The Smokebrush Foundation for the Arts requires the execution of this agreement for use of their facilities

I , HEREBY WAIVE AND RELEASE, indemnify and hold harmless and forever discharge Smokebrush Foundation Inc, (302, 328, & 336 El Paso Blvd.), White Yarrow LLC and KatsPaw LLC, or any of its owners, agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers, and trustees of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises of The Smokebrush Foundation Inc, White Yarrow LLC, or Kats-Paw LLC in Manitou Springs, Colorado provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct. 

I acknowledge, agree and represent that I understand the nature of rental lodging, hiking steps or trails, yoga, soaking, bodywork, attending dance, visual arts, drumming, cooking, homesteading or other classes, walking the meditation paths and other related physical activities may pose a risk to my body and health and that I am qualified, and in proper health condition to participate in the activity. I further agree and warrant that if at any time I deem participation in any activity unsafe, I will immediately discontinue further participation in the activity. 

I AM VOLUNTARILY USING THE SERVICES OF THE SMOKEBRUSH FOUNDATION INC, THE WHITE YARROW, LLC and KAT’S PAW, LLC WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS, OR DEATH. 

By this Waiver, I assume any risk, and take responsibility and waive any claim of personal injury, death, or damage to personal property associated with my participation in the aforementioned activities. Also, by using equipment provided by The Smokebrush Foundation Inc, The White Yarrow, LLC and KatsPaw LLC, I waive all claims of personal injury, death or damage associated with the use of the equipment. 

Release Of Liability & Indemnification Agreement

The Smokebrush Foundation Inc and White Yarrow LLC have established preventative measures to reduce the spread of COVID-19 based upon the updated guidance of the World Health Organization, but these entities cannot guarantee you will not become infected with COVID-19. Staying at our lodging facilities and participating in associated activities may increase your risk of contracting COVID-19, notwithstanding these preventative measures. 

Client Acknowledgement

By signing this agreement, I acknowledge the extremely contagious nature of COVID-19 and voluntarily assume any and all risk I may be exposed to or infected by COVID-19 while at The Smokebrush Foundation Inc facilities, and such exposure or infection may result in personal injury, illness, permanent disability and death. I understand the risk of becoming exposed to or infected by COVID-19 at these places may result from the actions, omissions, or negligence of myself and others, including, but not limited to, employees, volunteers, guests, program participants and their families.

I hereby agree to assume all the foregoing risks and accept sole responsibility for any injury to myself including, but not limited to illness, personal injury, disability, death, damage, loss, claim, liability, or expense of any kind, which I may experience or incur in connection with my attendance/participation at The Smokebrush Foundation Inc. On my behalf, and on behalf of my heirs, I hereby agree to indemnify, hold harmless, release, covenant not to sue and discharge The Smokebrush Foundation Inc, White Yarrow LLC, and Kat’sPaw, LLC, its employees, agents and representatives, of and from all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to my attendance/participation in sponsored programs/events of The Smokebrush Foundation held on or off premises. 

Drugs, Alcohol, Tobacco & Firearms Policy

Buildings and grounds administered by The Smokebrush Foundation Inc are 100% drug, incendiary, firework and firearm free. For guests safety and to ensure that our facility is not exposed to items or actions that create an unhealthy environment for our guests and staff. We do not permit the use of candles, marijuana, or illegal drugs. 

Tobacco or any legal substance which can be taken using any medium of cigars, cigarettes, e-cigarettes, vape pens, vaping appliances or cartridges, holders, diffusers, vaporizers, and/or hookahs, must be confined to paved, outdoor areas at least 50 feet from all structures. Guests should leave no trace of tobacco or other legal substance use behind. 

The Smokebrush Foundation Inc. allows the responsible consumption of alcohol in buildings and on the grounds. For example, renters of Historic Rockledge Lodge, Onaledge Lodge or Red Crags Arts & Agriculture House can consume alcoholic beverages inside the Lodges and on the stone and wood decks that surround The Lodges so long as they do not disturb other guests or neighbors, conduct themselves in a safe manner, avoid drinking in hot tubs, and appropriately dispose of all cans or bottles. 

The staff of our organizations have been fully trained to respond to any potential violations of our policies and procedures. Any guest or potential guest who appears to be under the influence of drugs or who is abusing any intoxicating substance will be asked to leave the premises without receiving a refund or refused service to our facilities. 

The Smokebrush Foundation Inc recognizes that our guests may legally possess firearms or weapons for a variety of legitimate purposes. Because the safety and security of our guests are of the utmost importance, firearms or weapons of any kind are not allowed at any Smokebrush Foundation Inc facilities or their grounds, including but not limited to Onaledge Lodge, Rockledge Lodge, and Red Crags Arts & Agriculture House. 

I understand that these risks, hazards,and dangers include without limitation:

1. The potential of the participant to act in a negligent manner that may contribute to injury to the participant or others. 
   
   
2. I represent and warrant that I am in good physical health and do not suffer from any medical condition which would limit my participation in the classes offered at The Smokebrush Foundation Inc. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in any of the yoga classes, programs, or workshops. I understand the risks associated with the activities offered by The Smokebrush Foundation Inc, White Yarrow LLC and KatsPaw,LLC. I agree to follow all instructions so that I may safely participate in classes, workshops, or other activities. I understand it is my responsibility to inform the instructor of my limitations before class begins. 
   
   
3. Use of the pools may be dangerous to certain people, people who are on certain medication, or have chronic health problems such as heart, respiratory or a circulatory condition, pregnant women, and diabetics should consult their healthcare providers BEFORE using the facilities of the Smokebrush Foundation Inc. Guests should never use any of the pools alone. 
   
   
4. Bathing in hot water can lower blood sugar and cause dehydration, especially due to the high elevation. Alcohol consumption can also increase the affectives of dehydration and could cause a potential health hazard, impair judgment and/or cause loss of consciousness and is STRONGLY discouraged. Additionally, if many hours have passed since the last meal, or consumption of water, a person from a lower altitude may experience dizziness or loss of consciousness. 
   
   
5. Bromine is applied to our hot tub waters as a means of prevention against contamination.
   
   
6. The animals present on the Smokebrush Foundation Inc properties include but are not limited to: dogs, chickens, goats, bees, pigs, cats, and wild animals. The presence of these animals impose possible risk of allergic reaction or injury.
   
   
7. The walking and meditation paths located throughout the properties (aforementioned) pose potential hazard due to steep drop-offs, loose stones, uneven terrain, and cactus.