Please read this agreement carefully. It affects the legal rights of participants in the activities of Common Ground: The Cindy Nord Center for Renewal, an Ohio not for profit corporation (“Common Ground”) and other visitors to its premises, and their parents and legal guardians. It must be signed by adult (eighteen years and older) visitors or, if the visitor is a minor, by a parent or court appointed guardian of the minor (parent and guardian both referred to below as “parent”). Parents sign for themselves and, to the extent allowed by the laws of the State of Ohio, on behalf of the minor visitor.
In consideration of the services of Common Ground I, the undersigned adult visitor or parent, acknowledge and agree as follows:
The Activities: Common Ground offers a variety of activities designed to encourage team building, judgement, and personal growth. The activities are conducted on the premises of Common Ground in Henrietta Township, Ohio, and, on occasion, at other sites. Activities include hiking, field games, team building, recreational tree climbing, a high ropes course and a zip-line canopy tour. “Activities”, as used in this agreement, include not only organized activities, which may be supervised and facilitated, but also visiting and moving about the premises of Common Ground or other activity site, as an observer or otherwise.
Activities are more fully described at Common Ground’s website: commongroundcenter.org.
The Risks: The risks of Common Ground activities and moving about its premises and other activity sites include those usually associated with mild to vigorous athletic and recreation activities. Weather changes may expose visitors to heat and cold. Plants and animals may cause harm. Equipment may fail. Visitors may be exposed to a variety of illnesses and diseases, including the Covid-19 virus discussed below and its variants. Falls and collisions may result in breaks, sprains, and other injuries. Participants in certain activities may experience some anxiety related to heights, and close personal contact with, and reliance on, others. Emergency medical care may be delayed. Accidents may occur in the transport of visitors to other activity sites. While Common Ground staff seek to manage the risks of its activities, they are not infallible and may make mistakes, including, among others, incorrectly assessing a participant’s fitness or abilities, emergency response and rescue, and the conduct of other visitors and participants and third parties not under the control of Common Ground.
Common Ground will use the services of third-party independent contractors for certain services. Such contractors, and not Common Ground, are responsible for their conduct, and disputes arising from their services must be resolved with the contractor, not with Common Ground. Contractors may require visitors to sign written agreements which may include a release of claims.
Covid-19: The Covid-19 pandemic (“coronavirus”, or “the virus”) has made necessary certain health practices and policies for the protection of Common Ground visitors and staff. The virus can cause serious illness and even death. Important information about the virus and strategies for its prevention and spread can be found at the website of the Center for Disease Control and Prevention: https://www.cdc.gov/coronavirus. Important and related information can also be found at the website of the Ohio Department of Health: http://coronavirus.ohio.gov/wps/portal/gov/covid-19/home. Common Ground’s own policies and guidelines are posted at its website (see above).
Visitors and their parents must understand the guidelines and directives of these and other sources regarding symptoms and prevention, including: vaccination, screening for symptoms, recent contacts with persons who may have been infected, the wearing of masks, social distancing from others, sanitizing of surfaces and hand washing, and responses to a suspicion of infection. Visitors must follow instructions of staff, and variances (including brief and unavoidable close personal contact) may be allowed in certain circumstances.
By signing below, I, an adult visitor or parent, represent that I am familiar with the virus and the disease caused by it, and recommended measures for its prevention and spread. As a parent, I further agree that I have discussed these matters with the minor visitor. I have taken reasonable steps to screen for the disease and prevent its spread to Common Ground visitors and staff.
Assumption of Risks: I, an adult visitor or parent of a visitor who is a minor (as parent, for myself and, to the maximum extent allowed by Ohio law, on behalf of the minor) am aware of and understand that activities described above, and any others in which I or the minor might engage, are potentially dangerous activities and may result in damage to property, personal injuries, emotional distress, illness, disease, serious injury, disability, and/or death. Such injuries, illnesses and losses are inherent in Common Ground activities and in moving about its activity sites and in using its equipment - that is, they cannot be eliminated without jeopardizing the essential qualities of the activity.
I knowingly and voluntarily accept and assume all risks of injury, disability, death, and/or property damage arising from being enrolled in an activity of Common Ground or otherwise being on its premises. The risks are assumed whether or not they are inherent or described above, and whether or not they are caused by, or result from, the negligence of Common Ground or another visitor, to the fullest extent permitted by law. If I am the parent of a minor visitor, I have explained the risks to the minor, who understands them and wishes to be enrolled and to participate in Common Ground activities despite the risks.
Release and Indemnity: I, an adult visitor or parent of a visitor who is a minor (as parent, for myself and, to the maximum extent allowed by Ohio law, on behalf of the minor) hereby knowingly and voluntarily agree not to sue, and to release, forever discharge, and indemnify (that is, defend and protect, including by paying or reimbursing claims, costs, attorneys’ fees and insurance deductibles) Common Ground: The Cindy Nord Center for Renewal , its owners, officers, volunteers, employees, agents, and all other persons or entities acting in any capacity on their behalf (“Released and Indemnified Parties”) from any and all claims, suits, demands, or causes of action for any injury, disability, death, or property damage which arise from or are in any way related to the visitor’s being enrolled in or participating in an activity of Common Ground, or otherwise being on its premises or another site of its activities.
This agreement of indemnity is intended to include claims arising out of losses suffered by or caused by the visitor.
These agreements of release and indemnity include loss, damage or expense claimed to have been caused in whole or in part by the visitor’s becoming infected by, or, with respect to indemnity, infecting others with, a communicable disease, including Covid-19.
These agreements include claims of the negligence of Common Ground, another Released and Indemnified Party, or any other visitor, but not willful or wanton conduct, gross negligence, or intentionally wrongful conduct, to the fullest extent permitted by law.
Other: As an adult visitor or parent of a visitor who is a minor, I represent that I am, or the minor is, in good health, without any emotional or physical condition which would cause me or the minor to be a danger to ourselves or to others. In the event of a medical emergency, I authorize Common Ground to seek immediate care, and, if I am a parent, I expect to be informed of the emergency as soon as reasonably possible. I have adequate insurance to cover any injury or damage that I or the minor visitor may cause or suffer while engaged in activities. In any event, I, an adult visitor or parent, understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.
As an adult visitor or parent, I consent to the use by Common Ground, without further consideration, of photographs, videos, audio recordings and other media representing me or the minor, for advertising or other purposes.
I agree that Common Ground may terminate the participation of any visitor who, in the sole discretion of staff, disrupts the orderly conduct of an activity, fails to follow the directions of staff, or is a danger to themselves or to others. A visitor who is expelled from Common Ground is not entitled to a refund of any payments made.
If I or the minor visitor, or anyone acting on behalf of me or the minor visitor, should file a lawsuit against a Released Party, I agree that it must be filed and maintained solely in a court of competent jurisdiction in Lorain County, Ohio. I further agree that the substantive laws of the State of Ohio shall apply in that action without regard to the conflict of law rules of Ohio. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing below, I acknowledge that I have carefully read and understand this document, and I agree to its terms, for myself and the minor visitor, our respective estates, and all members of our respective families (including a non-signing parent) who may have a claim in the event of a loss suffered by me or the minor visitor. This agreement will apply to my, or to the minor’s upcoming visit and to future visits until it is replaced by a later agreement. That future agreement will apply to visits thereafter but will have no effect on rights created by this agreement.