DISCIPLESHIP PLUS, INC. PARTICIPANT AGREEMENT v1
(For purpose of this Agreement, Participant/Worker/Volunteer and Parent/Guardian will be referred to collectively as “Participant.”)
In consideration of the opportunity to participate in any activity at a Discipleship Plus, Inc (dba Sports Plus) event (hereinafter “Discipleship Plus”), Participant acknowledges and agrees to the following:
1. Acknowledgment and Assumption of Risks. Participant understands that Discipleship Plus activities range from mild to strenuous and, like all recreation, they include inherent and other risks and dangers which can cause loss or damage to personal property, physical or psychological damage and injury such as sprains, breaks, cuts, bruises, emotional trauma, illnesses, exposure to a communicable disease such as COVID-19, the novel SARS-2 coronavirus, or similar contagion, and the remote possibility of serious injury or death. Participant understands the activities and their risks. Participant acknowledges that Participant will be able to ask questions of Discipleship Plus staff regarding risks or dangers associated with Discipleship Plus activities and environment (which may be the premises of a hosting church or school). Participant's participation in any activity is voluntary and Participant may decline to participate in any activity. Participant acknowledges and assumes all risks of participation in a Discipleship Plus activity, inherent and otherwise, and whether or not described above or in the materials provided by Discipleship Plus.
2. Activity Permission. Participant understands and agrees that, in addition to traditional sports & recreational activities, Discipleship Plus activities include, but not limited to sports, crafts, inflatables, indoor/outdoor games and activities and traveling to the locations of various activities. Participant understands that by participating in these activities, Participant may be exposed to the elements of nature, including temperature extremes, inclement weather, insects, plants, animals and accidents or illness in a location without onsite medical facilities. Participant understands that Participant may be participating in strenuous activities that will have inherent and other risks or dangers associated with them. Participant understands that Participant may ask any questions of Discipleship Plus staff to receive a full and complete understanding of any such risk or danger associated with any activity. Participant may decline to participate in any activity. Participant grants permission to participate in and be transported to all Discipleship Plus activities unless specified in a written note to Discipleship Plus Participant agrees to follow all rules, guidelines, and equipment requirements for all activities as specified by Discipleship Plus staff.
3. Acknowledgement of Discipleship Plus Purpose. Participant acknowledges and understands that Discipleship Plus is organized and operated exclusively for Christian purposes. We treat all participants with respect and dignity, regardless of their religion or beliefs and we request our participants respect our beliefs as stated in Discipleship Plus written materials while participating in Discipleship Plus activities. Participants who engage in disrespectful or harmful behavior or who refuse to abide by the instructions provided by Discipleship Plus staff, while utilizing leased facilities or participating in Discipleship Plus activities are subject to removal from the leased facility or program at Discipleship Plus’s discretion.
4. AGREEMENTS OF RELEASE AND INDEMNITY. FURTHER, IN CONSIDERATION OF THE RIGHT TO PARTICIPATE IN A DISCIPLESHIP PLUS ACTIVITY, TO THE MAXIMUM EXTENT ALLOWED BY LAW, PARTICIPANT RELEASES, AND AGREES NOT TO BRING ANY CAUSE OF ACTION AGAINST DISCIPLESHIP PLUS, ITS OWNERS, MANAGERS, EMPLOYEES, MEDICAL PERSONNEL, CONTRACTORS OR ANY RELATED PARTIES (THE 'RELEASED PARTIES') FOR LIABILITY OR CLAIMS OF ANY NATURE, INCLUDING LOSS OR DAMAGE TO PROPERTY, PERSONAL INJURY, EXPOSURE TO COMMUNICABLE DISEASE, SUCH AS COVID-19, NOVEL SARS-2 CORONAVIRUS, OR SIMILAR CONTAGION, OR DEATH, SUFFERED BY PARTICIPANT IN ANY WAY RELATED TO PARTICIPANT'S ENROLLMENT, PARTICIPATION IN, OR TRANSPORTATION RELATED TO A DISCIPLESHIP PLUS ACTIVITY. IN ADDITION, PARTICIPANT AGREES TO INDEMNIFY THE RELEASED PARTIES (THAT IS DEFEND THEM, INCLUDING SATISFACTION OF LIABILITIES, COSTS AND ATTORNEY'S FEES) FROM CLAIMS BROUGHT BY PARTICIPANT, MEMBERS OF PARTICIPANT'S FAMILY AND ANY OTHER PERSON ARISING OUT OF PARTICIPANT'S PARTICIPATION IN, OR TRANSPORTATION RELATED TO A DISCIPLESHIP PLUS ACTIVITY. THE CLAIMS WHICH ARE THE SUBJECT OF THESE AGREEMENTS OF RELEASE AND INDEMNITY INCLUDE THOSE ARISING FROM THE NEGLIGENCE OF ANY RELEASED PARTIES, EXCEPT NOT WHERE CAUSED BY ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTIES. THE ACTIVITIES INTENDED TO BE COVERED BY THIS AGREEMENT OF RELEASE AND INDEMNITY INCLUDE ACTIVITIES ON OR OFF DISCIPLESHIP PLUS PREMISES, INCLUDING TRANSPORTATION TO AND FROM DISCIPLESHIP PLUS ACTIVITIES AND ON DISCIPLESHIP PLUS LEASED FACILITIES OR ANY OTHER PREMISES UTILIZED BY DISCIPLESHIP PLUS FOR ANY OF ITS ACTIVITIES.
5. No Tobacco Products or Use of Alcohol, Marijuana, Fireworks, Firearms, or Illegal Drugs. The use of tobacco products (smoking cigars, cigarettes, vapes, e-cigarettes, pipes, or smokeless tobacco) and using or having alcohol, marijuana, fireworks, firearms, or illegal drugs is strictly prohibited on leased facility grounds and/or in leased facilities at all times.
6. Injury/Illness. Should Participant become ill or injured while participating in a Discipleship Plus activity, parents/guardians will be notified if, at the sole discretion of Discipleship Plus staff, such notification is necessary. Notification is usually reserved for emergency situations. Parent/Guardian may contact Discipleship Plus if at any time a parent/guardian has a question or concern regarding the health status or safety of Participant.
7. Medical Release. Participant understands that Discipleship Plus is not obligated to provide on-site medical care or facilities. In the event that Discipleship Plus does provide on-site medical care or facilities, Participant gives permission to the medical personnel selected by Discipleship Plus to provide routine healthcare, to administer medications, both over the counter and prescriptions, to order x-rays and routine tests, to hospitalize, secure proper treatment for and to order injection, anesthesia or surgery for Participant. Participant authorizes Discipleship Plus or its designees to provide or arrange necessary related transportation for Participant. In the event of an emergency, Participant gives permission to the medical personnel selected by Discipleship Plus to provide routine healthcare, to administer medications, both over the counter and prescriptions, to order x-rays and routine tests, to hospitalize, secure proper treatment for and to order injection, anesthesia or surgery for Participant. Participant authorizes Discipleship Plus or its designees to provide or arrange necessary related transportation for Participant. Guest Services can provide information regarding the availability of on-site medical care upon request. Please contact our offices at SportsPlusUSA@gmail.com or by calling 214-240-8189.
8. HIPAA & TMRPA Authorization. IN THE EVENT THAT THE PARTICIPANT REQUIRES MEDICAL ATTENTION WHILE PARTICIPATING IN AN ACTIVITY AT DISCIPLESHIP PLUS, PARTICIPANT AUTHORIZES AND DIRECTS EACH COVERED ENTITY (AS THAT TERM IS DEFINED BY HIPAA AND TMRPA 181.001) TO DISCLOSE TO DISCIPLESHIP PLUS ANY AND ALL PROTECTED HEALTH INFORMATION ('PHI') THAT DISCIPLESHIP PLUS MAY REQUEST. PARTICIPANT ALSO AUTHORIZES AND DIRECTS EACH COVERED ENTITY, TOGETHER WITH ITS EMPLOYEES AND OTHER AGENTS, TO DISCUSS PARTICIPANT'S PHI WITH DISCIPLESHIP PLUS AND TO ANSWER QUESTIONS ABOUT PARTICIPANT'S PHI THAT DISCIPLESHIP PLUS MAY ASK, WHETHER OR NOT PARTICIPANT IS INCAPACITATED AT THE TIME. THIS AUTHORIZATION IS VOLUNTARY AND IS ONLY VALID DURING THE PERIOD OF TIME WHEN PARTICIPANT IS PARTICIPATING IN AN ACTIVITY AT DISCIPLESHIP PLUS. NOTHING IN THIS AUTHORIZATION ALLOWS FOR DISCIPLESHIP PLUS TO REQUEST PHI CONTAINING MENTAL HEALTH INFORMATION, HIV/AIDS-RELATED INFORMATION, DRUG, ALCOHOL, OR SUBSTANCE ABUSE TREATMENT INFORMATION, OR GENETIC (INHERITED) DISEASES OR TESTS (COLLECTIVELY, 'SPECIAL INFORMATION') AND PARTICIPANT SPECIFICALLY DOES NOT AUTHORIZE ANY OF THESE TYPES OF SPECIAL INFORMATION TO BE DISCLOSED, USED, OR DISCUSSED TO OR WITH DISCIPLESHIP PLUS. PARTICIPANT UNDERSTANDS THAT HE/SHE MAY REVOKE THIS AUTHORIZATION EXCEPT TO THE EXTENT THAT ACTION HAS ALREADY BEEN TAKEN BASED ON THIS AUTHORIZATION. PARTICIPANT ACKNOWLEDGES THAT THE PHI USED OR DISCLOSED UNDER THIS AUTHORIZATION MAY BE SUBJECT TO RE-DISCLOSURE BY DISCIPLESHIP PLUS, AND THE PHI ONCE DISCLOSED MAY NO LONGER BE PROTECTED BY HIPAA, THE RULES PROMULGATED UNDER HIPAA, AND THE TMRPA.
9. Use of Personal Information/Images. Participant gives Discipleship Plus permission to make visual images (photographs, movies, videos) and audio recordings of Participant and to use such visual images and audio recordings on the Discipleship Plus website, in printed or electronic materials, or in other audio or visual communications, and Participant releases Discipleship Plus from any and all liability related thereto. Discipleship Plus will keep any and all personal information regarding Participant confidential and will not disclose or utilize it for any purposes other than Discipleship Plus internal records and marketing purposes.
10. Applicable Venue and Law. Any lawsuit, litigation, or dispute of any nature arising out of this agreement or as a result of participant's participation in a Discipleship Plus activity shall be brought in the courts of Dallas County, Texas. Furthermore, the laws of the state of Texas shall govern and control any such lawsuit, litigation, or dispute between participant and Discipleship Plus or any related or released party. Participant hereby consents to venue in Dallas County, Texas and to the governing authority of Texas law for any lawsuit, litigation, or dispute of any nature arising out of this agreement or as a result of participant's participation in a Dallas County activity, regardless of where this agreement is executed or performed or where such Discipleships Plus activity may occur.
11. Modification. No amendment of this Agreement will be effective unless it is in writing and signed by the parties.
12. Waiver. No waiver of satisfaction of a condition or a failure to comply with an obligation under this Agreement will be effective unless it is in writing and signed by the party granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other condition or failure to comply with any other obligation.
13. Severability. The parties intend as follows: (a) that if any provision of this agreement is held to be invalid, illegal or unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (b) that if an unenforceable provision is modified or disregarded according to this Section 14, then the rest of the agreement will remain in effect as written; and (c) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
14. Entire Agreement. This Agreement constitutes the entire understanding between the parties regarding the subject matter of this Agreement and supersedes all other agreements, whether written or oral, between the parties.
I HAVE READ THE ABOVE POLICIES, CONSENTS, PERMISSIONS, ASSUMPTIONS OF RISK AND AGREEMENTS OF RELEASE AND INDEMNITY AND AGREE TO ABIDE BY THEM TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, I HAVE READ THE HIPAA & TMRPA AUTHORIZATION PROVISION AND AGREE TO THE USES AND DISCLOSURE OF THE INFORMATION AS DESCRIBED.
IF SIGNING ON BEHALF OF A MINOR PARTICIPANT, I AM PROVIDING THE EXPRESS AUTHORITY OF MY CO-PARENT, CO-GUARDIAN, OR ANY OTHER PARTY WHOSE CUSTODIAL RIGHTS AND RESPONSIBILITIES COVER THE MINOR PARTICIPANT ON WHOSE BEHALF I AM ENTERING INTO THIS AGREEMENT.