In consideration of being allowed to participate in any way in Combat Archery by On Purpose Advnetures, LLC or any other activity such as, scavenger hunts, team building and related events and activities, the undersigned agrees to the following:
Prior to participating, I will inspect the facilities and equipment to be used, and if I believe anything is unsafe, I will immediately advise an instructor, guide or supervisor or other employee of such condition(s) and refuse to participate.
I acknowledge and fully understand that I will be engaging in activities that involve risk of damage to personal property or serious injury, including permanent disability and death, and severe social and economic losses which might result not only from my own actions, inactions or negligence, by the actions, inactions or negligence of others, the rules of play, the condition of the premises, or of any equipment used. Further, there may be other risks not known or not reasonably foreseeable at this time.
I affirm that I am not under the influence of alcohol or illegal substances and will not use or consume these substances before any scheduled combat archery, scavenger hunt or team building program affiliated with On Purpose Adventures, LLC or its employees or entities. During any event my consumption will be limited to 2 drinks.
I assume all foregoing risks and accept personal responsibility for all expenses, medical or otherwise, following any such damages, injury or permanent disability of death.
I release, waive, discharge and covenant not to sue On Purpose Adventures, LLC, its affiliated volunteers, independent contract employees and staff, their respective administrators, directors, agents, coaches, and other employees of the organization, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and leasers of premises used to conduct the event, all of which are hereinafter referred to as “Releasees”, from any and all liability to me, my heirs and next of kin for any and all claims, demands, losses or damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise.
This waiver may not be modified in any way. If any part of this waiver is determined to be invalid by law, all other parts of this waiver shall remain valid and enforceable.
If renting equipment, I will be financially responsible for all damages incurred while in my possession, including replacement cost of equipment deemed necessary by On Purpose Adventures, LLC’s employees and contractors.
I also grant On Purpose Adventures, LLC and its affilliates the unrestricted permission to use and publish photographs or video images of me, or in which I may be included, for any purpose authorized by, including but not limited to: website use, editorial publications, catalog and advertising use.
I understand that strenuous physical exertion may be required, and Participant has no known physical disabilities or health problems, which will present any risk to her/his participation in the activities.
I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to Participant’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, or act of God or act of nature (including, but not limited to insects stings, jellyfish, sunburn, cuts from oyster beds, boat ramps, getting hit by vehicles, or falling from any height etc.) to the fullest extent permitted by law. The above agreement shall be binding on my heirs, successors, assigns, administrators and executors.
Participant is in good health and is at or above the minimum age stated in On Purpose Adventures, LLC advertising for each activity in which he/she will participate.
I agree that if Participant shows any symptoms of illness, or if I or Participant know that Participant had been exposed to anyone with symptoms of illness related to Covid-19 or any similar illnesses, that I will notify On Purpose Adventures, LLC immediately and will not bring Participant to On Purpose Adventures, LLC or On Purpose Adventures, LLC events until Participant has been officially cleared by a Medical Doctor.
To indemnify and hold harmless On Purpose Adventures, LLC, its officers, directors, managers, employees, agents, successors, and assigns, from any loss, claim, suit, or judgment, including, but not limited to, the costs of defending any such claims, including, attorneys’ fees, resulting from any injury, death, loss, or damage sustained or claimed by Participant or Participant’s personal representative.
This Agreement shall be governed by the laws of the State of South Carolina, and shall have the venue of the Charleston County and the Courts of the State of South Carolina.. In the event any portion of this Release shall be declared invalid, unenforceable or void by a court of competent jurisdiction, the remaining provisions of this Release shall remain in full force and effect.
If I or Participant become injured or ill in connection with the Participation, I hereby authorize the On Purpose Team Building, LLC and each of its respective parent, related, affiliate and subsidiary companies (and their respective officers, directors, employees or agents)(collectively, the “Releasees”) to administer, or cause and consent to the administration of, whatever first aid, medical care, dental care or other treatment and medications as may be necessary under the circumstances, including treatment by a physician, dentist or hospital, although I hereby acknowledge that the
Releasees have no obligation to do so and that the Releasees do not endorse the services of any physician or hospital that may treat me. I further acknowledge that any negligence on the part of any physician, dentist or hospital occurring during treatment may not be imputed to Releasees. I understand that I will be financially responsible for the cost of any such care, treatment or medication and that the Releasees will have no obligation to pay any such costs.
The waiver of any breach of any term or condition of this Agreement shall not be deemed to constitute the waiver of any other breach of the same or any other term or condition.
Waiver of Jury Trial: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT FOR ITSELF AND ITS RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS OR ASSIGNS, TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING IN ANYWAY ASSOCIATED WITH THIS AGREEMENT. I HAVE CAREFULLY READ THIS DOCUMENT, AND I KNOW AND UNDERSTAND WHAT IT MEANS, AND MY SIGNATURE BELOW IS MY OWN FREE ACT, AND I INTEND IT TO BE LEGALLY BINDING ON ME, THE PARTICIPANT. THIS AGREEMENT CONSTITUTES THE ENTIRE UNDERSTANDING REGARDING THE SUBJECT MATTER HEREOF AND SUPERSEDES ANY PRIOR STATEMENTS, AGREEMENTS OR REPRESENTATIONS (WRITTEN OR ORAL) REGARDING THAT SUBJECT MATTER. I CERTIFY THAT IN THE EVENT ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE UNENFORCEABLE OR INVALID, SUCH PROVISION SHALL BE SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE ENFORCEABILITY OR VALIDITY OF ANY OTHER PROVISIONS CONTAINED IN THIS AGREEMENT.IT IS MY INTENTION TO GRANT PERMISSION FOR PARTICIPANT TO PARTICIPATE IN ON PURPOSE TEAM BUILDING, LLC SCAVENGER HUNTS, APP-BASED GAMES, TEAM BUILDING, BEACH OLYMPICS, HIKING OR CAMPING ACTIVITIES AND TO ASSUME AND ACCEPT ALL RISKS ASSOCIATED THEREWITH.
I HAVE READ THE ABOVE WAIVER AND RELASE, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANIAL RIGHTS BY SIGNING IT, AND SIGNED IT VOLUNTARILY.