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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.