You are required to be respectful of the peace, quiet and privacy of your co-habitants.
5. In the event of major illness, the family at VF will not be responsible for your care and you will have to make arrangements to leave the farm.