1. This Agreement is entered into by Mason Temple Church of God In Christ (“Church”) and the signer of this waiver (“Individual”) regarding individuals desired to be transported to and from various functions in vehicles furnished by or through the Church.
2. Individual, on behalf of himself or herself, parents or survivors, next of kin, personal representatives, and anyone claiming by or through Individual, waive and release any and all claims for damages or loss to person or property (including, without limitation, death) in any way related to the trip/event against Church, its officers, trustees, representatives, agents, employees, or insurers, whether caused by the released parties’ negligence or otherwise.
3. Individual, on behalf of himself or herself, parents or survivors, next of kin, personal representatives, and anyone claiming by or through Individual, agree to indemnify and hold Church and all its officers, trustees, representatives, agents, employees, and insurers free from liability in the event Individual suffers or causes (in whole or in part) one or more others to suffer personal injury or property damage as a result of participating in the trip/event, whether caused by the negligence or fault on the part of Church or its officers, agents, or employees, jointly or severally, or otherwise.
4. Individual understands that if during the Trip/Event, Individual is injured or damaged, or if Individual’s property is injured or damaged, neither Church nor its officers, agents, or employees will be required to pay me money or to make Individual whole for those damages or injuries, even if they are partially or wholly at fault or negligent. Individual assumes the full risk of participation in the trip/event.
5. Individual further agrees that if Individual drives or provides a motor vehicle for transportation to, during or from a program site, Individual is responsible for his/her own acts and for the safety and the security of Individual’s own vehicle. Individual accepts full responsibility for the liability of Individual’s passengers, and self. Individual understands that if Individual is a passenger in such a private vehicle, Church and its personnel, officers, trustees, representatives, agents, employees, and insurers are not in any way responsible for the safety of such transportation.
6. Individual has notified Church of any existing medical condition or medication that could affect Individual’s ability to fully participate in trips. In the event that any medical attention is needed Individual authorizes the leader(s) of the trip or any qualified individual to administer the first aid necessary to maintain health until a physician may be reached or other medical assistance obtained. Individual further authorizes any physician to administer such medical or surgical treatment diagnosed as necessary. Individual understands and agrees, however, that Church, its personnel, officers, trustees, representatives, agents, employees, and insurers shall not be responsible for or required to provide medical treatment or first aid. In addition to and without limitation or the waiver and release language elsewhere in this document, Individual agrees not to seek to hold Church, its personnel, officers, trustees, representatives, agents, employees, and insurers legally liable or responsible for any failure to provide medical treatment or first aid.
7. PLEASE READ CAREFULLY. THIS IS A BINDING ARBITRATION CLAUSE WHICH SUBSTANTIALLY AFFECTS YOUR RIGHT INCLUDING THE RIGHT TO TRIAL BY JURY.
8. The parties to this agreement are Christians and believe that the Bible commands them to make every effort to live at peace and to resolve disputes with each other in private or within the Christian community in conformity with the biblical injunctions of 1 Corinthians 6:1-8, Matthew 5:23-24, and Matthew 18:15-20. Therefore, the parties agree that any claim or dispute arising out of or related to the trip/event or this agreement shall be settled by biblically based mediation.
9. If resolution of the dispute and reconciliation do not result from mediation, the matter shall then be submitted to an independent and objective arbitrator for binding arbitration. The parties agree that the mediation and arbitration process will be conducted in accordance with the “Rules of Procedure for Christian Conciliation” (“Rules”) contained in the Peacemaker Ministries booklet Guidelines for Christian Conciliation. Consistent with these “Rules” each party shall agree to the selection of the arbitrator. The parties agree that if there is an impasse in the selection of the arbitrator, the Institute for Christian Conciliation, a division of Peacemaker Ministries In Billings, Montana (405-256-1583), shall be asked to provide the name of a qualified person who will serve in that capacity. Consistent with the “Rules”, the arbitrator shall issue a written opinion within a reasonable time.
10. The parties to this contract agree that these methods shall be the sole remedy for any controversy or claim arising out of the employment relationship or this agreement, and they expressly waive their right to file a lawsuit against one another in any civil court for such disputes, except to enforce a legally binding arbitration decision. The parties to this agreement have had an opportunity to consult legal counsel before signing this agreement.