Release and Indemnity Agreement
I, the Participant named above (or, if the Participant is under the age of 18 years old, the parent or legal guardian of the Participant), make this Release and Indemnity Agreement (this “Release”) in favor of Logan Ranch Camp, Inc., a Texas nonprofit corporation, Church at the Camp, Team Logan, and their respective Affiliates (collectively, the “Providers”).
1. UNDERSTANDING OF RISK
I understand all of the following:
(a) that certain risks and hazards are inherent in participating in the Providers’ outreach referred to as “Logan Ranch Camp” (the “Camp”), including but not limited to: (i) slipping, falling, injury, sickness, drowning, and colliding with other participants; (ii) fire; (iii) expected and unexpected weather and wind conditions (including storms, lightning, and wind gusts); (iv) potential to cause wide-scale health effects and potential to be exposed to a widespread contagious health crisis, including transmission of COVID-19 and any strains or variations thereof (“COVID”); (v) exposure to dangerous wildlife animals; (vi) exposure to the elements (including sunburn, heat exhaustion, fatigue, etc.);
(b) that social distancing may not always be possible in any given circumstance and that it may not always be possible to prevent potential exposure to COVID;
(c) such inherent risks and hazards cannot be completely eliminated, altered, or controlled;
(d) such inherent risks and hazards contribute to the unique character of my enjoyment of the Camp and the Activities; and
(e) I have chosen to participate (or, acting in my capacity as parent or legal guardian of the Participant, have allowed my child or ward to participate), and I am ultimately responsible for my own safety at the Camp and when participating in the Activities.
2. ASSUMPTION OF RISK
I hereby irrevocably and unconditionally assume and accept all risks and hazards of the Camp and Activities, including those risks and hazards understood, mentioned, or released in this Release and the risk that Participant may be exposed to and may contract COVID by virtue of Participant’s voluntary participation at the Camp and in the Activities.
3. RELEASE OF CLAIMS
I hereby irrevocably and unconditionally release, waive, discharge, relinquish, and acquit the Providers, , the staff, and the volunteers from all Damages and Proceedings which arise from or relate to any of the following:
(a) any participation at the Camp or the Activities by Participant, any guest, invitee, licensee, trespasser, or other participant, including illness, the transmission of COVID, injury, or death therefrom;
(b) damage to or loss of property at the Camp or from participation in any Activities;
(c) any risks, dangers, or hazards understood, assumed, or otherwise described in this Release;
(d) the condition of the Camp;
(e) any instruction provided by any Provider, the staff, or the volunteers;
(f) any occurrence for which I must indemnify the Providers; or
(g) strict liability and the sole, partial, contributory, comparative, concurrent, proportionate, or joint negligence of any of the Providers, the staff, or the volunteers.
4. INDEMNITY
I will indemnify, defend, and hold harmless the Providers from all Damages and Proceedings arising from or related to any of the following:
(a) Participant’s participation in the Camp and any related Activities, whether or not permitted by the Providers and whether or not negligent or intentional;
(b) Participant’s actions while participating at the Camp, any related Activities, and on the terrain and elements of the Camp and its surrounding area;
(c) Participant’s breach of this Release or failure to follow the Providers’ rules;
(d) any representations in this Release being or becoming untrue;
(e) damage, injury, or illness to the Camp, persons, or property caused, in whole or in part, by Participant; and
(f) the occurrence of any risks, hazards, or dangers described in this Release, including the transmission of COVID. An indemnified party may choose its counsel, and I will pay such counsel’s fees and expenses on request, whether as an advancement, payment, or reimbursement.
5. RULES
I agree to follow all rules that the Providers, from time to time, establish for the Camp and its Activities, whether or not I actually read such rules. Additionally, I may not:
(a) violate any applicable law or rule; or
(b) engage in any unsafe, dangerous, illegal, or damaging activity. If I fail to follow any rule, in addition to the Providers’ other rights, any Providers may, in such Provider’s sole discretion but without obligation, revoke any Consent and ban me (temporarily or permanently) from the Camp or participation in the Activities.
6. CONSIDERATION
The understandings, agreements, indemnities, covenants, assumption of risk, and releases in this Release are a material and valuable part of the consideration I am giving to the Providers in exchange for the Providers giving Consent. Any Consent is valuable and, but for such understandings, agreements, indemnities, covenants, assumption of risk, and releases, Participant would not receive Consent or otherwise be permitted to enter the Camp and participate in the Activities.
7. ARBITRATION
I agree to resolve all Proceedings against the Providers, the staff, or the volunteers related to this Release, the Camp, or any Activities thereon, by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules with three (3) arbitrators, who must all be attorneys. The arbitration will occur in Houston, Texas, in English, using Texas law for substantive matters and the Commercial Arbitration Rules for procedural matters. If I lose, I will pay the prevailing party’s attorney’s fees, costs, and arbitration fees.
8. CHOICE OF LAW AND VENUE
The parties designate the laws of Texas for interpreting and enforcing this Release and for governing all matters and Proceedings arising out of the Camp and any related Activities thereon, and the transactions contemplated by this Release and shall bring all Proceedings related to or contemplated by this Release in Harris County, Texas.
9. CAMP CONDITION
I understand that the Camp and its Activities are provided AS IS, WHERE IS, WITH ALL FAULTS, and without warranty of any kind, express or implied. The Providers disclaim all warranties related to the Camp or any Activities thereon, express or implied, including, implied warranties of suitability, habitability, merchantability, safety, good and workmanlike quality, compliance with applicable law, state of repair, title, or fitness for a particular purpose or use. I have not relied on any representations, promises, warranties, or statements (written or oral) that are not in this Release, and none exist. I relied solely on my own judgment in making this Release and with regard to the Camp and any Activities thereon.
10. SEVERABILITY
If a provision in this Release is invalid or unenforceable, that provision will be construed, modified, or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, and the remainder of this Release will remain in force.
11. MISCELLANEOUS
The Providers may assign this Release at any time without notice to me, but I may not assign it. Time is of the essence for all matters in this Release. Paragraph titles are for convenience only and do not limit or amplify such paragraphs. This Release survives the termination or expiration of any Consent.
12. CERTAIN DEFINITIONS
“Activities” means gathering and participating in the following: (i) meals or food; (ii) worship and service; and (iii) other games and events hosted by the Providers or otherwise taking place at or at the direction of the Camp. “Affiliates” means partners, members, managers, employees, agents, officers, owners, contractors, trustees, representatives, guardians, spouses, heirs, family, lessees, lessors, successors, assigns, associates, subsidiaries, parent entities, commonly held or owned entities, and affiliates. “Consent” means the Providers’ written or oral consent to Participant’s limited, temporary use of and participation at the Camp. “Damages” means, whether fixed, speculative, or contingent, whether liquidated or unliquidated, whether known or unknown, and whether arising at law, in equity, in contract, or in tort: (i) damages of any type, including physical, economic, special, punitive, direct, indirect, actual, treble, enhanced, statutory, equitable, exemplary, contractual, and consequential; and (ii) losses, expenses, liabilities, interest, debts, attorney’s fees, fines, fees, judgments, settlements, penalties, awards, obligations, taxes, and other costs. Unless expressly stated otherwise, “Includes” (and all tense variations) and other words of specific enumeration are non-exhaustive and are not limited by or to the items that follow them. “Proceeding” means a demand, claim, suit, action, proceeding, charge, or dispute, whether or not: (i) formal or informal; (ii) threatened, pending, final, or settled; (iii) decided on the merits; (iv) ultimately designating fault; (v) before or conducted by a tribunal or other authority; (vi) substantive or procedural; and (vii) prosecutorial, mediative, ministerial, magistratory, parliamentary, legislative, investigative, administrative, judicial, appellate, arbitrative, litigious, adversarial, cooperative, adjudicative, civil, or criminal in nature.
13. THIRD PARTY BENEFICIARY
The staff and volunteers are Affiliates of the Providers, are third party beneficiaries to this Release, and may enforce the terms and provisions of this Release as if were directly parties to this Release. If I am a parent or legal guardian signing on behalf of the Participant named above, I am additionally bound by the releases, covenants, and agreements of this Release.
14. AUTHORIZATION
I hereby grant, authorize, and permit the Providers to provide Participant with any necessary transportation, food, lodging, and emergency medical treatment in furtherance of the Camp and any related activities and events thereon.
15. COVID PROTOCOLS
I hereby understand and acknowledge that: (i) I have read and reviewed the Logan Ranch Camp Summer Programs Health Protocols and Policies, which may be amended from time to time, in consultation with Participant; (ii) Participant’s temperature will be taken daily upon arrival at the Camp; and (iii) if Participant’s temperature is at or above 100.4 degrees Fahrenheit, Participant will not be permitted to attend the Camp until Participant has been fever-free without the aid of fever-reducing medications for 72 consecutive hours.
16. ACKNOWLEDGMENT
I hereby understand and acknowledge that: (i) Logan Ranch Camp, Inc. is an IRS recognized 501(c)(3) Christian Organization; (ii) there will be worship and Bible teaching in addition to meeting the physical needs of Participant; (iii) the Camp offers direct instruction in a single skill, talent, ability, expertise, or proficiency; (iv) the Camp does not provide or offer services that are not directly related to a single skill, talent, ability, expertise, or proficiency, but may offer transportation and snacks; (v) the Camp does not advertise or represent that it is a child- care facility, day-care center, or licensed before-school or after-school program nor does the Camp offer child-care services; (vi) the Camp is an IRS recognized 501(c)(3) and is not subject to regulation by the State of Texas; (vii) the Camp informs parents of the physical risk a child may face while participating in the Activities; and (viii) the Camp conducts background checks using information that is obtained from the Department of Public Safety for all Providers who work with the Participants.
