PARTICIPANT RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT BY SIGNING THIS DOCUMENT, YOU ASSUME ALL RISKS AND WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. IF YOU ARE UNDER 18 YEARS OF AGE, YOUR PARENT OR LEGAL GUARDIAN MUST SIGN THIS WAIVER.
In consideration of being allowed to participate in any way,on the Rock the Desert Ministries,Inc.grounds and in the RTD Skatepark, related programs and events (Activities), the undersigned (Participant) acknowledges, and agrees that:
1. The risk of injury to the Participant or to third parties from use of the Rock the Desert Ministries, Inc grounds & RTD SkatePark and participation in the Activities is significant, including the potential for permanent disability and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury to the Participant does exist and cannot be eliminated. The risk of injury includes minor injuries such as bruises and more serious injuries such as broken bones, dislocations and muscle pulls. The risks may also include but not be limited to, catastrophic injuries such as permanent paralysis or even death from landings or falls on the back, neck or head. The Participant may suffer such injuries while merely observing or being in proximity to Rock the Desert Ministries, Inc. ground use, RTD Skate Park Park and Activities as other persons may collide, and or fall upon Participant; and
2. Participant KNOWINGLY AND FREELY ASSUMES ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLEGENCE OF THE RELEASEES (AS HEREINAFER DEFINED) or others, and assume full responsibility for their participation; and
3. The Participant acknowledges that there are various degrees of skill and experience required for use ofRocktheDesertMinistries, Inc. grounds & RTD SkatePark and participation in the Activities and attests that they are physically fit and have been trained accordingly. The Participant agrees to abide by the Rules and Regulations for use of Rock the Desert Ministries, Inc. grounds & RTD Skate Park, including of wearing all required protective gear and equipment and will follow the instructions of all staff members. Failure to follow Rock the Desert Ministries, Inc. grounds & RTD Skate Park Rules and Regulations and all instructions from staff may result in termination of use of Rock the Desert Ministries, Inc. grounds & RTD Skate Park and participation in the Activities without refund; and
4. Participant willingly agrees to comply with the stated and customary terms and conditions for use of Rock the Desert Ministries, Inc. grounds & RTD Skate Park and participation in the Activities. Participant further agrees that if they observe any unusual significant concern in their readiness for use of Rock the Desert Ministries, Inc. grounds & RTD Skate Park or participation in the Activities, they will immediately remove themselves from participation and bring such information or concern to the attention of the nearest staff member; and
5. Participant, for themselves and on behalf of their heirs, assigns, personal representatives and next of kin, HERBY RELEASE INDEMNIFY AND HOLD HARMLESS the Park, Rock the Desert Ministries, Inc., and any of their affiliates, officers, agents, officials, employees, other participants, sponsoring agencies, sponsors, advertisers, volunteers, and if applicable, owners and lessors of the premises (hereinafter Releasees), WITH RESPECT TO ANY AND ALL LIABILITIES, DAMAGES, ACTIONS, CLAIMS, JUDGMENTS, COST OF ARBITRATION, LITIGATION AND ATTORNEY FEES, INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY incident to Participants use of Rock the Desert Ministries, Inc. grounds & RTD Skate Park and/or participation in the Activities, WHETHER ARISING FROM NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law; and
6. PARTICIPANT FURTHER AGREES, THAT ANY CLAIM OR DISPUTE ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE SETTLED BY CHRISTIAN MEDIATION AND, IF NECESSARY, LEGALLY BINDING CHRISTIAN ARBITRATION IN ACCORDANCE WITH THE RULES OF PROCEDURE FOR CHRISTIAN CONCILIATION OF THE INSTITUTE FOR CHRISTIAN CONCILIATION. JUDGMENT UPON AN ARBITRATION AWARD MAY BE ENTERED IN ANY COURT OTHERWISE HAVING JURISDICTION. THE PARTICIPANT UNDERSTANDS THAT THESE METHODS SHALL BE THE SOLE REMEDY FOR ANY CONTROVERSY OR CLAIM ARISING OUT OF THIS AGREEMENT AND EXPRESSLY WAIVE THEIR RIGHT TO FILE A LAWSUIT IN ANY CIVIL COURT AGAINST ANY OF THE RELEASEES, EXCEPT TO ENFORCE AN ARBITRATION DECISION. PARTICIPANT HAS READ THIS RELEASE OF LIABLITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTANDS THAT THEY HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
7. Participant agrees to allowRock the Desert Ministries, Inc.& RTD SkateParkto use Participants photograph or likeness in any photographs, videotapes, motion pictures, recordings or any other records taken while engaged in any Activity or event sponsored, promoted or organized by RTD Skatepark or Rock the Desert Ministries, Inc.for publicity, advertising or any other legitimate purposes.
8. Participant acknowledges that this Agreement shall apply to all future visits toRock the Desert Ministries, Inc. grounds & RTD Skate Park and participation in any of the activities.
I hereby authorize the staff at RTD Skatepark and/or Rock the Desert Ministries, Inc.to act for me according to their best judgment in any emergency requiring medical attention. All medical expenses incurred will be the responsibility of the Participant or the Participant's family. I certify to RTD Skatepark and/or Rock the Desert Ministries, Inc. that I have no physical conditions or mental impairment that would be effected by the use ofRock the Desert Ministries, Inc. grounds & RTD Skate Park or participation in the activities. In the event that I cannot be reached in an emergency, I hereby give permission to any licensed physician, surgeon, clinic, or hospital to secure proper treatment, and to order anesthesia, for my child/myself as named above.