| In consideration of the benefits to be derived and after carefully considering the risk involved, and in view of the fact that Coldwater Gardens 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 Coldwater Gardens and/or use of the buildings, structures, other facilities, grounds, or equipment at Coldwater Gardens, Participant(s), Parent(s), and/or Legal Guardian(s) of minor Participant(s), agree as follows:
1. ACKNOWLEDGEMENT OF RISK. Participant(s), Parent(s), and/or Legal Guardian(s) acknowledge and fully understand that use of the buildings, structures, other facilities, grounds, or equipment at Coldwater Gardens involves a certain degree of risk and danger. There are inherent risks of serious injury or death associated with camping, tower climbing, hiking, backpacking, biking, swimming, fishing, canoeing, and other activities associated with Coldwater Gardens. 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, or insects; the risk of Participant engaging in unauthorized activities; Participant’s physical condition; Participant’s own acts and omissions; conditions of roads, trails, waterways, or terrain; the administration and availability of first aid and emergency treatment; and consumption of food or drink by Participant.
Participant(s), Parent(s) and/or Legal Guardian(s) further acknowledge that all inherent risks associated with activities at Coldwater Gardens cannot be described in this document.
2. RULES AND REGULATIONS. Participant(s), Parent(s) and/or Legal Guardian(s) understand and agree to abide by all rules and regulations of Coldwater Gardens while on the premises and to comply with all Coldwater Gardens staff instructions. Violation of the rules and regulations is grounds for immediate dismissal without refund and may subject the violator to prosecution.
3. NO PHOTOGRAPHS FOR PUBLIC DISSEMINATION. Coldwater Gardens 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 Coldwater Gardens, 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 Coldwater Gardens website at www.saintbrendancenter.com
4. PARTICIPANT WAIVER OF RIGHTS AND RELEASE OF LIABILITY. Participant(s), Parent(s) and/or Legal Guardian(s) hereby release, waive, discharge, and covenant not to sue Coldwater Gardens, the Diocese of Pensacola Tallahassee, Bishop William A. Wack, its employees, officers, directors, volunteers, agents, or representatives (collectively, the “Coldwater Gardens Releasees”) from all liability to the Participant(s), Parent(s), and/or Legal Guardian(s), their personal representatives, assigns, heirs and next of kin, any and all loss or damage, and any claim or demands therefore, on account of injury to the person or property or resulting in the death of Participant(s), Parent(s) and/or Legal Guardian(s), arising out of or related to participation in Coldwater Gardens activities, programs, summer camps, events, or retreats and/or use of Coldwater Gardens facilities and equipment, including but not limited to those risks described in paragraph 1 above, whether caused by the negligence of the Coldwater Gardens Releasees or otherwise. 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 the Coldwater Garden Releasees.
Participant(s), Parent(s) and/or Legal Guardian(s) agree to fully indemnify, defend, and save harmless Coldwater Gardens, the Diocese of Pensacola Tallahassee, Bishop William A. Wack, its employees, officers, directors, volunteers, agents, or representatives (collectively, the “Coldwater Gardens Releasees”) from and against all actions, damages, costs, liability, claims, losses, judgments, penalties, and expenses of every type and description.
5. INDEMNIFICATION AND HOLD HARMLESS. Participant(s), Parent(s), and/or Legal Guardian(s) shall indemnify and hold harmless the Coldwater Gardens Releasees against all losses, damages, monetary awards and expenses, including all costs and attorneys’ fees, incurred in connection with any and all claims of negligence on the part of the Coldwater Garden Releasees, brought by Participant(s), Parent(s), and/or Legal Guardian(s), their heirs, successors, assigns, and legal representatives, for any injury, death, illness, disease, or loss/damage to property (including the loss or theft of any personal property), arising from or connected with participation in any Coldwater Gardens activity, program, summer camp, event, or retreat and/or use of Coldwater Gardens facilities and/or equipment. The indemnification and hold harmless provision does not include losses, damages, monetary awards and expenses, including costs and attorneys’ fees, as a result of the intentional or reckless acts of the Coldwater Gardens Releasees.
6. CANCELLATION. In case of reasons beyond the control of Coldwater Gardens including, but not limited to, acts of God, extreme inclement weather, fire, declaration of emergency, or any other cause beyond its control, Coldwater Gardens reserves the right to cancel any activity, program, summer camp, event, or retreat and/or use of Coldwater Gardens facilities and/or equipment prior to scheduled use without liability. Refunds will be made if cancellation by Coldwater Gardens is necessary.
7. 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.
8. OPPORTUNITY TO NEGOTIATE. You are encouraged to carefully review the contents of this “Waiver and Release of Liability and Indemnification and Hold Harmless Agreement” (“Agreement”). DO NOT SIGN this Agreement unless you understand and agree to its terms and conditions. You may wish to consult an attorney. If you wish to NEGOTIATE any of the terms of this Agreement for any modifications, deletions or additions, please contact the Coldwater Gardens Director at (850) XYZ-1234 prior to signing and executing this Agreement. If you do not contact the Coldwater Gardens Director prior to signing and executing this Agreement, Coldwater Gardens understands that you are accepting the terms and conditions set forth above, and that you do not wish to pursue any negotiations regarding the terms and conditions of this Agreement.
9. 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 Coldwater Gardens representative to secure proper treatment, including hospitalization, anesthesia, surgery, or injections of medication for Participants under the age of 18.
10. ELECTRONIC SIGNATURE. Coldwater Gardens uses electronic documentation and your electronic signature. By submitting an electronic signature, you are providing an electronic mark, that 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 checking this box constitutes a legal signature confirming that I acknowledge and warrant the truthfulness of the information provided in this document.
I 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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