ASSUMPTION OF RISK, RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE (2021 Fall Retreats)
(If Participant Is Under 18 Years Old This Document Must Be Signed by Parent or Legal Guardian) THIS ASSUMPTION OF RISK, RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE (this “Release”) is made as of the date signed by or on behalf of the minor participant identified below (the “Participant”) in favor of and for the benefit of First United Methodist Church, Hendersonville, Sumner County, Tennessee, Inc. (“HFUMC”), a Tennessee not for profit corporation.
Participant is a member of HFUMC or a guest of HFUMC who desires to participate in the 2021 Fall Retreats described herein that is being organized by HFUMC. If Participant is under 18 years of age, the consent of Participant’s parent or legal guardian is required to participate in the off-campus event identified below (the “2021 Fall Retreats”). The undersigned parent or guardian (the “Parent”) represents and warrants that he/she has the legal capacity and authority to sign this Release and deliver it to HFUMC on behalf of Participant. The Participant and Parent (if applicable), whether one or both, are referred to together as the “Undersigned.”
In consideration of HFUMC offering Participant the opportunity to participate in the 2021 Fall Retreats and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Undersigned represent, warrant and agree as follows:
1. Risks and Risk Management. The Undersigned recognize and acknowledge that any travel in a motor vehicle on public or private streets or highways, as well as hiking, walking, driving or otherwise traversing the land area in which the 2021 Fall Retreats shall be conducted, whether private or public, necessarily involve risks of bodily injury, death and property damage. The Undersigned further recognize and acknowledge that Participant must comply with all instructions provided by the event leaders and maintain good personal conduct throughout the 2021 Fall Retreats.
2. Assumption of Risk. The Undersigned, knowingly, voluntarily and willingly assume all risks involved in riding in a vehicle in to, from or otherwise in connection with the 2021 Fall Retreats and all other risks that may arise during the 2021 Fall Retreats, irrespective of whether such risk is reasonably foreseeable as of the date of this Release. HFUMC will provide group roundtrip transportation. If the Student does not utilize the H F U M C - provided transportation, the Undersigned shall be solely responsible for the scheduling and safety of all such travel arrangements.
3. Release and Waiver. The Undersigned shall and do hereby release HFUMC and its trustees, officers, employees, attorneys and agents (collectively, the “HFUMC Interests”) from all claims by or on behalf of Participant against any of the Participant Interests relating to or arising from travel in a vehicle in connection with the 2021 Fall Retreats or otherwise in the course of or in connection with the 2021 Fall Retreats. This Release includes all claims for injuries, accidents, sickness or damages of any nature whatsoever sustained by Participant or any person making any claim on behalf of Participant. This Release shall be construed as broadly as possible, and shall include any and all claims for negligence (including gross negligence) or intentional acts by any one or more of the HFUMC Interests relating to or arising from travel or participation in connection with the 2021 Fall Retreats.
4. RELEASE, INDEMNIFICATION, AND HOLD HARMLESS REGARDING COMMUNICABLE DISEASES INCLUDING COVID-19. In further consideration of being allowed to participate in the 2021 Fall Retreats and related activities, the Undersigned acknowledge, appreciate, and agree that:
● Voluntary participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
● Participant willingly agrees to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, Participant, or the Undersigned on behalf of Participant, observe and any unusual symptoms or significant hazards during Participant’s presence or participation, Participant will remove himself/herself from participation and bring such to the attention of the nearest official immediately; and
Therefore, the Undersigned agrees that the release, indemnification and hold harmless as contained herein WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY related to the contraction of any communicable diseases, including COVID-19 or otherwise and WHETHER ARISING FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE HFUMC INTERESTS OR OTHERWISE, is applicable and enforceable to the fullest extent permitted by law.
5. Covenant Not to Sue. The Undersigned promise not to initiate a lawsuit or to bring any other claim against HFUMC arising out of or in any way related to the 2021 Fall Retreats.
6. Understanding. The Undersigned acknowledge, understand and agree that this Release is a legal document and that the Undersigned have the right to seek the advice of legal counsel regarding this Release and the terms thereof. Participant is participating in the 2021 Fall Retreats and the Undersigned are signing this Release as a deliberate and informed act of his, her or their own free will and accord, without reliance upon any representation, warranty or agreement of any kind or character by HFUMC or any authorized representative of HFUMC not expressly set forth herein.
7. Entire Agreement. This Release contains the entire agreement, waiver and release by or on behalf of the Undersigned in favor of HFUMC and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter hereof. No oral understandings, statements, promises or inducements contrary to the terms of this Release exist and this Release cannot be changed, altered or terminated except in a writing signed by the Undersigned and HFUMC that expressly provides that it changes, alters or terminates this Release.
8. Governing Law. This Release shall be governed by, construed and enforced in accordance with, and subject to, the internal substantive laws of the State of Tennessee. 9. Severability. If any provision of this Release shall be declared void for illegality by a court of law with jurisdiction over the subject matter of this Agreement, the other provisions not declared as void for illegality shall remain in full force and effect.
IN WITNESS WHEREOF, the Undersigned have signed and delivered this Release voluntarily on and as of the date first above written.