Summary:
No activity is 100% risk free, you understand that participation involves risk. Your camper is attending camp voluntaraly and is able to participate in camp activities. You understand and accept the risks involved.
Full Text:
I affirm that my participation in {myCamper69} is entirely voluntary and understand that participation in {myCamper69} involves a risk of injury due to certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from minor injuries such as scratches, bruises, and sprains, to catastrophic injuries, including death. I understand that if I have questions about possible hazards, it is my responsibility to seek additional information from {myCamper69} staff prior to signing this Form. I also understand that, despite safety precautions, neither {myCamper69} nor UNITARIAN-UNIVERSALIST ROWE CAMP AND CONFERENCE CENTER INC. (hereinafter, “Rowe Center”), can guarantee that I will not be injured. I agree to assume these risks.
I understand that the best way to make sure that I remain safe and avoid injury is to follow the rules, regulations, and instructions of the staff of {myCamper69}. I agree that I will learn and obey all the rules and regulations and will follow all instructions of the staff of {myCamper69}.
PARENT/GUARDIAN AGREEMENT AND RELEASE
I, {nameOf341} the parent/guardian of {campersLegal} hereby give permission for {campersLegal} to engage in all programs and activities of {myCamper69}, except as noted below. I affirm that attending {myCamper69} is voluntary. I understand and acknowledge that attending {myCamper69} may involve certain risks above and beyond the control of {myCamper69} and/or its representatives and agents, including Rowe Center and/or its representatives and agents, including their current and former officers, directors, employees, agents, affiliates, volunteers, successors, and assigns, (hereby “Released Parties”). I do hereby and forever release, acquit, discharge and covenant to hold harmless the Released Parties from any and all actions, causes of action, claims, demands, damages, loss of service, loss of consortium, expenses and compensation on account of, or in any-way growing out of, any and all personal injuries and property damages, whether based in tort, negligence, statute, contract or otherwise, including, but not limited to, accidents, injuries, catastrophic injuries, emergencies, death, exposure to reckless conduct of other persons, including campers, volunteers and visitors, natural disaster, world events, pandemics, including but not limited to COVID-19, terrorism, and/or negligence of medical personnel, suffered by my child/ward or caused by my child/ward, which may arise at any time during {myCamper69}, and which I/we may hereafter have, either before or after my child/ward has reached majority. Together with my child/ward, I/we further promise to bind ourselves, jointly and severally, to reimburse to the Released Parties any sum of money which they have been compelled to pay, because of any injury or damage, or for any reason, on behalf of my child/ward/myself while at {myCamper69}.
I understand that there are risks inherent in the activities my child/ward will engage in at {myCamper69} (some of which are described above) which may cause serious injury or even death. I also understand that, despite safety precautions, neither {myCamper69}, Rowe Center, nor any of the Released Parties can guarantee that my child/ward will not be injured. My child/ward and I are willing to assume these risks. To minimize the risk, I have instructed my child/ward to obey all the rules, regulations and instructions of {myCamper69}.
ASSUMPTION OF RISK, WAIVER OF LIABILITY, RELEASE & AGREEMENT NOT TO SUE:
In consideration for permitting me/my child/ward to participate in the Camp, I voluntarily agree, for myself, my heirs, executors, and administrators, to the following:
TO THE TERMS OF THE AGREEMENT AND RELEASE AND PARENT/GUARDIAN AGREEMENT AND RELEASE STATED ABOVE.
TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, OR PERSONAL INJURY, that may be sustained by me/my child/ward, and/or any loss or damage to property owned by me/my child/ward, as a result of or related to attending, and/or traveling to or from, {myCamper69}.
TO RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE, & AGREE NOT TO SUE the Released Parties named above, from any and all liability, claims, actions, demands, expenses, attorneys fees, breach of contract actions, breach of statutory duty, and/or other duty of care, warranty, strict liability actions, and causes of action whatsoever, that my child/ward/I might now have or may acquire in the future, more fully described above, arising out of or related to any loss, damage, and/or injury, including death, that may be sustained by me/my child/ward, or to any property belonging to me/my child/ward, while traveling to or from, and/or attending {myCamper69}.
TO THE TERMS OF THE BEHAVIOR EXPECTATION AGREEMENT.
I have reviewed CAMP NAME Behavior Expectations with my child/ward and understand and agree that the terms. We acknowledge that the Camp Director, in his or her discretion, reserves the right to send campers or volunteers home if the Behavior Expectations are not followed.
THAT IF ANY TERM OF THIS RELEASE IS held by a court of competent jurisdiction to be invalid or unenforceable, then this Release, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
THAT THIS RELEASE SHALL BE GOVERNED BY AND CONSTRUED in accordance with the laws of the Commonwealth of Massachusetts. I agree that the parties will use reasonable efforts in good faith to discuss and attempt to resolve any dispute arising under this Agreement, Release, and Waiver of all Claims as soon as practicable and without the necessity of any formal proceeding. I agree that if the parties fail to resolve the dispute within a reasonable time, and the dispute does not involve a claim of breach of the Rowe Center’s confidentiality or intellectual property rights, either party may request in writing that the parties enter into mediation. I agree that the parties will hire and share the costs of a mediator, and will exchange relevant information and set a date for negotiations. Such mediation shall proceed in accordance with the mediation rules of the American Arbitration Association or any other rules mutually agreeable to the parties. I agree that all negotiations will be conducted in strict confidence and without prejudice to the rights of the parties in any future legal proceedings. I agree that, unless required by law or compelled by authorities, the mediator, the parties, counsel, and any other participants will be prohibited from divulging outside of the mediation any oral or written information disclosed by the parties or by witnesses in the course of the mediation. Nevertheless, parties and their counsel may disclose information obtained at the mediation session to necessary members of their respective organizations and to insurance representatives, who shall also be bound by the confidentiality provisions of this Agreement, Release, and Waiver of all Claims. I agree that neither party may commence legal proceedings under the jurisdiction of the courts until after the parties have engaged in mediation and, after at least thirty (30) days, have failed to reach a settlement. I agree that if the parties reach a settlement, it will be reduced to writing and, once signed by each of the parties, will be binding on the parties.
ACKNOWLEDGMENT
We acknowledge and verify that we have reviewed the application, and to the best of our knowledge, the information provided on the application is accurate.
In addition to all of the terms and conditions stated above, I further agree, certify and acknowledge that I am the parent or legal guardian of the minor child, that I have the legal authority to execute this Release and Waiver of All Claims on behalf of my minor child and that I hereby give my permission for my minor child to participate in the activities.
By signing below, we acknowledge that we have read, understand and agree to the terms outlined above, and that we fully understand the risks associated with participation at {myCamper69}, and the consequences of signing this Agreement/Waiver knowingly, freely and willingly. I understand that my typed or e-signature, below, is binding and shall be considered to be the same as my handwritten signature for the purposes of legal validity, enforceability, and admissibility.