THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ IN FULL AND UNDERSTAND BEFORE SIGNING. IT AFFECTS YOUR LEGAL RIGHTS. THIS WILL ALSO BE USED FOR CONTACT TRACING.

For and in consideration of the right to participate in any recreation activity provided by Camp Tecumseh YMCA and/or use any part of its equipment and/or facilities, I for myself and/or as the parent/legal guardian of the participating minor child (“Participant”), agree expressly and without reservation of any kind to be bound by each of the following:

Express Assumption of Risk: Participant has requested to engage in activities being offered by Camp Tecumseh YMCA, including but not limited to the following activities: rope adventure course, zip line, climbing wall, archery, riflery, swimming, boating, and other activities (collectively, the “Activities”). Participant understands that all Activities are physically demanding and there are certain dangers, hazards, and risks inherent in the Activities. Participant understands that using the equipment provided by Recreation Provider or participating in the Activities may put Participant at risk of serious injury and loss, both to person and to property, including the possibility of permanent disability, paralysis, and/or death. It is also possible that some participants may suffer mental anguish or trauma from the experience or their injuries. The risks may be caused by his/her own actions, inactions, or negligence, but it also may be caused by the actions, inactions, or negligence of others, or the condition of the environment, equipment, or areas where the Activities are being conducted. There may be other risks not known to Camp Tecumseh YMCA and not reasonably foreseeable at this time. Participant also understands that helmets, safety equipment, proficiency checks, supervision, instructions, and enforcement of rules do not and cannot guarantee Participant’s safety. PARTICIPANT AGREES TO ASSUME ANY AND ALL RISKS OF INJURY, INCLUDING THE RISK OF DEATH, REGARDLESS OF THE CAUSE OF INJURY, THE ACTIVITY, OR THE DATE ON WHICH THE INJURY IS ALLEGEDLY SUSTAINED.

1. Voluntary Prudent Participation: Participant is voluntarily participating in the Activities and the use of equipment made available by Camp Tecumseh YMCA. Participant is able to perform the essential functions required to participate in the Activities and offered for use by Camp Tecumseh YMCA. Participant understands that he/she is responsible for behaving in a careful and prudent manner to minimize the risk of injury to themselves and/or others, and PARTICIPANT AGREES TO BEHAVE CAREFULLY AND PRUDENTLY AT ALL TIMES.
2. Waiver, Release and Indemnification: TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT HEREBY RELEASES, WAIVES, COVENANTS NOT TO SUE, AND DISCHARGES CAMP TECUMSEH YMCA AND ALL OF ITS OWNERS, ADMINISTRATORS, TRUSTEES, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, VOLUTEERS, RESCUE PERSONNEL, SUCCESSORS, ASSIGNS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES”) FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY PARTICIPANT OR LOSS OR DAMAGE TO ANY PROPERTY BELONGING TO PARTICIPANT, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE EFFORTS, ARISING OUT OF OR RELATED TO PARTICIPANT’S USE OF CAMP TECUMSEH YMCA OR PARTICIPATION OF THE ACTIVITIES. PARTICIPANT ALSO AGREES THAT, IN THE EVENT THAT ANY PERSON BRINGS ANY CLAIM OR ACTION, INDIVIDUALLY OR ON BEHALF OF PARTICIPANT, RELATED TO ANY INJURY OR LOSS SUFFERED BY PARTICIPANT OR THAT INDIVIDUAL AS A RESULT OF PARTICIPANT’S USE OF THE RECREATION PROVIDER’S EQUIPMENT OR PARTICIPATION IN THE ACTIVITIES, THAT PARTICIPANT WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGE OR COST WHICH MAY BE INCURRED AS THE RESULT OF SUCH CLAIM.
3. COVID-19 Waiver, Release, and Indemnification: I further agree, in my legal capacity as the parent/guardian of Minor, on behalf of Minor, myself, and any and all legal successors and proxies, to INDEMNIFY and HOLD HARMLESS Camp Tecumseh YMCA from and against any and all losses, liabilities, damages or costs, including court costs and reasonable attorneys’ fees that it may incur in relation to any claims, suits, demands, or causes of action related to any exposure to or infection with COVID-19 alleged to have occurred during use of Camp Tecumseh YMCA and premises, whether alleged to have been cause by the negligence of Camp Tecumseh YMCA or otherwise.
   User expressly agrees that Camp Tecumseh YMCA is not liable to User, its officers, directors, employees, volunteers, agents, representatives, invitees and participants for any damages alleged to have been caused by the exposure to or infection with COVID-19 while using Camp Tecumseh YMCA and Delphi Community School Corporation facilities or premises or while participating in Camp Tecumseh YMCA, whether alleged to have been caused by the negligence of Camp Tecumseh YMCA or otherwise.
4. No Implied Warranty:  Participant expressly agrees to accept “AS IS” and “WITH ALL FAULTS” any equipment, facilities, or products offered by Camp Tecumseh YMCA or in connection with the Activities and further understands and acknowledges that Camp Tecumseh YMCA provides NO implied warranty of merchantability and/or fitness or any other warranties of any kind whatsoever with respect to its equipment, facilities, or products.
5. Additional Acceptance of Responsibility: Participant acknowledges and accepts financial responsibility for any damage or harm to the rental equipment, other participants, and/or property caused by Participant (negligently, willfully, accidentally or otherwise) while participating in the Activities and/or using the equipment of Camp Tecumseh YMCA. Participant agrees to pay any additional cleaning, maintenance or replacement charges that may be assessed by Camp Tecumseh YMCA in connection with: i) Participant’s use of equipment offered by Camp Tecumseh YMCA; and/or ii) participation in the Activities.
6. Consent to Medical Treatment: Participant authorizes Camp Tecumseh YMCA and its owners, representatives, and employees, if present, to provide through medical personnel of their choice, first aid medical assistance, transportation, and emergency medical services should Participant require such assistance, transportation, or services as a result of injury or damage related to the participation in the Activities and/or use of equipment offered by Camp Tecumseh YMCA. This consent does not impose a duty upon Camp Tecumseh YMCA or its owners, representatives, or employees to provide such assistance, transportation, or services. Participant has adequate health insurance or resources to cover the costs of treatment in case of such injury or illness. Participant agrees to refrain from and not to be impaired by the use of alcohol or any controlled substance (except as medically authorized) while participating in the Activities.
7. COVID-19 Related Policy Agreements: Families must commit to their children’s ability to comply with all social distancing and health protocols as established by Camp Tecumseh. We reserve the right to suspend a camper or cancel a camp group if social distancing or proper hygiene (including mask wearing, handwashing, coughing, nose blowing, etc.) is not possible.  Screenings of campers and family may be required upon arrival to camp and will include: Inquiries into the health of camper(s), family, and those with whom the household has been in contact, such as current or recent symptoms such as fever, cough, trouble breathing, sore throat, fatigue, headache, muscle aches, GI problems, loss of sense of smell/taste. Visual check for flushed cheeks, rapid breathing, extreme fatigue. Campers with underlying health conditions must consult with their doctor about their decision to attend camp. Campers may not attend camp if they, anyone in their household, or anyone with whom they have been in contact exhibits any symptoms of COVID-19 or tests positive within 14 days of camp.  Families are required to prescreen their health status and be conscious of the safety of their family, social, and public activities in the days leading up to camp and during camp itself.  While we will follow all government requirements to the best of our ability, we cannot guarantee the health of your child or family.
8. Photographs or Imaging:  Participant hereby grants the Recreation Provider the right to take and use photographs, video, film, and other images of me and/or my minor child participating in or observing the Activities. Participant waives any right of privacy, publicity, compensation, copyright or other rights to those images and consents to Camp Tecumseh YMCA using those images for any purpose.
9. Modifications: This agreement must be signed with NO additions, deletions, or changes for the Participant to take part in the Activities and/or use Camp Tecumseh YMCA.
10. Binding Effect: This agreement shall by binding upon the Participant’s relatives, personal representatives, members, heirs, beneficiaries or assigns and shall inure to the benefit of Camp Tecumseh YMCA, and its respective owners, administrators, trustees, directors, officers, managers, employees, agents, representatives, volunteers, successors and assigns.
11. Severability: If any provision (or portion of any provision) of this agreement is held to be invalid or unenforceable for any reason, the remainder of this agreement shall continue in full force and effect. However, if limiting such provision would make the provision valid, than such provision shall be deemed to be construed as so limited.

Applicable Law: This agreement shall be governed, construed, and enforced in accordance with the law of Indiana. Any lawsuit concerning this agreement shall be filed in the District Court in and for Carroll County, State of Indiana. This agreement and its terms are perpetual and do not expire.

Equestrian/Trail Ride

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOU UNDERSTAND IT AND AGREE ON ITS TERMS. BY SIGNING THIS AGREEMENT, YOU AND YOUR CHILD ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGES, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE OF THE STABLE; IT’S OWNER, EMPLOYEE AND AGENTS (“THE RELEASEES”).

 

In consideration for allowing me (and/or my minor child) to handle and ride a horse and on behalf of myself, my child or our personal representatives, heirs, next-of-kin, spouses and assigns, I HEREBY:

 

1. ACKNOWLEDGE THAT HORSEBACK RIDING IS AN INHERENTLY DANGEROUS ACTIVITY AND INVOLVES RISKS THAT MAY CAUSE SERIOUS INJURY AND IN SOME CASES DEATH, because of the unpredictable nature of horses, regardless of their training and past performance a horse may, without warning or any apparent cause, buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person’s feet, push or shove a person – all of which may cause the rider to fall or be jolted, resulting in serious injury or death.  I understand that: SADDLE GIRTHS (saddle fasteners around horse’s belly) may loosen during a ride.  If a rider notices this he/she must alert the nearest guide or wrangler as quickly as possible so action can be taken to avoid slippage of saddle and a potential fall from the animal. 
2. ACKNOWLEDGE RIDER RESPONSIBILITY – The undersigned will be given basic riding instruction prior to riding, yet there is potential for the participant to act or fail to act in a manner that could contribute to injury, loss, or death.  The rider understands that by mounting a horse and taking up the reins that the rider is in primary control of the horse.  The rider’s safety largely depends on his/her ability to carry out simple instructions and his/her ability to remain balanced aboard the moving equine.  For the comfort and safety of the horse and rider, a 300 lb weight limitation is in effect and is variable depending upon ambulatory status, range of motion, and the discretion of the Equestrian Director. 
3. VOLUNTARILY ASSUME THE RISK AND DANGER OF INJURY or death inherent in the use of the horse, equipment and gear provided to me by Camp Tecumseh YMCA.   
4. RELEASE, DISCHARGE AND PROMISE NOT TO SUE Camp Tecumseh YMCA, doing business under its own name or any other name and/or any of its owners, officers, employees and agents (hereinafter the “Releasees”), for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to my person or property.
5. RELEASES AND RELEASEES from any claim that such Releasees are or may be negligent in connection with my riding experience or ability including but not limited to training or selecting horses, maintenance, care, fit or adjustment of saddles or bridles, instruction or riding skills or leading and supervising riders.
6. INDEMNIFY, AND SAVE AND HOLD HARMLESS Camp Tecumseh YMCA, instructors, its employees and agents from and against any loss, liability, damage or cost they may incur arising out of or in any way connected with either my use of the horse and any equipment of gear provided therewith or any acts or omissions of staff or other employees or agents.
7. THE UNDERSIGNED EXPRESSLY AGREES THAT THE FOREGOING RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT IS GOVERNED BY THE STATE OF INDIANA and is intended to be as broad and inclusive as is permitted by Indiana Law, and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.  Any lawsuits that arise out of this agreement shall be brought in Carroll County, Indiana. 
8. ACKNOWLEDGE THAT THIS DOCUMENT IS A CONTRACT and agree that if a lawsuit is filed against Camp Tecumseh YMCA or its owner, agents, employees, guides or staff for any injury or damage in breach of this contract, the Undersigned will pay all attorney’s fees and costs incurred by Camp Tecumseh YMCA in defending such an action.

 

WARNING: Under Indiana Law, an equine professional is not liable for an injury to, or the death of a participant in equine activities resulting from the inherent risks of equine activities.   Indiana State Equine Statute 34-31-5

 

I have made a free and deliberate choice to sign this Release and Waiver as a condition to Releasees allowing me or my child to ride or handle a horse. I have concluded that the risks involved and the release and waiver of liability is worth the pleasure of a horseback riding experience.

I HAVE READ THIS AGREEMENT. I UNDERSTAND THAT BY MAKING THIS AGREEMENT I SURRENDER VALUABLE RIGHTS. I DO SO FREELY AND VOLUNTARILY. I FURTHER CERTIFY THAT I AM OF LAWFUL AGE AND LEGALLY COMEPTENT TO SIGN THIS AGREEMENT. I UNDERSTAND THAT THE TERMS HEREIN ARE CONTRACTUAL AND NOT A MERE RECITAL. IF I HAVE ANY DOUBTS CONCERNING THE CONTENTS OF THIS AGREEMENT I AGREE TO CONSULT AN ATTORNEY BEFORE SIGNING IT.

MINOR RELEASE: (must be completed by Parent/Guardian for any participant under the age of 18)

I, the minor’s parent and/or legal guardian, understand the future of the Activities and the minor’s experience and capabilities and believe the minor to be qualified, in good health, and in proper physical condition to participate in such Activities. I hereby consent and agree not only to his/her release of all Releasees, but also to release and indemnify the Releasees from any and all liabilities incident to his/her involvement in the Activities and/or use of equipment provided by Camp Tecumseh YMCA for myself, my heirs, assigns and next of kin. By signature hereto I agree to join in and be bound by all the terms of this agreement the same as the minor.