Informed Consent
I, User, consent to participate voluntarily in retreat, camping, pool use and swimming, sports, campfires, hiking, ropes courses, climbing walls, zip lines, archery, canoeing, amphitheater use and any and all other camp Activities (herein referred to as “Activities”) at CustomED, Inc., t/a/The Peaks Retreat and Adventure Center, its authorized agents, employees and contractors (herein referred to as “The Center”).
Assumption of Risk
The User understands that “Activities”, are potentially hazardous and the possibly of injuries or death during and/or resulting from engaging in these Activities does exist. The User understands that “Activities”, can be strenuous and subject to risk of serious injury and that the User agrees that if they engage in any Activities, they do so ENTIRELY AT USER’S OWN RISK. The User agrees that they are voluntarily participating in these Activities and ASSUME ALL RISKS of injury, illness, or death.
I understand dangers may be cause by my own actions, or inactions, the actions or inactions of others participating in these activities. I understand the nature of the Activities and believe that I (or my minor child) am/are qualified and physically fit to participate in these Activities. I further acknowledge that I am aware that the activity will be conducted in facilities where other groups and individuals may be present. As a User, parent or legal guardian, I further agree and warrant that prior to participating in any event I will inspect the facilities to be used and if I believe conditions to be unsafe, I will immediately advise The Center of these conditions, and refuse to participate unless corrected.
I fully understand that the Activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis and death, and economic losses which might result not only from my actions, inactions or negligence, but the actions, inactions, or negligence of others, or the condition of the premises, or any equipment in use. I fully accept and assume all such risks and responsibilities for losses and costs and damages incurred as a result of my participation in the Activities or arising out of my traveling to or returning from such Activities.
Waiver and Release of Liability
The User hereby agrees to release and hold harmless The Center, its respective representatives, employees, contractors, executors, agents, and assigns from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected to the User’s participation in any and all Activities or any and all acts or omissions, including negligence by The Center, its authorized agents, employees, and contractors. This waiver and release of liability includes, without limitation, all injuries or death which may occur as a result of: a) the User’s participation in any “Activities;” b) instruction, supervision or travel; c) the sudden and unforeseen malfunctioning of any equipment provided by or adjusted by The Center, its authorized agents, employees, and any contractors; and d) the User slipping and/or falling or otherwise injuring oneself while on the premises, including, but not limited to, real property, adjacent sidewalks, streets, ponds, trails, pools, equipment, and parking areas. I hereby release, discharge, covenant not to sue, and agree to hold harmless The Center, its administrators, directions, agents, officers, volunteers and employees, other participants, any sponsors, advertisers, and where applicable, owners and lessors of premises and their employees on which the activity takes place (collectively “Releases”), from all liability, claims, demands, losses or damages caused or alleged to be caused in whole or in part by the Releases. I further agree that if claim is made against any of the Releases that arises out of or in any way relates to my participation or involvement in any Activity or event, I, AND THE PARENT OR GUARDIAN SIGNING ON BEHALF OF A MINOR, AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASES FROM ANY LITIGATION EXPENSES, ATTORNEY’S FEES, LOSS, LIABILITY, DAMAGE, OR ANY COSTS INCURRED AS A RESULTS OF ANY SUCH CLAIM.
The User acknowledges that they have carefully read this “waiver and release” and fully understands that it is an INFORMED CONSENT, ASSUMPTION OF RISK, AND RELEASE OF LIABILITY. By singing this document the User is waiving any right they, or their heirs and/or assigns, may have to bring any and all legal actions or assert any and all claims against The Center, its authorized agents, employees, and contractors. The User expressly agrees to release and discharge The Center from any and all claims or causes of action, and the User agrees to voluntarily give up or waive any right that they may otherwise have to bring a legal action against The Center, its representatives, employees, contractors, executors, agents, and assigns, for personal injury, death, or property damage.
Media Release
User and all participants agree and consent that CustomED, Inc., t/a The Peaks Retreat & Adventure Center may photograph, film, and otherwise create and preserve media of the User and its participants and they release and allow use by the same, for advertising and promotional purposes. If any part of this Agreement is held to be unenforceable or invalid by a Court of competent jurisdiction, all remaining provisions shall remain in full force and effect. The User represents and warrants that they are signing this agreement freely and willfully and not under fraud or duress.