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ACTIVITY PARTICIPATION RELEASE

TERMS AND CONDITIONS


Description of Activities

I intend to participate in various activities in connection with the Vineyard USA national conference, which may include travel to/from theme parks, carnivals, outdoor activities, indoor activities (i.e., skating, mini car racing, etc.), and other activities (rafting, racing, horseback riding, etc.), which may involve travel to unsafe, unstable, and/or otherwise dangerous areas, and which may  involve contact with people and/or conditions which may be unsafe, unstable, and/or otherwise dangerous (collectively, the “Activities”). For clarification, I understand that some or all of the Activities are operated by organizations other than Vineyard USA, and that such organizations may not follow recommended safety protocols and procedures.

Assumption of the Risk 

I am aware and understand the Activities are inherently dangerous. I acknowledge that any injuries that I sustain may be compounded by negligent emergency response or rescue operations of Vineyard USA. I understand the potential dangers that I could incur in participating in the Activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; exposure to extreme conditions and circumstances; contact with other participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect travel conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of Vineyard USA; and other undefined, not readily foreseeable nor presently unknown risks and dangers. I acknowledge that I am voluntarily participating in the Activities with knowledge of the danger involved, and hereby accept and assume any and all risks of injury, or death, whether caused by the negligence of Vineyard USA or otherwise, resulting from the Activities.

Waiver and Release

I hereby expressly waive and release Vineyard USA, its officers, directors, employees, agents, affiliates, successors, assigns, venue and property owners or operators upon which the Activities take place, county and state in which the Activities are held; any churches and/or ministry organizations associated with the Activities; and any other organizers, promoters, sponsors, or advertisers for the Activities; and each of their respective parent, subsidiary and affiliated organizations, officers, directors, partners, members, agents, employees and volunteers (collectively, "Releasees") from any and all liability, claims, demands, actions or rights of action, which are related to, or are in any way connected with, my participation in the Activities, including but not limited to, the negligent acts or omissions of Vineyard USA or any Releasees now known or hereafter known in any jurisdiction throughout the world. I further agree, promise and covenant not to make or bring any such claim against Vineyard USA or any other Releasee arising from or connected with my participation in the Activities and forever release and discharge Vineyard USA and all other Releasees from liability under such claims.

Limitations on Damages

VINEYARD USA SHALL NOT BE LIABLE TO ME FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VINEYARD USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, VINEYARD USA SHALL NOT BE RESPONSIBLE FOR (A) MY PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY VINEYARD USA; (B) PERSONAL INJURY; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (H) MY PARTICIPATION IN ANY NON-VINEYARD USA FUNCTION OR EVENT. I AGREE THAT VINEYARD USA’S MAXIMUM LIABILITY TO ME, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY VINEYARD USA FROM ME.

Indemnification

I SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS VINEYARD USA AND ALL OTHER PERSONS ACTING ON BEHALF OF OR IN CONCERT WITH VINEYARD USA, FROM ALL LIABILITIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) MY PARTICIPATION IN THE ACTIVITIES INCLUDING WITHOUT LIMITATION ANY LIABILITY CAUSED BY NEGLIGENCE (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF VINEYARD USA, AND (B) MY USE OF VINEYARD USA’S PROPERTY, TRANSPORTATION, GOODS, AND/OR SERVICES.

Medical Treatment

I hereby grant permission to Vineyard USA or its designees to administer or arrange for any medical assistance that they deem necessary or appropriate as a result of my participation in the Activities, including, without limitation, arranging transportation to a hospital or other medical facility, and I hereby assume any and all liability for any medical expenses. I hereby grant to Vineyard USA and its designees, access to all medical records (and physicians) as needed. I hereby release and forever discharge Vineyard USA and any Releasees from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during the Activity.


Severability

I expressly agree that this release is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this release is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of this release (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the release shall be deemed amended accordingly.


Governing Law 

I agree that this Agreement will be governed by the laws of the State of Texas, without regard to its principles of conflicts of laws. 


Dispute Resolution

The parties to this agreement believe that the Bible commands them to make every effort to live at peace and to resolve disputes with each other in private or within the Christian church (see Matthew 18:15-20; 1 Corinthians 6:1-8). Therefore, the parties agree that any claim or dispute arising from or related to this agreement shall be settled by biblically-based mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker® Ministries (complete text of the Rules is available at www.HisPeace.org). Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand 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 one another for such disputes, except to enforce an arbitration decision. Any arbitration pursuant to this paragraph shall be conducted in Dallas County, State of Texas.


CONTRACT ACCEPTANCE: I have read and understand this agreement, and agree to its terms. I further acknowledge receipt of a copy of this agreement.

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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