Please read and sign each waiver below
Release and Waiver of Liability
Please read this form carefully and be aware that you will be waiving and releasing all claims for injuries sustained by you in connection with the Guts Kids VBS Event (the “Event”). GUTS Church reserves the right to prohibit participation by those persons they feel would be in danger due to health or physical restrictions. Influence under alcohol or drugs, excessive roughness or disregard to equipment shall also be cause to prohibit participation.
I, the undersigned, hereby agree and understand that this Release and Waiver of Liability (this “Release”) must be signed by me (or my parent/legal guardian if under the age of 18) prior to attending or assisting with the Event. I hereby acknowledge and represent that I have no health conditions that would be negatively affected by active participation in this Event. As a volunteer or participant, or guardian or host of a volunteer or participant, of the Event, I recognize and acknowledge that there are certain risks of physical injury, property damage or even death which accompany such participation including, but not limited to, walking or being transported to buildings on Guts Church campus, and I agree to assume the full risk of any such injuries, including death, and all resulting damages or loss which I may sustain as a result of participating in the Event or any matters incidental thereto.
I hereby waive and relinquish all claims, including any claims relating to first-aid or medical treatment or lack thereof, against GUTS Church and any of its respective directors, officers, agents, volunteers and employees (collectively, the “Releasees”) that I have as a result of participating in the Event.
I do hereby fully release and discharge, and agree to indemnify, hold harmless and defend, GUTS Church and all other Releasees from any and all costs, including attorney’s fees, damages or liability related to injuries, including death, personal injury or damage to or loss of property which I may have or claim, or which may accrue to me on account of my participation in the Event.
I grant and convey to GUTS Church all right, title and interests in any and all photographs, images, video or audio recordings of me or my likeness or voice made by GUTS Church in connection with my participation in the Event.
As a volunteer or participant, I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Oklahoma, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Oklahoma. I agree that in the event that any clause or provision of this Release is deemed invalid, the enforceability of the remaining provisions of this Release shall not be affected.
I have read the above Release and understand that by signing below, I have given up substantial rights and am willingly and voluntarily participating in this Event.
Power of Attorney
I, the undersigned parent or legal guardian of the child shown above, understand that in the event of an emergency, every effort will be made to contact me. In the event that I cannot be reached, I authorize Power of Attorney to Guts Church leadership or Medical Personnel to administer first aid and authorize the appropriate hospital, emergency medical, dental, or surgical care and treatment for my child while participating in Guts Church VBS.
I, the undersigned parent or legal guardian of the child shown above, give consent to Guts Church, or any party authorized by Guts Church, to use my son’s/my daughter’s photograph taken in connection with Guts Church services or events for any Guts Church purpose including, but not limited to, use in printed publications, social media, video and audio productions, advertising and promotional materials, or other media. I release Guts Church, from any and all liability that may arise in connection with such use. I am the parent or legal guardian of the child named below and have the legal authority to execute this consent and release.
THIS AGREEMENT RELATES TO ALL GUTS ROCK WALLS AND FACILITIES (COLLECTIVELY, THE “ROCKWALLS”).
We know and acknowledge that climbing Rock Walls are inherently dangerous sports and activities in which we choose to voluntarily participate at our own risk. We are aware that the usual risks, hazard and dangers of personal injury, death and disability or property damage and loss (collectively “Damages”), necessarily increase when propelling on the rockwall. (All of the above defined activities are collectively referred to throughout this Agreement as “the Hazardous Activities.”)
By this agreement it is our intention to relieve “GUTS” (as such term is defined below) of any duty to us and we do assume the entire risk of any of the Damages which might occur during or as a result of my use of or presence at the GUTS Rock Walls and all Guts Facilities. By this agreement, we also intend to release, discharge and absolve GUTS from any and all liability for any active or passive negligence whatsoever by any persons themselves at the Parks, and to waive and relinquish any claim or cause of action against GUTS for any loss, claim, damage, personal injury, disability, death, medical and any other type of expense or property damage or loss caused by any negligence of GUTS and promise not to sue or exercise any legal right to seek damages from GUTS.
In consideration of utilizing the Rock Walls, we agree as follows:
1. As to my participation in any activity, including but not limited to, the Hazardous Activities and as to any and all liability for the Damages which I may suffer or incur due to any cause whatsoever, while in the interior or exterior of the premises of the Parks, we hereby agree:
a. To waive any and all claims for Damages that I may have against GUTS, its managers, employees, officers, directors, associates, agents, contractors, volunteers, sponsors, vendors or exhibitors or any other person or company in any way associated with it (collectively “GUTS”);
b. To release GUTS from any and all liability for the Damages that I may suffer or incur, or that my next of kin may suffer as a result of my participation in any activity, including but not limited to, Hazardous Activities while at GUTS; and
c. To hold harmless and indemnify GUTS from any and all liability for the Damages to any third party resulting from my participation in any activity, including but not limited to, the Hazardous Activities while at GUTS.
2. This waiver and release of liability and indemnification agreement (collectively referred to hereafter as “Waiver and Release”) shall be effective and binding upon my heirs, next of kin, family, relatives, guardians, conservators, executors, administrators, trustees and assigns in the event of my injury, disability or death.
3. WE HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE RULES OF SAFETY/CONDUCT GOVERNING MY CONDUCT WHILE USING THE ROCKWALLS. WE UNDERSTAND THAT THESE RULES ARE STRICTLY ENFORCED.
Any dispute, controversy, or claim arising out of or related to this Agreement or the interpretation of this Agreement with GUTS shall be settled by arbitration in accordance with the Rules of the American Arbitration association, except to the extent modified below. The place of arbitration shall be the county or jurisdiction in which the relevant Park is located. The Award of the arbitrator (the “Award”) shall be final and binding upon the parties and judgment upon the Award may be entered by any court of competent jurisdiction. The arbitrator shall be required to determine all issues in accordance with substantive law of the state or jurisdiction shall be applicable to the arbitration proceeding. The allocation of the costs for any such arbitration shall be reserved for determination by the arbiter. Until such determination is made, such costs shall be equally split by and between the parties hereto.
NOTICE: BY SIGNING THIS RELEASE AGREEMENT, THE UNDERSIGNED IS AGREEING TO HAVE ANY CLAIM DECIDED BY NEUTRAL ARBITRATION AND IS GIVING UP THE RIGHT OT A JURY OR COURT TRIAL.
The undersigned further AGREES that this Agreement is intended to be as broad and inclusive as is permitted by the law of the state or jurisdiction in which the relevant Rock Wall is located, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
The undersigned further certifies that he/she has no medical condition which would cause participation in activities at the Rock Walls to be potentially hazardous to his or her health. In addition, this Agreement shall constitute authorization for the Rock Walls to provide or cause to be provided such medical treatment to the undersigned as may be necessary or appropriate if any injury occurs while at the Rock Walls.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS AGREEMENT, and further agrees that no oral representations, statements, or inducements apart from this Agreement have been made by GUTS or the Rock Walls or anyone else with regard to the subject matter of this Agreement.
My parent or legal guardian and I hereby certify that I am under 18 years old. We have completely read and understand this Agreement and its terms. Prior to signing this Agreement, we have had the opportunity to ask any questions about this Agreement, GUTS and the Rock Walls. We are aware that, by signing this Agreement, we assume all risks and waive and release certain rights that I and my heirs, next of kin, family, relatives, guardians, conservators, executors, administrators, trustees and assigns may have against GUTS.