I (we) recognize that there are risks involved in participating in camp activities and hereby assume all risk of injury, harm, damage, sickness, or death in connection with participation in this activity.
To the fullest extent permitted by law, I (we) release Encounter Ministry from any injury, harm, damage or death which may occur to myself, my family, or any person in my (our) group while participating in any activity and agree to save and hold harmless Encounter Ministry from any claims arising out of my participation during any activity, or while at camp.
Should there be a cause for medical treatment, I (we) understand that I am (we are) responsible for the health care decisions and agree that my (our) insurance plan is the primary plan to pay for the medical, dental, or hospital care or treatment that is given to myself or my (our) group. Any insurance policy of the church or organization sponsoring this event will be used as the secondary coverage.
Any private entity desiring to use our facilities for their own purposes will provide Encounter Cove a written Certificate of Liability Insurance in order to conduct their activities.
Encounter Cove provides access to inherently risky activities that may result in bodily injury, death, or property damage, including but not limited to ropes courses, ziplines, extreme swings, aerial bridges, water inflatable, swimming (pool and lake), canoeing (life jackets required for all participants), hiking, and recreational games, among others (“Activities”). Participation in recreational activities may involve running, jumping, slips and falls, bodily impact from sports equipment and foam projectiles, accidental person to person contact, and may be in close contact with other people.
IN CONSIDERATION of participation in the above activities on date and at location above (herein the “Activity”) I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns, hereby agree to and make the following contractual representations pursuant to this:
I/we realize there are natural, mechanical, and environmental conditions and hazards which independently or in combination with any activities engaged in while participating in this program may result in the exposure to certain risks, biological agents, virus or similar bacteriological agent, or illness that may result in medical care, hospitalization, or death.
I hereby represent that: (i) I am in good health and in proper physical condition to participate in the Activity; and (ii) I am not under the influence of any prescription drugs which would in any way impair my ability to safely participate in the Activity. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Activity. I understand and acknowledge the physical rigors associated with the Activity. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and death; inaccessibility of medical care; dangers arising from adverse weather conditions; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined harm or damage which may not be readily foreseeable, and other presently unknown risks and dangers ('Risks'). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Activity, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses which I incur as a result of my participation in the Activity.
I also accept sole responsibility for my own conduct and actions while participating in the Activity, and the condition and adequacy of my equipment. The undersigned (individually or as parent or guardian of Participant) further agrees to indemnity and save and hold harmless the RELEASEES and each of them from loss, liability, damage or cost they may incur due, in any manner or degree, to Participant’s access to, use of and/or engagement with the Activities.
By execution of this Agreement, I declare under penalty of perjury that I am signing for myself and/or Participants for whom I am duly authorized. If I execute this Release and Waiver on behalf of another person, I understand and agree that I am acting as an agent for that person and my signature expressly confirms that I have permission to sign on the other person's behalf, and this Release and Waiver shall be binding upon that person if the other person brings a claim or lawsuit against Encounter Ministry Inc. I agree to defend, indemnify and hold harmless Encounter Ministry as fully set forth above. If I sign without the express permission of any other person, I understand and agree that I am committing fraud against Encounter Ministry Inc.
I agree that any action arising from or related to this Agreement will be subject to and interpreted under the laws of the State of Missouri. Any dispute or controversy arising out of, related to or regarding any term, covenant or condition of this release shall, upon written demand of any party hereto, shall be submitted to and determined by arbitration in Camden County, Missouri, under the commercial rules of the American Arbitration Association, by one arbitrator, in accordance with the rules of the Association then in effect. The determination of the arbitrator will be final, binding, and non-appealable. Discovery shall be permitted in the arbitration only to the extent, if any, expressly authorized by the arbitrator. I understand that this Release and Waiver is valid and binding in perpetuity (forever) and shall have full force and effect whenever I or Participants participate in Encounter Cove activities.