Participation and Liability Waiver

1. SCOPE OF AGREEMENT AND COVERED ACTIVITIES

This Participation and Liability Waiver (this “Agreement”) applies to my participation in any activity, program, workshop, class, gathering, volunteer role, and my use of or presence at the facility and 18-acre grounds located at 570 Coulee Trail, Hudson, Wisconsin (the “Property”), operated, sponsored, or facilitated by The Butterfly Path, Inc. or its agents, sponsors or contractors (collectively, the "Organization"). This includes access to community gathering spaces, nature trails, outdoor areas, gardens, volunteer activities, and the Makers Space (including woodworking, repair, crafting, and hands-on tool projects).

2. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

I understand that participation is voluntary and involves inherent risks that may result in property damage, illness, personal injury, disability, or death. These risks include, but are not limited to:

• Grounds and Environmental Hazards: Slips, trips, and falls; uneven, wet, icy, rocky, or unpaved terrain; weather conditions; and contact with wildlife, insects, or plants across the 18-acre rural property.

• Physical and Program Risks: Lifting, bending, reaching, climbing, recreational movement, property/equipment failure, and acts or omissions of other participants, volunteers, or third parties.

• Makers Space and Workshop Hazards: The use of hand tools, power tools, machinery, and woodworking equipment; sharp objects; flying debris, dust, and wood particles; and mechanical or electrical hazards.

I knowingly, freely, and voluntarily assume all such risks, both known and unknown, associated with my presence and participation.

3. MAKERS SPACE RULES AND TOOL SAFETY

I understand that the Makers Space contains equipment that can cause serious injury if used improperly. I agree to:

1. Complete all required safety orientations and equipment trainings before using designated tools or machinery.

2. Use tools and machinery only when authorized, and strictly wear required personal protective equipment (PPE).

3. Never bypass, disable, or modify safety guards or devices.

4. Inspect equipment prior to use, promptly report damaged or unsafe conditions, and immediately stop work if a condition feels unsafe.

5. Never operate tools or machinery while impaired by alcohol, prescription medications, or any substance affecting coordination or judgment.

The Organization reserves the right to restrict or revoke any activity or use of tool, machinery, or facility access at any time for safety violations.

4. PERSONAL RESPONSIBILITY AND MEDICAL CARE

I agree to exercise reasonable care for my own safety and the safety of others. I am responsible for determining whether an activity is appropriate for my physical abilities, health, and experience. I understand that the Organization does not provide medical personnel or participant health insurance. In an emergency, I authorize Organization’s staff, volunteers and others present on the Property to obtain or arrange reasonable emergency evaluation, medical treatment and transport on my behalf. This authorization is limited to emergency circumstances when I am unable to consent. I accept full responsibility for all associated medical expenses.

5. RELEASE OF LIABILITY AND COVENANT NOT TO SUE

To the fullest extent permitted by law, I hereby release, waive, and forever discharge the Organization and its directors, officers, employees, volunteers, instructors, and agents from any and all liability, claims, demands, or causes of action arising out of negligence, personal injury, illness, death, or property damage resulting from my participation or presence on the Property.

Nothing in this Agreement is intended to waive or release any right, claim, or liability that cannot be waived or released under Wisconsin law (such as gross negligence or intentional acts).

6. INDEMNIFICATION AND HOLD HARMLESS

To the fullest extent permitted by applicable law, I agree to defend, indemnify, and hold harmless the Organization and its directors, officers, employees, volunteers, instructors, agents, and representatives (collectively, the "Indemnified Parties") from and against any and all third-party claims, demands, causes of action, liabilities, losses, damages, costs, and reasonable expenses (including reasonable attorneys’ fees) arising out of or resulting from:

1. My own negligent acts, omissions, or willful misconduct while on the Property or participating in Organization programs, activities or events;

2. My breach of this Agreement, violation of posted shop rules, or disregard of safety instructions (including unauthorized operation of Makers Space tools, machinery, or workshop equipment); or

3. Any property damage or bodily injury caused directly or indirectly by me to another participant, volunteer, visitor, or third party.

This indemnification obligation shall not apply to claims, damages, or liabilities caused by the sole or gross negligence, reckless misconduct, or intentional acts of the Indemnified Parties, or to any liability that cannot be indemnified under Wisconsin law.

7. DURATION AND SEVERABILITY

This Agreement is legally binding, covers my current and all future visits, activities, and membership terms, and remains in effect unless revoked by me in writing. If any provision of this Agreement is found invalid under Wisconsin law, the remaining provisions shall remain in full legal force.

PARTICIPANT ACKNOWLEDGMENT AND SIGNATURE

I certify that I am at least 18 years of age or am operating under the care and supervision of a parent or guardian. I have carefully read and understand this Agreement, freely accept its terms, and understand that I am surrendering substantial legal rights by signing this Agreement.

BY SIGNING THIS AGREEMENT, I UNDERSTAND I AM WAIVING CLAIMS FOR THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES RELATED TO THE SPECIFIC ACTIVITIES AND HAZARDS IDENTIFIED IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY WISCONSIN LAW.

By signing electronically, I consent to use electronic records and signatures for this Agreement. I affirm the information I provide is accurate and I am the person identified below. I agree that my digital signature carries the full legal validity of a handwritten signature.

570 Coulee Code of Conduct

 570 Coulee is a place to connect, learn, contribute, and enjoy one another’s company. Together, we create a community where everyone feels welcomed, respected, included, and valued. As a volunteer for 570 Coulee, I agree to: 

• Welcome others: Be friendly, introduce yourself, include others, and help create a sense of belonging. 
• Show respect: Treat everyone with kindness and courtesy. 
• Participate & contribute: Be open to meeting others, trying new things, sharing, and contributing.
• Respect boundaries: Honor personal space and privacy. 
• Care for our space: Treat our buildings, property, and equipment with care. 
• Help keep 570 safe: Follow activity guidelines and use equipment appropriately. 
• Be a good neighbor: Help us be thoughtful about noise, traffic, and property.  

570 Coulee is an initiative of The Butterfly Path, Inc. a 501(c)(3) nonprofit organization. 

By signing this application, I certify that all information provided is true and accurate. I agree to abide by the facility guidelines, activity rules, and Code of Conduct of 570 Coulee. 

Volunteer Service Acknowledgment

570 Coulee is a 501(c)(3) nonprofit organization and an initiative of The Butterfly Path, Inc.

• Unpaid Volunteer Status: I acknowledge that my services are provided on a strictly voluntary basis without expectation of monetary compensation, wages, or employee benefits. I understand I am not an employee of 570 Coulee or The Butterfly Path, Inc.
• Confidentiality & Participant Privacy: I agree to maintain strict confidentiality regarding all participant personal, health, or resource navigation information I may become aware of during my volunteer service.

In order to better promote our programs and to keep our communities informed about what we do, 570 Coulee will occasionally record and/or photograph events and programming. These materials become property of 570 Coulee, which may edit, use, and/or distribute them for legal purposes. Subjects of pictures and recordings will not be compensated for their likenesses. 

If you are under 18 years of age, please ask a parent or guardian to review the  following:  

I am the parent or legal guardian of the minor applicant named above. I give my full permission for them to participate as a volunteer for 570 Coulee (an initiative of The Butterfly Path, Inc.). I have reviewed the code of conduct, premises risk release, and program evaluation agreement above, and I agree to their terms on behalf of the minor.