1. Compliance with Rules and Regulations. Facility User shall use the Facilities at Facility User’s risk and in compliance with all rules and regulations relating to each and every portion of the Facilities promulgated by Gull Lake Ministries, its partners and/or agents from time to time. This shall include but not be limited to the wearing of safety equipment for water sports, target sports, zip line and climbing tower, as well as any other activities requiring protective gear. Furthermore, Gull Lake Ministries reserves the right to deny or terminate Facility User’s use of facilities whenever, in the Executive Director’s sole discretion, the speech or conduct of a Facility User is contrary to the Gull Lake Ministries Statement of Faith or biblical ethics.
2. Assumption of Risk. FACILITY USER ACKNOWLEDGES THAT (A) FACILITY USER IS USING THE
OVERALL FACILITIES AT FACILITY USER’S OWN RISK WHETHER OR NOT A GULL LAKE MINISTRIES ATTENDANT IS PRESENT, (B) THE ACTIVITIES TO BE ENGAGED IN BY FACILITY USER MAY BE DANGEROUS AND MAY INVOLVE THE RISK OF SERIOUS INJURY, DEATH AND/OR PROPERTY DAMAGE; AND (C) FACILITY USER ASSUMES FULL RESPONSIBILITY FOR ANY INJURIES, DAMAGES OR LOSSES WHICH MAY OCCUR TO OR BE OCCASIONED BY FACILITY USER IN OR ABOUT THE OVERALL FACILITIES.
3. Release. Facility User and its heirs and family members (the “Releasing Parties”) covenant not to sue and hereby release, remise and forever discharge Gull Lake Ministries and its past, present or future officers, directors, agents, employees, partners and representatives (the Released Parties”) from and against all actions, causes of action, suits, damages, judgments, claims, counterclaims, demands, liabilities and obligations whatsoever, known or unknown, direct or indirect, liquidated or contingent, at law or in equity, which the Releasing Parties or any of them now have, ever had or hereafter can, shall or may have against the Released Parties for or by reason of any matter, cause or thing whatsoever occurring, arising out of, related to or in connection with the Overall Facility, whether or not arising out of future events.
4. Indemnification. The Releasing Parties shall at all times be responsible for and protect, indemnify, defend and save harmless the Released Parties from and against any and all loss, cost, damage or expense, including attorneys fees and legal/mediation/arbitration costs, arising out of or from, relating to, in connection with or occasioned by (a) the use or intended use of any portion of the Facilities by Facility User; (b) any accident or other occurrence causing injury to the person or property of Facility User relating to such use or intended use; or (c) any claim, counterclaim, cause of action, demand or suit by or on behalf of a minor child Facility User not a signatory to this Agreement brought against the Released Parties relating to the Facilities. Any claim or dispute arising from or related to this agreement shall be settled by mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker Ministries (complete text of the Rules is available at www.Peacemaker.net), subject to any terms to the contrary contained in this Agreement. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.
5. Continued Use of the Overall Facility. Facility User acknowledges that the terms and conditions of this Agreement shall relate to the first time Facility User uses any portion of the Facilities and all Facility User’s future use of any portion of the Facilities, it being the intention of Gull Lake Ministries that this Agreement shall be a continuing assumption of risk, waiver and indemnification for each and every time Facility User uses any portion of the Facilities.