VOLUNTARY WAIVER AND RELEASE
This Voluntary Waiver and Release Agreement (“Agreement) is hereby executed by the undersigned, or if the undersigned is under the age of 18 years, the undersigned’s parent or legal guardian (together with any heir, successor, representative or assign, collectively as “Participant”) in favor and for the sole and exclusive benefit of Expeditionary Adventures LLC DBA Camp Anothen (as defined herein). In connection with Participant’s involvement in any event which may take place at Camp Anothen or which involves the use of Camp Anothen or any of the facilities at by Camp Anothen, including, without limitation, any hikes, camps, backpacking trips and expeditions (hereinafter referred to as an “Event”), Participant hereby certifies, warrants, represents, agrees, and covenants to Expeditionary Adventures LLC DBA Camp Anothen (individually and collectively, together with each of their respective affiliates, officers, employees, partners, shareholders, members, board members, sponsors, volunteers, tenants, contractors, agents, successors, and assigns, “Camp Anothen”), that he/she is:
(1) FREE OF ANY MENTAL OR PHYSICAL CONDITION, AILMENT OR INJURY (MEDICAL OR OTHERWISE) WHICH WOULD, IN AND OF ITSELF OR IN CONJUNCTION WITH ANY OTHER CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO THOSE ACTIVITIES ASSOCIATED WITH THE EVENT, (i) IMPAIR, PREVENT OR PROHIBIT PARTICIPANT FROM ENGAGING IN SUCH EVENT ACTIVITIES OR (ii) BE AFFECTED, AGGRAVATED OR WORSED IN ANY WAY AS A RESULT, DIRECTLY OR INDIRECTLY, OF PARTICIPANT’S INVOLVEMENT IN SUCH EVENT;
(2) OF SOUND, MIND AND BODY, AND NOT UNDER THE INFLUENCE OF ALCOHOL OR ANY ILLICIT OR PRESCRIPTION DRUG OR MEDICATION WHICH MAY IN ANY WAY IMPAIR PARTICIPANT’S ABILITY TO ENTER INTO THIS AGREEMENT , FULLY UNDERSTAND THE RESPECTIVE INTENT AND MEANING OF ALL OF THE TERMS AND PROVISIONS HEREOF AND TO PARTICIPATE IN THE EVENT;
(3) ENTERING INTO THIS WAIVER AND RELEASE AGREEMENT VOLUNTARY, BY PARTICIPANT’S OWN FREE WILL, ACT AND DEED, WITHOUT ANY UNDUE INFLUENCE FROM CAMP ANOTHEN OR ANY OTHER THIRD PARTY.
ASSUMPTION OF RISK: PARTICIPANT AGREES THAT HE/SHE DERIVES A MATERIAL BENEFIT FROM THE EVENT AND/OR PARTICIPANT’S INVOLVEMENT THEREIN. BY EXECUTION OF THIS AGREEMENT, PARTICIPANT AGREES AND ACKNOWLEDGES THAT THE EVENT MAY INVOLVE STRENUOUS ACTIVITY, POSSIBLE CONTACT WITH VARIOUS SPECIES OF WILD ANIMALS, INSECTS AND/OR TOXIC PLANTS WHICH MAY BE POTENTIALLY HAZARDOUS, AND PARTICIPANT HEREBY ASSUMES ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE EVENT, INCLUDING, WITHOUT LIMITATION, FALLS, CONTACT WITH OTHER PARTICIPANTS, THE EFFECTS OF WEATHER AND THE CONDITION OF SURFACES. FURTHERMORE, PARTICIPANT EXPRESSLY AND UNCONDITIONALLY ASSUMES ALL RISKS AND DANGERS KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, AND RELATING OR INCIDENTAL TO PARTICIPANT’S INVOLVEMENT IN THE EVENT AND ANY ACTIVITY ASSOCIATED THEREWITH. PARTICIPANT HEREBY RELEASES, FOREVER DISCHARGES AND HOLDS HARMLESS CAMP ANOTHEN FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COST, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND OR NATURE, ARISING OUT OF OR RELATING TO PARTICIPANT’S INVOLVEMENT IN THE EVENT AND ALL ACTIVITIES ASSOCIATED THEREWITH. Each Participant understands that by signing this Agreement, each Participant covenants and agrees that such Participant, as well as such Participant’s heirs, executors, administrators, successors and assigns, will never institute any suit or action at law, or otherwise, against Camp Anothen, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages, cost, loss of service, expenses or compensation for or on account of any damage, loss or injury either to Participant’s person or property, or both, which may result from the Participant’s participation in the Event or any other Event associated therewith. Each Participant agrees to defend and hold Camp Anothen harmless from any loss or damages, including attorney’s fees and cost, sustained by Camp Anothen, as a result of any Participant’s rescission of this Agreement or breach of its covenants or agreements contained in this paragraph .
MEDICAL ATTENTION: Participant agrees that during the Event, Camp Anothen is authorized to secure appropriate medical attention for participant in the event of an accident, illness or injury. Participant shall be responsible for any and all cost of medical treatment provided. Participant shall be covered by a health insurance policy obtained by participant at Participant’s sole cost and expense, and shall provide Camp Anothen with a copy of Participant’s insurance card at registration.
1) I give my permission to Camp Anothen and its representatives to secure medical attention for my child in the event of accident or illness while under his/her supervision. I understand that Camp Anothen will attempt to contact me first and then the emergency contact number before releasing my child to the care of a doctor or hospital.
2) Should my child need medical attention, and I cannot be contacted, neither Camp Anothen or its Owners, Staff, Directors, Managers , Volunteers, Members or its representatives are not to be held responsible for any occurrence which might transpire during the rendering of medical services to my child by a doctor or hospital staff to whom my child may have been released.
3) It is further understood that the case of accident or illness which requires the services of a doctor or hospital, that I will assume the payment of all expenses incurred in securing the services of the doctor or hospital. I further stipulate that page three and four of this document contains confidential information which I have supplied regarding my child’s medical status, and that the information is correct. This information is to be shared with an attending physician and/or hospital staff member only in the case of emergency.
4) Participant agrees that during the event, Camp Anothen is authorized to secure appropriate medical attention for participant in the event of an accident, illness or injury. Participant shall be responsible for any and all cost of medical treatment provided. Participant shall be covered by a health insurance policy obtained by participant at Participant’s sole cost and expense, and shall provide Camp Anothen with a copy of Participant’s insurance card at registration.
IMAGE RELEASE: The participant agrees that Camp Anothen shall have the right to record, broadcast and otherwise exploit in any and all media taken of the Participant’s and his/her activity/performance while at Camp Anothen. Camp Another is further authorized to use the Participant’s name, likeness, voice and biographical information in connection with their participation in Camp Anothen.
If any provision of this Agreement shall for any reason be held invalid or unenforceable, such as invalidity or unenforceability shall not affect any other provision hereof and this Agreement shall be constructed as if such invalid or unenforceable provision were omitted.
GOVERNING LAW: The validity, interpretation, construction and enforcement of this Agreement shall be governed and controlled by the laws of the State of Texas, without regard to that State’s rules with respect to choice of law. THE WAIVER AND RELEASE GRANTED BY PARTICIPANT HEREUNDER IS LEGALLY BINDING AND SHALL BE CONSIDERED IRREVOCABLE. PARTICIPANT AGREES THAT CAMP ANOTHEN MAY RELY UPON THIS AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE AT LAW OR IN EQUITY.
Participant hereby certifies that all information provided on ALL forms is true, accurate and complete in all respects.