Camp Carl's Ltd. program involves a variety of activities that often include warm-ups, games, group initiative problems, the climbing tower, high and low ropes challenge course elements, horseback riding, swimming, waterslides, boating, skiing, tubing, and other rigorous physical adventure activities (the level of participation in a Camp Carl Ltd. program activity is at all times completely to the individual's choice). Yet, there is risk, which must be assumed by each participant that he or she may suffer an emotional or physical injury, disability, or loss of life.
Release Statement
I understand that parts of these activities may be physically of emotionally demanding. I affirm that I (or the participant) am in good health and not under a physician's care for an undisclosed condition that bears upon my (or their) ability to participate in any camp activities. I understand the Camp Carl Ltd. will provide safety equipment such as helmets and life jackets, as needed, for the activities that require it. I recognize the inherent risk of injury or disability and understand that each participant must assume the risk of physical injury that could result. I release Camp Carl Ltd., its staff members, and Board of Trustees from any liability resulting from participation in these activities. This release is governed by the State of Ohio.
EQUINE SECTION
I agree to the following Waiver, Agreement, and Liability Release with Camp Carl Ltd., as a condition for its allowing me, and the other persons identified below, to do any of the following: enter any premise or facility where Camp Carl Ltd. may conduct activities (referred to herein as 'The Property'), be near horses in connection with any Camp Carl Ltd. activity (regardless of who owns the horses) and/or engage in any other activity involving horses. I am making this Agreement regardless of whether these activities take place under the supervision of Camp Carl Ltd.
All parts of this Waiver, Agreement, and Liability Release shall apply to me, and the children/legal wards listed above. (We will collectively call ourselves 'I,' 'me,' or 'my' throughout this document.) This Waiver, Agreement, and Liability Release will be binding at all times, now and in the future, even after my relationship with Camp Carl Ltd. should end.
IT IS HEREBY AGREED AS FOLLOWS
1. I have requested to enter the premises, land, structures, or facilities where Camp Carl Ltd. may conduct any activities (referred to herein as 'The Property'), to be near horses in connection with any Camp Carl Ltd. activities (regardless of who owns the horses), and/or to engage in any other activity involving horses, whether or not under Camp Carl's Ltd. supervision.
2. Equine- Related Risks: I understand that anyone riding, handling, or even near a horse (referred to as 'equine') can suffer bodily and other injuries. Among other things, equine are unpredictable by nature. For example, when frightened, angry, or under stress, the natural instincts of up quickly, sin around, strike, or bite. I know that equine can do any of these things without warning. I also understand that all equines, even if they have no known history of hurting people or animals, are powerful and can be dangerous to people and other animals.
Further, I understand that riding, handling, or being near an equine can expose me to numerous hazards, which could include, for example: the propensity of an equine to behave in ways that may result in injury, harm, or death to persons around them; the unpredictability of an equine's reaction to sounds, sudden movements, and unfamiliar objects, persons, or other animals: certain hazards such as surface or subsurface conditions on, near, or off The Property; and/or collisions with other equines, animals, or objects. I understand these risks and dangers inherent in equine activities and I agree to assume them. I also understand that these are just some of the risks, and I agree to assume others. I am not relying on Camp Carl Ltd. to list all possible equine-related risks for me.
3. LIABILITY RELEASE: As consideration for being to enter The Property, to be near equines in connection with any Camp Carl Ltd. activities (regardless of who owns the equines), and/or to engage in any other activity involving horses/equines, whether or not under Camp Carl's Ltd. supervision, I assume full responsibility for any and all bodily injuries or damages which I may sustain when engaging in these and other activities. The term 'damages,' means, for example, medical expenses, losses incurred because of bodily injuries or property damages, and/or personal property damages. I, for my heirs, administrators, personal representatives or assigns, release and discharge Camp Carl Ltd., and its officers, directors, employees, agents, representatives, assigns, affiliated persons, and others acting on their behalf of and from any and all claims, demands, damages, actions, omissions, suits, or cause of action (present and future), whether the same by known or unknown, anticipated omissions, suits, or causes of action (present and future), whether the same by known or unknown, anticipated or unanticipated, resulting from or arising out of my bodily injury or damage that may be sustained, or property damage which may occur as a result of being on The Property, handling horses, being near horses, and/or engaging in any other activity involving horses, whether or not under Camp Carl's Ltd.supervision (except if such injury or damage is caused by Camp Carl's Ltd. gross negligence or wanton willful misconduct).
WARNING Under the Ohio Equine Activity Liability Act, (Ohio Revised Code Chapter 2305.321) an equine professional is not liable for an injury to or the death of a participant in an equine activity resulting from an inherent risk of the equine activity.
IT IS MUTUALLY UNDERSTOOD AND AGREED THAT THE LIABILITY RELEASE SET FORTH HEREIN SHALL CONSTITUTE A WAIVER OF LIABILITY BEYOND THE PROVISIONS OF THE OHIO EQUINE ACTIVITY LIABILITY ACT. BY SIGNING THIS AGREEMENT AND LIABILITY RELEASE, I AGREE NOT TO BRING ANY CLAIM OR SUIT AGAINST THE CAMP CARL LTD., AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNS, AFFILIATED PERSONS, AND OTHERS ACTING ON THEIR BEHALF ON THE BASIS OF ANY EXCEPTION IN THAT LAW. IN PARTICULAR, I WILL NOT BRING CLAIM OR SUIT AGAINST THE CAMP CARL LTD. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNS, AFFILIATED PERSONS, AND OTHERS ACTING ON THEIR BEHALF FOR: (1) FAULTY TACK OR EQUIPMENT: (2) FAILURE TO MAKE REASONABLE AND PRUDENT EFFORTS TO DETERMINE AN EQUINE ACTIVITY PARTICIPANT'S ABILITY OT SAFELY MANAGE AN EQUINE; (3) A DANGEROUS LATENT CONDITION ON, NEAR, OR OFF THE PROPERTY; OR (4) ANY ACT OR OMISSION THAT MAY CONSTITUTE ORDINARY NEGLIGENCE BY THE CHAPEL/CAMP CARL OR AFFILIATED PERSONS OR ENTITIES (EXCEPT FOR GROSS NEGLIGENCE OR WANTON AND WILLFUL MISCONDUCT).
It is my intention to release and hold harmless Camp Carl Ltd. and the above- described persons and entities associated with Camp Carl Ltd. to the fullest extent allowed under the law.
4. INDEMNIFICATION. I also agree to indemnify and hold harmless Camp Carl Ltd. and its officers, directors, employees, agents, representatives, assigns, affiliated persons and others acting on their behalf against all damages sustained or suffered by any persons who are not parties to this Agreement that I may cause while this Waiver, Release of Liability and Indemnity Agreement is in effect. The Indemnification shall also include reimbursement of Camp Carl's Ltd. attorney fees and costs.
5. HELMETS/HEADGEAR. I agree to be fully responsible for my own safety at all times. Camp Carl Ltd. has suggested that I wear properly fitted and secured ASTM-standard/SEI-certified equestrian protective headgear when riding or near equine. All riders under age 18 are required by Camp Carl Ltd. to wear a helmet when participating in riding activities at Camp Carl Ltd. Camp Carl will provide helmets for all riders who wish to use them. I am not relying on Camp Carl Ltd. to check any helmet or strap that I may wear, or to monitor my compliance with this suggestion at any time.
6. LAW/BINDING EFFECTS/FEES. Ohio law governs this Waiver, Agreement and Liability Release. I agree that this document will been enforced to the greatest permitted by Ohio law. If any clause should conflict with Ohio law, only that clause will be null and void but the remainder will stay in full force and effect. Should I file a lawsuit in breach of this Waiver, Agreement, and Liability Release, I agree to pay the attorney fees and cost incurred by Camp Carl Ltd. and other persons and entities, described above, who are directly or indirectly associated with Camp Carl Ltd.
WAIVER OF CLAIMS. In consideration of being allowed to utilize Camp Carl's Ltd. facilities and premises, Guest (referred to herein as 'Releasor'), hereby waives any and all claims, demands, damages, actions, or suits, in law or in equity, whether heretofore or hereafter accruing, or whether now known or not known to the parties, which may arise from any negligent or grossly negligent act or omission of Camp Carl Ltd., or its predecessors, successors, assigns, officers, directors, trustees, faculty, employees, volunteers, agents, or legal representatives (collectively referred to herein as 'Releasees'), including but not limited to claims for negligence, gross negligence, personal injury, and mental anguish, for or because of anything done or omitted, or suffered to be done, directly or indirectly related to Guest's use of and entrance upon Camp Carl's Ltd. facilities and premises relating to or resulting from possible or actual exposure to Covid-19. Releasor further waives any and all liability of Releasees for their negligence or gross negligence causing any accident, illness, injury, loss or damage to personal property, or any other consequences arising or resulting directly or indirectly from Guest's use of and entrance upon Camp Carl's Ltd. facilities and premises. Releasor acknowledges and agrees that Releasees assume no responsibility for any liability, damage, or injury that may be caused by the negligent, grossly negligent, or willful acts or omissions committed prior to, during, or after Guest's use of and entrance upon Camp Carl's Ltd. facilities and premises. By signing this agreement Releasor is giving up legal rights.
MEDIA RELEASE: I hereby grant Camp Carl ('Camp'), and their agents the absolute right and permission to use photographic portraits, pictures, digital images, or videos of My Child, as well as spoken, written, typed/texted, or recorded testimonials/quotes, in which My Child may be included in whole or part, or reproductions thereof in color or otherwise for any lawful purpose whatsoever, including but not limited to use in any Camp publication, social media page, or on the Camp websites, without payment or any other consideration. I hereby waive any right that I may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, wherein My Child's likeness or testimony/quote appears, or the use to which it may be applied. I hereby release, discharge, and agree to indemnify and hold harmless Camp Carl and their agents from all claims, demands, and causes of action that I or My Child have or may have by reason of this authorization or use of My Child's photographic portraits, pictures, digital images or video, as well as spoken, written, typed/texted, or recorded testimonials/quotes, including any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said images or video, or in processing tending towards the completion of the finished product, including publication on the internet, in brochures, letters, or any other print or digital advertisements or promotional materials.