I (participant and/or parent/s of a minor participant) further acknowledge and agree:
• COF representatives are available should I have further questions about these activities or the associated risks;
• to disclose to COF any mental, physical or emotional condition/s or limitation/s which might affect participant's ability to participate and agree that participant is fully capable of participating without causing harm to him/herself or others;
• the information provided above is not complete, other unknown or unanticipated activities, risks and outcomes may exist, and COF cannot assure participant's safety or eliminate any of these risks;
• if participant is borrowing or renting new or used equipment from COF, the equipment comes "AS-IS," and COF disclaims all warranties, express or implied (including any conditions of merchantability or fitness for a particular purpose) regarding the equipment;
• COF may contract with independent contractors (not its employees or agents) to provide or conduct some services and activities participants may engage in. COF does not supervise or control these contractors and is not legally liable or responsible for their conduct. In addition, activities frequently take place at facilities or on premises not owned or controlled by COF. COF does not oversee, supervise, or take responsibility for any aspect or condition of these independent activities, facilities or premises;
• Participant is voluntarily participating with knowledge of the risks. Therefore, participant (and parent/s of a minor) assumes and accepts full responsibility for the inherent and other risks (known and unknown, described above or otherwise) of these activities, and for any injury, damage, death or other loss suffered by participant (and parent/s) resulting from those risks, including the risk of participant’s own negligence or other misconduct.
RELEASE & INDEMNITY AGREEMENT:
Please read carefully. This Release and Indemnity Agreement contains a surrender of certain legal rights. I (adult participant, or parent/s for myself and for and on behalf of my participating minor child) agree:
1) to release and agree not to sue Camp Ozark Foundation, Inc., sometimes doing business as Ozone Ministries or Camp Ozark Foundation Ozone Ministries and its officers, directors, employees, agents, representatives, volunteers and all individuals or entities associated or affiliated with it (hereafter individually and collectively “Released Parties”) with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (hereafter collectively “claim” or “claim/s”), for any injury, damage, death or other loss in any way connected with my/my child’s enrollment or participation in these activities, including use of any equipment, facilities or premises. I understand I agree here to waive all claim/s I or my child may have against the Released Parties, bind my/my child’s estate and any family member/heir/other party bringing claim/s, and agree that neither I, my child nor anyone acting on my or my child's behalf, will make a claim against the Released Parties as a result of any injury, damage, death or other loss suffered by me or my child;
This Release and Indemnity Agreement includes claim/s of or resulting from the Released Parties’ negligence (but not any of their gross negligence), and includes claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim.
2) to defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties, with respect to any and all claim/s brought by or on behalf of me, my participating child, spouse or other family member/s, my/my child’s heir/s or estate, a co-participant or any other person for any injury, damage, death or other loss in any way connected with my/my child’s enrollment or participation in these activities, including use of any equipment, facilities or premises.
I (participant and/or parent/s of a minor participant) agree that Texas substantive law (without regard to its "conflict of laws" rules) governs this Document, any dispute I or my child have with the Released Parties and all other aspects of my or my child’s relationship with the Released Parties, contractual or otherwise, and agree that any mediation, suit or other proceeding must be filed or entered into only in Texas. I agree to attempt to settle any dispute (not settled by discussion) through mediation before a mutually acceptable Texas mediator. COF reserves the right to dismiss any participant that staff believe, in their discretion, presents a safety, behavioral or other concern. I authorize COF staff, volunteers or other medical personnel to obtain or provide medical care for participant, to transport participant to a medical facility, and to provide treatment they consider necessary for participant’s health. I agree to pay all costs associated with that care and transportation.
Media Authorization: I authorize COF or parties it designates the right and permission to photograph, film, record and/or otherwise capture in any media my or my child’s name, image, voice, written statement, photograph and/or visual likeness (collectively “recordings”) during the activities and use those in any media throughout the world, in perpetuity, including for sale, reproduction or display on the internet or in publications, brochures, CDS, DVDS, motion pictures or in other form for any informational, educational, promotional or other purpose, without compensation to me or my child. I agree that COF shall own all ownership and copyright rights in the recordings.
This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Document is deemed unlawful or unenforceable, it shall not affect the enforceability of other provisions, and the remaining provisions shall continue in full force and effect.
Participant and/or parent/s of a minor participant agree:
I have carefully read, understand and voluntarily sign this Document and acknowledge that it shall be effective and legally binding upon me, my spouse, participating minor child and other children, and parent/s/participant’s other family members, heirs, executors, representatives, subrogors, assigns and estate. The participant in 9th grade or above must sign below. If participant is a minor (those under 18 yrs. of age in Texas) one parent or legal guardian, or both parent/s, if available, must also sign below.
Participant Signature: (Required)
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Participant Name: (Required)
Date of Birth (Required) Parent/Guardian Signature: (Required)
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Parent/Guardian Name: (Required)
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