2024 PRESTON TRAIL Waiver, Release of Liability, and Indemnity Agreement Preston Trail Community Church Read Carefully Before Signing I agree to the following agreement with Preston Trail Community Church hereinafter "PRESTON TRAIL" as a condition for allowing me and/or any other persons, identified below, to participate and attend the PRESTON TRAIL event, described below, and/or to engage in any related activities while attending the following Event: Event Dates: 2023 August 13- 2024 August 12 Throughout this entire document, “Event” shall mean all PRESTON TRAIL events held during Event Dates. This liability waiver encompasses all aspects of this Event, including but not limited to all trip related travel, all activities that occur while on an Event, and all other aspects of the Event described above. I also make this agreement on behalf of the minors listed who are attending Event , of whom I am the parent or legal guardian. All parts of this agreement shall apply to me, as well as the children/legal wards listed above. If I am personally not attending the Event, this Agreement shall apply to any and all causes of action that could be brought on behalf of the child of whom I am parent or guardian, including any claims or causes of action that I could bring on my own or as a parent, legal guardian, or in a capacity as next friend. We will hereafter collectively call ourselves "l" or "me,” or “my" in this document. IT IS HEREBY AGREED AS FOLLOWS: I have requested to attend, or to have my child attend, and participate in an Event—described above—with PRESTON TRAIL. This will include travel to and from PRESTON TRAIL. I understand that there is no way that PRESTON TRAIL can disclose each and every risk associated with Event related activities, and I nevertheless consent to allow my child to attend the Event and am aware of said risks related to Event activities. 1. Considerations/Binding Effect. This Waiver, Release of Liability, and Indemnity is being entered into in consideration of the Event fees paid by or on behalf of the Event participant in exchange for participant attending and participating in the Event. I understand that this is a binding waiver. 2. Inherent Risks of Events: I understand that I, or my minor children/wards, will be attending an Event that may include travel and Event related activities, including but not limited to, outdoor physical activities, sports, both informal and organized, use of recreational equipment, travel, activities around water, including swimming, wakeboarding, and boating, hiking, camping, accidents or collisions, inclement weather, and many other active Event themed games. I understand that there are many inherent risks associated with this Event. These risks include, but are not limited to, the following: Injury that may arise from travel accidents to and from the Event;
Injury that may arise from participation in a game, or any other activities during the Event;
Injury that may arise from usage of inflatable slides/bounce houses;
Exposure to illnesses, bacteria, viruses, and other such similar risks including, but not limited to, COVID-19; and I understand these risks, and I expressly agree to assume each one of them and to hold PRESTON TRAIL harmless from the consequences of them. Further, I am not relying on PRESTON TRAIL to list all possible risks for me. 3. WAIVER AND LIABILITY RELEASE. As consideration for being allowed to attend and participate, or to allow my minor children/wards, I agree to assume full responsibility for any and all bodily injuries, losses, or damages which may be sustained by me or my children/minor wards while attending an Event. The term “damages” means, for example, medical expenses, expenses or losses incurred because of bodily injury or property damages and/or personal property damages. This waiver shall extend to me, my heirs, administrators, personal representatives, assigns. I expressly promise to release, discharge, and agree not to sue PRESTON TRAIL as well as its respective officers, directors, employees, agents, heirs, insurers, representatives, assignees and others acting on their behalf, of and from all claims, demands, actions, or causes of actions (whether they occur now or in the future, and whether they are known or unknown), expressly resulting from any negligence by PRESTON TRAIL or its agents or a violation by any of them of any provisions of any applicable Texas liability law. I further agree that I will not file any lawsuits or similar causes of action against PRESTON TRAIL for any claim that may be made against it for injuries or damages sustained on the Event described herein. It is my express and clear intention to release and hold harmless PRESTON TRAIL and the above-specified persons and entities related to PRESTON TRAIL to the fullest extent allowed under the law. 4. INDEMNIFICATION: I ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS PRESTON TRAIL and its respective officers, directors, employees, agents, heirs, insurers, representatives, assigns, and others acting on their behalf against damages sustained or suffered by any persons who are not parties to this Agreement involving any and all injuries or damages that I may cause while participating in or attending a PRESTON TRAIL Event. The indemnification shall also include PRESTON TRAIL’s attorneys’ fees and costs. 5. Personal Responsibility. I agree to be fully responsible for my own safety. I understand that I should not attend and participate in an Event if I am unable due to my, or my minor child’s/ward’s, general health and wellbeing. I understand that PRESTON TRAIL is not advising me as to my personal medical conditions, treatment, and/or compliance with this advice. I further certify that I, and/or my minor child/children, are in good health to the best of my knowledge and from past health examinations. I certify that I have disclosed any and all health limitations of myself or my minor child/children in my registration, which shall be incorporated by reference into this release. 6. Medical Treatment Authorization of a Minor. I do hereby state that I have legal custody of the Minor(s)/legal wards listed above, if applicable. I grant my authorization and consent for an agent of PRESTON TRAIL (hereinafter “Designated Agent”) to administer general first aid treatment for any minor injuries or illnesses experienced by the Minor. If the injury or illness is life threatening or in need of emergency treatment, I authorize the Designated Agent to summon any and all professional emergency personnel to attend, transport, and treat the minor and to issue consent for any X-ray, anesthetic, blood transfusion, medication, or other medical diagnosis, treatment, or hospital care deemed advisable by, and to be rendered under the general supervision of, any licensed physician, surgeon, dentist, hospital, or other medical professional or institution duly licensed to practice in the state in which such treatment is to occur. I agree to assume financial responsibility for all expenses of such care. It is understood that this authorization is given in advance of any such medical treatment, but is given to provide authority and power on the part of the Designated Agent in the exercise of his or her best judgment upon the advice of any such medical or emergency personnel. This authorization is effective through the duration of the event. 7. Dispute Resolution and Choice of Law. Parties expressly agree that any dispute should be resolved between the Parties to this Agreement privately and personally in the spirit and in accordance with Matthew 18:15–20. In the event that the parties cannot reach an agreement of said dispute, all Parties agree to forego litigation in the courts and to pursue mediation by a mediator selected by the Administration and governed by the rules of the Institute for Christian Conciliation. In the event that mediation fails, the Parties shall take their dispute to private and confidential Arbitration under the applicable rules of the Institute for Christian Conciliation. This Agreement shall be interpreted under the laws of the State of Texas. Any litigation related to the enforcement of any award rendered by an arbitrator shall be resolved in the trial courts of Collin County in the State of Texas. 8. Severability. If any clause conflicts with Texas law, only that clause will be null and void but the remainder shall stay in full force and effect. 9. Complete and Entire Agreement. With the exception of any documents incorporated herein by reference, and specifically stated within this Waiver, this is the complete and entire Agreement between PRESTON TRAIL and the undersigned. Further, this Waiver supersedes any and all other Agreements/Waivers related to this event. Should this Waiver conflict with any of the documents incorporated by reference, the provisions of this Waiver shall supersede the provisions of all other documents incorporated herein. 10. Photograph Release: I consent to the use my photograph, likeness, image, voice or performance on the Church’s internet website, CD or DVD labels, video tape or film clips, advertisements or other official Church publications at the sole discretion of the Church and to be used in whole or in part of any and all broadcasting, audio/visual, and/or exhibition purposes in any manner or media, in perpetuity, throughout the world. By initialing, I approve the release as described in Paragraph 10: I HAVE READ THIS ENTIRE WAIVER, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT (ALL PAGES) AND ATTEST THAT I FULLY UNDERSTAND IT
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