I hereby certify that I am over the age of eighteen and a parent or legal guardian of Minor, who is under the age of eighteen, and that I am fully competent to sign this Release such that it is legally binding upon Minor. Minor has voluntarily chosen to participate in, and I have voluntarily granted my permission for Minor’s participation in the activities that Camp Westminster Foundation, Inc. (“Camp Westminster”) sponsors or conducts, and other activities incidental or related thereto (collectively, the “Activities”). In consideration of and as a condition to being permitted to participate in the Activities, I, on behalf of Minor and myself, Minor’s parents, guardians, representatives, estate, executors, heirs, next of kin, administrators, beneficiaries, insurers, successors and assigns, and anyone else who might now or in the future claim by or through me or Minor (collectively, “Minor’s Representatives”), hereby agree to be bound by this Release in its entirety.
Understanding the Risks. I certify that, except as expressly indicated on Minor’s Activities application, MINOR HAS NO MEDICAL CONDITIONS OR PHYSICAL LIMITS that would prevent Minor’s participation in the Activities. I UNDERSTAND THAT THE ACTIVITIES, INCLUDING WITHOUT LIMITATION HORSEBACK RIDING, PAINTBALL, ROPES COURSES AND EXPERIENCING NATURE, INVOLVE INHERENT RISKS AND DANGERS, including but not limited to RISK OF INJURY FROM FALLING OBJECTS, STRIKING OBJECTS, ANIMALS, CARRIAGES OR OTHER VEHICLES, INSECT BITES, PAINTBALLS, PULLEYS, CABLES, ROPES OR EQUIPMENT, and other similar and dissimilar risks that may result in injury or loss to Minor, INCLUDING, BUT NOT LIMITED TO, ILLNESS, BODILY INJURY, PROPERTY LOSS AND DEATH (hereinafter, “Risks”). I have carefully considered such Risks, and I, ON BEHALF OF MINOR AND MINOR’S REPRESENTATIVES, VOLUNTARILY ACCEPT, ASSUME AND CONSENT TO ALL SUCH RISKS THAT MAY RESULT FROM MINOR’S PARTICIPATION IN THE ACTIVITIES.
Understanding Camp Westminster’s Relationship with Other Released Entities. I understand that Camp Westminster alone is responsible for carrying out the Activities, and not any other entity. I further understand that Christian Camp Properties, LLC merely owns the property upon which Camp Westminster operates, and that Westminster Presbyterian Church of Atlanta, Georgia and Christian Camping Ministries, Inc. are supporting and affiliated entities, rather than joint participants. Christian Camp Properties, LLC, Westminster Presbyterian Church, and Christian Camping Ministries, Inc. are third party beneficiaries of this Release as Released Entities hereunder.
General Release. I, on behalf of Minor and Minor’s Representatives, hereby IRREVOCABLY, UNCONDITIONALLY, AND FOREVER RELEASE, DISCHARGE, ABSOLVE, AND COVENANT NOT TO SUE CAMP WESTMINSTER FOUNDATION, INC, CHRISTIAN CAMP PROPERTIES, LLC, WESTMINSTER PRESBYTERIAN CHURCH, AND CHRISTIAN CAMPING MINISTRIES, INC., and all of their respective parents, subsidiaries, affiliated entities, successors and assigns (hereinafter, “Released Entities”), and the respective members, directors, officers, trustees, elders, deacons, managers, employees, representatives, agents, and volunteers of the Released Entities (hereinafter, “Released Parties”), from and with respect to any and all INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS, RIGHTS, LIABILITIES, CAUSES OF ACTION, DEMANDS, OR OTHERWISE (collectively, “Claims and Liabilities”), and agree that the Released Parties SHALL NOT BE LIABLE FOR SUCH CLAIMS AND LIABILITIES, ARISING FROM MINOR’S PARTICIPATION IN THE ACTIVITIES, or my request for Minor to be permitted to participate in the Activities,
WHETHER FOR PERSONAL INJURIES, PROPERTY DAMAGE, ILLNESS, DEATH, THE DISCLOSURE OF MEDICAL INFORMATION, OR IN ANY WAY RELATED TO EMERGENCY MEDICAL TREATMENT PROVIDED TO MINOR, OR IN CONNECTION WITH THE MEDIA LICENSE DESCRIBED BELOW, whether foreseen or unforeseen, present or future, known or unknown, even if caused by, or arising in whole or in part from, the NEGLIGENCE, FAULT, BREACH OF CONTRACT, STRICT LIABILITY, OR OTHER ACT, CONDUCT OR STATUS of any of the Released Parties, except only Claims and Liabilities resulting from the gross negligence or willful or wanton misconduct of a Released Party. Furthermore, I, on behalf of Minor and Minor’s Representatives, agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against ANY AND ALL CLAIMS AND LIABILITIES released herein. This indemnification INCLUDES ALL COSTS OF DEFENDING SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES, COSTS, AND EXPENSES, whether suit is filed or not.
SPECIFIC DISCLOSURES AND PROVISIONS RELATING TO CERTAIN ACTIVITIES:
A. HORSEBACK RIDING
This Release applies, without limitation, to Claims and Liabilities caused by, arising from, or related to: (a) any defect or imperfection of any equipment or structure used in connection with horseback riding activities; (b) the condition of any trail or other riding area, pasture, stall, barn, corral, or any part of the real property used at any time in connection with such horseback riding activities; and (c) any action or movement on the part of the animal used in connection with such horseback riding activities. Horseback riding, as used herein, means any activity in which horses, donkeys, mules, ponies, or similar animals, and/or wagons, carriages, or similar vehicles, or any feed or equipment related to such animals may be at any time in use, regardless of whether or not such items or animals are in use at the time of the injury. Due to the inherently dangerous nature of horseback riding activities, participants are required to wear long pants and an industry-approved horseback riding helmet, and Camp Westminster recommends that participants wear appropriate footwear that includes heels. I UNDERSTAND AND AGREE THAT WHILE WEARING SUCH A HELMET AND FOOTWEAR DOES NOT ELIMINATE THE RISK OF SERIOUS INJURY OR DEATH, FAILURE TO WEAR SUCH A HELMET AND FOOTWEAR SIGNIFICANTLY INCREASES SUCH RISK.
WARNING: Under Georgia law, an equine activity sponsor or equine professional is not liable for an injury to or death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated.
B. PAINTBALL
I understand and agree that the risk of injury from the activity and weaponry involved in paintball is significant, including the potential for permanent disability and death, and while particular protective equipment and personal discipline will help to reduce this risk, the risk of serious injury cannot be eliminated. I understand as well that the activities of paintball are physically and mentally intense.
C. ROPES COURSES AND CLIMBING TOWERS
I recognize that negotiating ropes courses and climbing towers are physically and emotionally demanding activities, and include climbing, jumping, and other rigorous activities on natural and man-made structures that may be on the ground or at low, medium, or high distances from the ground. I understand that the risks of injury in negotiating ropes courses and in climbing towers is significant and may arise from the condition of the course or the tower, terrain, weather, the Participant’s athletic or physical condition, the negligence of the Participant or other persons, or other circumstances. Those risks include, but are not limited to, the following, which a Participant may reduce but not eliminate by the corresponding protective measures:
Media License. I, on behalf of Minor and Minor’s Representatives, hereby assign and grant to Camp Westminster AN IRREVOCABLE, PERPETUAL, ROYALTY-FREE LICENSE TO USE MINOR’S PHOTOGRAPH, IMAGE, VOICE, LIKENESS AND ANY IDENTIFIABLE ATTRIBUTES, IN WHOLE OR IN PART, IN ANY MEDIA (the “Images”) for development or charitable solicitation, advertising, trade and any other lawful purposes now and in the future that are in fulfillment of Camp Westminster’s charitable purposes without further notification, inspection or approval and at no cost to the Released Parties and with no compensation to Minor or Minor’s Representatives (provided, however, that neither Camp Westminster nor any other Released Party shall be obligated to use the Images in any way), and I further agree that Camp Westminster shall be the exclusive owner of any and all rights, including copyrights in the Images.
Medical Expenses Understanding. I understand and agree that the Released Parties are not responsible for any medical expenses that I or Minor may incur while Minor participates in the Activities. I further understand that I am required and solely responsible to carry comprehensive health insurance on Minor for the duration of the Activities. Any request for reimbursement for medical expenses must be made to applicable insurers.
Permission to Provide Necessary Treatment or Emergency Care. I hereby give permission to the medical personnel selected by the camp director or such other person delegated such selection authority by Camp Westminster to order X-rays, routine tests, and treatment, and to provide or arrange necessary related transportation, for Minor. In the event that Minor experiences a medical emergency, and Camp Westminster personnel try but fail to reach me or under the circumstances are without sufficient time to try to reach me, I hereby give permission to the physician or other selected medical personnel to secure and administer treatment, including hospitalization, anesthesia, surgery, and injections of medication for Minor.
Release of Medical Information. I, on behalf of Minor and Minor’s Representatives, give my express, written consent allowing Camp Westminster to share Minor’s Personal Information, as well as any information in its possession regarding any health or medical conditions and any applicable health insurance coverages that Minor may have, to or for the use of a medical provider in the event that Camp Westminster believes it is reasonably necessary for the provision of medical care to Minor.
Participation Covenant. I have received a copy of the Participant’s Covenant or Staff Covenant, as applicable, and I have reviewed it with Minor, and Minor and I agree that Minor will strive to abide by the applicable covenant in full and will respect the rights and feelings of other participants, acting in a supportive and caring manner during his or her participation. I further understand and agree that Minor may be dismissed for failure to comply with any safety or other rules imposed by Camp Westminster for participation in any activity or for use of any property owned or leased by or to it, or for engaging in other unsafe behavior. If Minor observes any unusual or unnecessary hazard at Camp Westminster, Minor will bring such to the attention of the nearest staff member as soon as possible.
Mandatory Arbitration. Consistent with Matthew 18 in the Holy Bible, any claim or dispute between the parties concerning questions of law or fact or both arising out of or relating to this Release, its interpretation or performance, or its alleged breach, which is not disposed of by agreement of the parties, shall be resolved by binding arbitration in Atlanta, Georgia by and under the rules of Peacemaker Ministries (or its successor) except as such rules are modified here. Those rules are currently published at www.peacemaker.net. The parties covenant to keep such questions and arbitration proceedings confidential except as necessary to effectuate and/or enforce arbitration. The parties covenant and agree that they will not sue or otherwise bring actions against each other in any courts, that arbitration is their sole and binding remedy, that they waive their rights to sue or to appeal or to other remedies (except to the extent necessary to enforce the final award or finding), and that if this covenant not to sue and waiver are not legally effective, then such arbitration is a prerequisite to any other remedy. The parties covenant and agree to abide by, perform, accept, and fulfill the final award or finding concerning such questions without recourse to any other court or tribunal, except to the extent necessary to enforce said final award or finding.
General Provisions. This Release is binding upon Minor and Minor’s Representatives. This Release contains the complete expression of the agreement between me (on behalf of Minor and Minor’s Representatives) and the Released Parties with respect to the subject matter hereof, and may be amended only in writing signed by the undersigned and the Released Parties’ representative(s), or their successors. It is not intended to release the Released Parties from any claims or liabilities that, as a matter of law, cannot be avoided, waived or released, and no provision hereof should be so interpreted. Section headings and titles are for convenience of reference only and shall not affect, nor be construed to affect, the meaning of any provision of this Release. Time is of the essence as to all matters herein. This Release is governed by the internal laws of Georgia (even if applicable conflict of law rules would provide otherwise). The terms of this Release are severable. This Release shall not be strictly construed against any party.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS AGREEMENT INCLUDES A WAIVER OF LIABILITY AND RELEASE, AN ASSUMPTION OF RISK, AND AN AGREEMENT BY ME TO INDEMNIFY AND HOLD HARMLESS CAMP WESTMINSTER FOUNDATION, INC. AND THE OTHER RELEASED PARTIES, AND I SIGN IT OF MY OWN FREE WILL.