2020 OAC WAIVER AND RELEASE OF LIABILITY FORM
“Activity” or “Event” shall be defined to include any activity or event lead by Outdoor Adventures Club during 2020, which shall include hiking, camping, backpacking, traveling in personally owned vehicles, traveling by airplane, traveling by taxi, traveling by rental car, climbing mountains, swimming, playing sports, skiing, snowboarding, fishing, hunting, sledding, all retreats, included Winter Retreat, weekend away in Denver at Elitch Gardens, Boot Camp, Walkabout, tryouts for Bootcamp and Walkabout, parties, domestic and international mission trips, classes, food eating contests, concerts, eating at restaurants, watching movies and any other events promoted by Outdoor Adventures Club or otherwise.
I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THIS ACTIVITY OR EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I understand and certify that my participation in this Activity or Event is completely voluntary. I have familiarized myself with this Activity or Event in which I will be participating. I understand that I will be transported by Outdoor Adventures Club volunteers, employees, directors or officers in their privately owned vehicles to and from the Event or Activities, as well as to or from the Event’s training sessions. I recognize that certain hazards and dangers are inherent in the transportation involved, as well as in regard to this Event and these Activities, which may include, but are limited to, tent camping, water crossings, exposure to unpredictable weather, hiking and camping in the vicinity of wildlife, hiking and camping at high elevation, and hiking and camping in the vicinity of poisonous plants and insects. I acknowledge that although Outdoor Adventures Club has taken safety measures to minimize the risk of injury to Event participants, Outdoor Adventures Club cannot insure or guarantee that the participants, transportation, equipment, premises or Activities will be free of hazards, accidents or injuries. I recognize the importance of knowing and abiding by the rules, regulations, and procedures of this Event and these Activities.
I certify that I am physically fit, have sufficiently prepared or trained for participation in the Activity or Event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this Activity or Event.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by Outdoor Adventures Club and any other event holders, sponsors, and/or organizers of the Activity or Event in which I may participate, and that it will govern my actions and responsibilities at said Activity or Event.
IN CONSIDERATION OF MY APPLICATION AND PERMITTING ME TO PARTICIPATE IN THIS EVENT, I HEREBY TAKE ACTION FOR MYSELF, MY HEIRS, SPOUSES, EXECUTORS, ADMINISTRATORS, TRUSTORS, TRUSTEES, BENEFICIARIES, PREDECESSORS, SUCCESSORS, ASSIGNS, PARTNERS, PARTNERSHIPS, PARENTS, SUBSIDIARIES, AFFILIATED AND RELATED ENTITIES, OFFICERS, DIRECTORS, BOARD MEMBERS, COUNCIL MEMBERS, PRINCIPALS, AGENTS, EMPLOYEES, SERVANTS, REPRESENTATIVES, SHAREHOLDERS, AND ALL PERSONS, FIRMS, ASSOCIATIONS, DISTRICTS, AGENCIES, AND/OR CORPORATIONS CONNECTED WITH THEM, INCLUDING WITHOUT LIMITATION THEIR THIRD PARTY ADMINISTRATORS, TRUSTEES, INSURANCE CARRIERS, ATTORNEYS, AGENTS, CONSULTANTS, REPRESENTATIVES, EXPERTS AND RELATED ENTITIES:
I WAIVE, RELEASE, AND DISCHARGE OUTDOOR ADVENTURES CLUB, INCLUDING ITS FORMER AND PRESENT AFFILIATED ENTITIES, JOINT VENTURERS, PARTNERSHIPS, PARTNERS, TRUSTEES, BENEFICIARIES, PREDECESSORS, SUCCESSORS, MANAGERS, MANAGING AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNS, DESIGNERS, ENGINEERS, ARCHITECTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL SUPPLIERS, SURETIES, INSURANCE BROKERS, THIRD PARTY ADMINISTRATORS, INSURANCE CARRIERS, ATTORNEYS, SALES AGENTS, CONSULTANTS, REPRESENTATIVES, VOLUNTEERS, THE ACTIVITY OR EVENT HOLDERS, ACTIVITY OR EVENT SPONSORS, ACTIVITY OR EVENT VOLUNTEERS AND RELATED ENTITIES FROM ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO, LIABILITY ARISING FROM THE WILLFUL MISCONDUCT, GROSS NEGILIGENCE, NEGLIGENCE, RECKLESSNESS OR FAULT OF THE ENTITIES OR PERSONS RELEASED, FOR MY DEATH, DISABILITY, PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY THEFT, OR ACTIONS OF ANY KIND WHICH MAY HEREAFTER OCCUR TO ME INCLUDING MY TRAVELING TO AND FROM THIS ACTIVITY OR EVENT AND THE TRAININGS THERETO.
I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE THE ENTITIES OR PERSONS MENTIONED ABOVE IN THIS RELEASE FROM ANY AND ALL LIABILITIES OR CLAIMS MADE AS A RESULT OF PARTICIPATION IN THIS ACTIVITY OR EVENT, WHETHER CAUSED BY THE WILLFUL MISCONDUCT, GROSS NEGILIGENCE, NEGLIGENCE, RECKLESSNESS OR FAULT OF THE ENTITIES OR PERSONS RELEASED OR OTHERWISE.
I ACKNOWLEDGE THAT OUTDOOR ADVENTURES CLUB AND ITS FORMER AND PRESENT AFFILIATED ENTITIES, JOINT VENTURERS, PARTNERSHIPS, PARTNERS, TRUSTEES, BENEFICIARIES, PREDECESSORS, SUCCESSORS, MANAGERS, MANAGING AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNS, DESIGNERS, ENGINEERS, ARCHITECTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL SUPPLIERS, SURETIES, INSURANCE BROKERS, THIRD PARTY ADMINISTRATORS, INSURANCE CARRIERS, ATTORNEYS, SALES AGENTS, CONSULTANTS, REPRESENTATIVES, VOLUNTEERS, THE ACTIVITY OR EVENT HOLDERS, ACTIVITY OR EVENT SPONSORS, ACTIVITY OR EVENT VOLUNTEERS AND RELATED ENTITIES ARE NOT RESPONSIBLE FOR THE ERRORS, OMISSIONS, ACTS, OR FAILURES TO ACT OF ANY PARTY OR ENTITY CONDUCTING A SPECIFIC EVENT OR ACTIVITY ON BEHALF OF THE OUTDOOR ADVENTURES CLUB.
I acknowledge that this Activity or Event may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, Event officials, and Event monitors, and/or producers of the Event, and lack of hydration. These risks are not only inherent to participants, but are also present for volunteers.
I hereby consent to receive medical treatment which may be deemed advisable in the Event of injury, accident, and/or illness during this Activity or Event.
I hereby give Outdoor Adventures Club the right to interview and/or to take photographs, audio or audio-visual recordings of me to be used in promotional, educational or fundraising materials including, but not limited to videotapes, pamphlets and brochures. I understand my name may be used in connection with these materials. By signing this media release, I intend to legally bind myself, my heirs, executors and administrators. Outdoor Adventures Club shall have the right to use photographs or other images of me in promotion, educational or fund-raising materials. I acknowledge that Outdoor Adventures Club shall have all rights of copyright in and to such photographs and videotapes and may use such copyright fully. I also hereby release Outdoor Adventures Club and its officers, agents and employees from all liability connected with the taking and use of these materials as is authorized by Outdoor Adventures Club. In addition, I waive all rights, interest or claims for payment in connection with any exhibition or release of these materials. This consent is voluntary, and I give it in the interest of public information, education, the furtherance of the goals of these institutions, or other lawful purposes. I acknowledge that I have legal authority to sign this form on behalf of the minor whose name is mentioned above.
The accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under Texas law, which shall be the governing law.
I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT, AND I SIGN IT OF MY OWN FREE WILL. THE UNDERSIGNED ARE HEREBY WAIVING NEGLIGENCE CLAIMS, GROSS NEGLIGENCE CLAIMS, PERSONAL INJURY CLAIMS AND MENTAL ANGUISH CLAIMS.
Today's Date: November 26, 2020