2. EXCULPATORY AND INDEMNITY CLAUSE. In consideration of being permitted to participate in the ESCAPE I agree to assume full responsibility for all risks. I further agree to release, waive, agree to hold harmless and covenant not to sue the ESCAPE Retreat, and all purposes the Sickle Cell Association of Texas Marc Thomas Foundation a non-profit agency, and its board of directors, officers, agents, employees, volunteers, and Camp For All (referred to collectively as "Releasees"), from and against any and all liability, claims, demands, actions, causes of action, suits in equity, whatsoever arising out of or related to any loss, damage, loss of property, or injury, including fatal injuries along with court costs and attorney’s fees and expenses whether caused as a result of sole, joint or concurrent negligence, negligence per se, statutory fault or strict liability of releases or otherwise, that may be sustained while participating in ESCAPE and ESCAPE related activities while in or upon the premises where the ESCAPE and related activities are being conducted or while being transported to, from or in connection with the ESCAPE. I understand this waiver does not apply to injuries caused by intentional or grossly negligent conduct. I further agree to indemnify the Releasees from liability, claims, demands, actions, causes of action, or suits in equity arising out of loss, damage or injury that occurs as a result of my negligent or intentional act or omission while participating in the ESCAPE and in related activities.
3. NO INSURANCE. I understand that Releasees may or may not maintain any insurance policy covering any circumstance arising from my participation in ESCAPE or any event related to that participation. As such, I am aware that I should review my personal insurance coverage. ESCAPE and SCAMTF may not carry general liability insurance to cover claims arising from ESCAPE and ESCAPE activities so it seeks a waiver of claims as additional consideration for the right to participate so ESCAPE and the SCAMTF, can (a) provide the ESCAPE to most participants; and (b) to provide access to a greater number of participants by expending limited resources on program materials and activities rather than on liability insurance.
4. MEDICAL AUTHORIZATION, INDEMNITY FOR MEDICAL EXPENSES, and WAIVER. I understand Releasees cannot be expected to control all of the risks articulated in this form and Releasees need to respond to accidents and potential emergency situations. Therefore, I hereby give my consent for any medical treatment that may be required, as determined by a medical professional at an off-site medical facility or hospital, during my participation in this activity with the understanding that the cost of any such treatment will be my responsibility. I agree to indemnify and hold harmless Releasees for any costs incurred to treat myself, even if Releasees has signed hospital documentation promising to pay for the treatment due to my inability to sign the documentation. I further agree to release, waive, discharge, covenant not to sue, and agree to hold harmless for any and all purposes, Releasees from any and all liabilities, claims, demands, injuries (including fatal injuries), or damages, including court costs and attorney’s fees and expenses, that may be sustained by myself while receiving medical care or in deciding to seek medical care, including while traveling to and from a medical care facility, including injuries sustained as a result of sole, joint, or concurrent negligence, negligence per se, statutory fault, or strict liability of Releasees. I understand this waiver does not apply to injuries caused by intentional or grossly negligent conduct.
5. BINDS HEIRS. It is my express intent that this Release, Waiver, Indemnification, and Agreement not to Sue shall bind myself, the other members of my family and spouse, if I am living, and my estate, family, heirs, administrators, personal representatives, or assigns, if I am not living.
6. AGREEMENT OF RELEASE AND VOLUNTARY SIGNATURE: In signing this Release, Waiver, Indemnification and Agreement not to Sue, I acknowledge and represent that I have carefully read the document and understand its contents and that I sign voluntarily as my own free act and deed. ESCAPE and Releasees have not been made and I have not relied on any oral representations, statements, or inducements apart from the terms contained in this agreement. I further state that I am at least eighteen (18) years of age and fully competent to sign; and that I have executed this Release for full, adequate, and complete consideration fully intending to be bound by the same.