| In consideration of the benefits to be derived and after carefully considering the risk involved, and in view of the fact that Saint Brendan Center for Evangelization and Spirituality, Inc., a/k/a Saint Brendan at Coldwater (hereinafter “Saint Brendan at Coldwater”) is a not-for-profit organization, and having full confidence that precautions will be taken to ensure the safety and well‑being of all parties, the undersigned Participant(s) agree to the conditions described below.
In consideration for Participant(s) being permitted to participate in the activities, programs, summer camps, events, or retreats at Saint Brendan at Coldwater and/or use of the buildings, structures, other facilities, grounds, or equipment at Saint Brendan at Coldwater, Participant(s), Parent(s), and/or Legal Guardian(s) of minor Participant(s), agree as follows:
ACKNOWLEDGEMENT OF RISK. Participant(s), Parent(s), and/or Legal Guardian(s) acknowledge, agree, fully understand, and assume that use of the buildings, structures, other facilities, grounds, or equipment at Saint Brendan at Coldwater involves a certain degree of risk and danger. There are inherent risks of serious injury, bodily harm, or death associated with camping, tower climbing, hiking, backpacking, biking, swimming, fishing, canoeing, and other activities associated with Saint Brendan at Coldwater. These inherent risks include, but are not limited to: encountering natural dangers such as falling rocks or objects, irregular or uneven ground, or unseen and unmarked objects; and drowning or serious injury in and around water due to water movement, subsurface conditions, cold water temperature, water impurities, and the like. Inherent risks also include acts or omissions of other participants; the condition of equipment or property; weather conditions (such as lightning strikes, sunburn, rain or hail storms, tornadoes, and the like); contact with plants, animals, insects, and other organisms; the risk of Participant engaging in unauthorized activities; Participant's physical condition; Participant's own acts and omissions; conditions of roads, trails, beaches, sandbars, waterways, or terrain of any kind; the administration and availability of first aid and emergency treatment; and consumption of food or drink by Participant. Participants assume all risks, known and unknown, arising out of or related in any way to the activities contemplated herein and Participant(s) use of the facilities owned, operated, and controlled by Saint Brendan at Coldwater.
Participant(s), Parent(s), and/or Legal Guardian(s) further acknowledge and agree that all inherent risks associated with activities at Saint Brendan at Coldwater cannot be described in this document.
Rules and Regulations. Participant(s), Parent(s), and/or Legal Guardian(s) understand and agree to abide by all rules and regulations of Saint Brendan at Coldwater while on the premises and to comply with all Saint Brendan at Coldwater staff instructions. Violation of the rules and regulations is grounds for immediate dismissal without refund and may subject the violator to prosecution.
No Photographs for Public Dissemination. Saint Brendan at Coldwater agrees that it shall not, nor shall it allow its employees, officers, directors, volunteers, agents, or representatives to take photographic, video, or other digital recordings of Participants without the express written consent of each Participant (or Parent/Legal Guardian) for any purpose other than permitting each Participant (or Parents/Legal Guardians) password‑protected electronic access to said recordings. With the exclusive exception of allowing a Participant (or Parent/Legal Guardian) password‑protected access to electronically stored photographs, under no circumstances shall Saint Brendan at Coldwater, its employees, officers, directors, volunteers, agents, or representatives make photographic, video, or other digital recordings of Participants available electronically to anyone other than the Participant (or Parent/Legal Guardian), except in response to a specific request accompanied by a fully executed copy of the Video/Image Release located on the Saint Brendan at Coldwater website at __________________.
PARTICIPANT WAIVER OF RIGHTS AND RELEASE OF LIABILITY. To the fullest extent permitted by Florida Law, Participant(s), Parent(s) and/or Legal Guardian(s), and on behalf of Participant's heirs, executors, administrators, personal representatives, successors, and assigns hereby irrevocably release, waive, and forever discharge Saint Brendan Center for Evangelization and Spirituality, Inc., a/k/a Saint Brendan at Coldwater, and William A. Wack, as Bishop of the Diocese of Pensacola-Tallahassee, a corporation sole, his successors in said office as such, and his and their successors and assigns, (collectively, the “Releasees") from any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) of any kind, whether in law or equity, arising out of or related to Participant's presence at the Saint Brendan at Coldwater facilities or participation in the activities contemplated herein, including without limitation claims for personal injury, illness, death, property damage, or economic loss, and to the extent such claims are caused by or arising from the negligence of any Releasees. This release is intended to be as broad and inclusive as permitted under Florida law and applies to claims arising from ordinary negligence; it does not apply to the extent Florida law prohibits release of a particular claim. This waiver of rights and release of liability does not include injury, damage, death, or loss as a result of the intentional or reckless acts of Releasees.
INDEMNIFICATION AND HOLD HARMLESS. To the fullest extent permitted by Florida law, Participant shall indemnify, defend (with counsel reasonably acceptable to the Facility), and hold harmless the Saint Brendan Center for Evangelization and Spirituality, Inc., a/k/a Saint Brendan at Coldwater, and William A. Wack, as Bishop of the Diocese of Pensacola-Tallahassee, a corporation sole, his successors in said office as such, and his and their successors and assigns, from and against any and all claims, demands, causes of action, damages, losses, liabilities, penalties, judgments, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to (a) Participant's participation in the Activities or presence at the Facility, (b) Participant's breach of this Agreement, (c) Participant's violation of any posted rules or reasonable instructions, or (d) Participant's acts or omissions, including claims asserted by third parties. This indemnity is intended to allocate risk fairly and applies regardless of whether a claim alleges negligence by Releasees, but only to the extent permitted by Florida law. Participant(s) acknowledge and understand that the scope of Participant(s) indemnity obligation includes and expressly applies to claims asserted by any person or entity for claims including those arising out of or related to the actual or alleged negligence of one or more Releasees.
CANCELLATION. In case of reasons beyond the control of Saint Brendan at Coldwater, or William A. Wack, as Bishop of the Diocese of Pensacola-Tallahassee, a corporation sole, his successors in said office as such, and his and their successors and assigns, including, but not limited to, acts of God, extreme inclement weather, fire, declaration of emergency, or any other cause beyond its control, Saint Brendan at Coldwater, or William A. Wack, as Bishop of the Diocese of Pensacola-Tallahassee, a corporation sole, his successors in said office as such, and his and their successors and assigns, reserves the right to cancel any activity, program, summer camp, event, or retreat and/or use of Saint Brendan at Coldwater facilities and/or equipment prior to scheduled use without liability. Refunds will be made if cancellation by Saint Brendan at Coldwater is necessary.
MISCELLANEOUS. The parties agree that the provisions of this “Waiver and Release of Liability; Indemnification and Hold Harmless Agreement” (“Agreement”) shall be deemed severable, and that the invalidity or unenforceability of any one or more of the provisions of clauses hereof shall not affect the validity or enforceability of the other provisions or clauses hereof except as specifically set forth herein. The terms of this Agreement constitute the entire agreement and understanding between the parties relating the matters covered by this Agreement. This Agreement is made pursuant to and shall be construed under the laws of the state of Florida.
OPPORTUNITY TO REVIEW. Each Party further acknowledges and agrees that it is entering into this Agreement knowingly, voluntarily, and without duress, coercion, or undue influence, and that it is not relying on any promise, inducement, representation, warranty, statement, or assurance of any kind, whether oral or written, except as expressly set forth in this Agreement. Each Party acknowledges that no agent, representative, or attorney of any other Party has made any promise, representation, or warranty not expressly contained in this Agreement to induce that Party to execute this Agreement, and each Party executes this Agreement in reliance solely upon the terms and conditions expressly stated herein. The Parties acknowledge and agree that the language of this Agreement has been freely and fairly negotiated, and that no party shall be deemed the drafter. Each individual executing this Agreement on behalf of a Party represents and warrants that such individual has full legal authority to bind that Party to this Agreement, and that the Party has the requisite power and capacity to enter into and perform its obligations under this Agreement.
EMERGENCY RESPONSE. Participant(s), Parent(s), and/or Legal Guardian(s) understand that, in case of emergency, every effort will be made to contact the undersigned Participant(s), Parent(s), and/or Legal Guardian(s). In the event that they cannot be reached, the Participant(s), Parent(s), and/or Legal Guardian(s) hereby give permission to the physician selected by the designated adult leader in charge and/or a Saint Brendan at Coldwater representative to secure proper treatment, including hospitalization, anesthesia, surgery, or injections of medication for Participants under the age of 18.
Electronic Signature. Saint Brendan at Coldwater uses electronic documentation and electronic signatures. By submitting an electronic signature, you are providing an electronic mark, which is held to the same standard as a legally binding equivalent of a handwritten signature provided by you. For purposes of the acknowledgement, a digital mark is considered a typed legal First and Last name (legal name may include middle name, initial or suffix) followed by the typed date.
I agree that my electronic signature is the legally binding equivalent to my handwritten signature. Whenever I execute an electronic signature, it has the same validity and meaning as my handwritten signature. I will not, at any time in the future, repudiate the meaning of my electronic signature or claim that my electronic signature is not legally binding.
[ ] I UNDERSTAND THAT BY CHECKING THIS BOX, I HEREBY ACKNOWLEDGE AND WARRANT THE TRUTHFULNESS OF THE INFORMATION PROVIDED IN THIS DOCUMENT.
[ ] I UNDERSTAND BY CHECKING THIS BOX, I HEREBY CERTIFY THAT I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY AND INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS AND ASSUMING SUBSTANTIAL RESPONSIBILITIES BY SIGNING IT, AND THAT I SIGN IT VOLUNTARILY. I FURTHER CERTIFY THAT IF I SIGN BELOW AS A PARENT OR LEGAL GUARDIAN, I AM AUTHORIZED TO DO SO ON BEHALF OF ALL PARENTS AND/OR LEGAL GUARDIANS, AS WELL AS THE PARTICIPANT(S) UNDER THE AGE OF 18.
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