UPSTREAM Release

EXCULPATORY CLAUSE. In consideration for receiving permission to participate in any and all activities of ETX Connection, I release, waive, discharge, covenant not to sue, and agree to hold harmless, ETX Connection and its directors and volunteers (referred to as RELEASEES / INDEMNITEES) from liabilities, claims, demands, injuries (including death) or damages, including court costs, attorney’s fees & expenses, that may be sustained while participating, traveling to and from, or while on the premises owned or leased by RELEASEES, including injuries sustained as a result of the sole, joint, or concurrent negligence, negligence per se, statutory fault, or strict liability of RELEASEES. I understand this waiver does not apply to injuries caused by intentional or grossly negligent conduct.

INDEMNITY CLAUSE. I am aware that there are inherent risks, including but not limited to physical injury or anxiety. I voluntarily participate with full knowledge that the activity may be hazardous to me and my property. I acknowledge there may be physically strenuous activities. I know of no medical reason why I should not participate. I agree to indemnify and hold harmless ETX Connection, its Directors, leaders, volunteers, and counselors from liabilities, claims, demands, injuries (including death), or damages, including court costs and attorney’s fees and expenses, which may occur as a result of my participation. BINDS HEIRS. It is my express intent that this agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased, and shall be governed by the laws of the State of Texas.

MEDICAL AUTHORIZATION, INDEMNITY FOR MEDICAL EXPENSES, and WAIVER. I understand RELEASEES cannot be expected to control all of the risks articulated in this form and RELEASEES may need to respond to accidents and potential emergency situations. Therefore, I hereby give my consent for any medical treatment that may be required, as determined by a medical professional during my participation in this activity with the understanding that the cost of any such treatment will be my responsibility. I agree to indemnify and hold harmless INDEMNITEES for any costs incurred to treat me, even if an INDEMNITEE has signed hospital documentation promising to pay for the treatment due to my inability to sign the documentation. I further agree to release, waive, discharge, covenant not to sue, and agree to hold harmless for any and all purposes, RELEASEES from any and all liabilities, claims, demands, injuries (including death), or damages, including court costs and attorney’s fees and expenses, that may be sustained by me while receiving medical care, including while traveling to and from a medical care facility. I understand this waiver does not apply to injuries caused by intentional or grossly negligent conduct.

Definitions: “CAMP” means Timberline Baptist Camp & Conference Center, a Texas nonprofit corporation, its Member Churches, Directors, Officers, Employees, Agents, Volunteers, or Associates. “Applicant” means campers and all participants in CAMP activities, and the parent, legal guardian or conservator of any campers and all participants in CAMP activities, who verifies by this signature that he or she has the legal right to sign on behalf of camper or participant less than 18 years of age (Minor), and Applicant’s heirs, executors and administrators, successors and assigns, and members of Applicant’s family, including any minors accompanying Applicant. “Risks and Dangers” include, but are not limited to, the negligence or intentional acts of other people, including other campers, drowning or other water injury, falls or injury from heights (ground to 50 feet), accident or illness in remote places without medical facilities, the forces of nature, and travel by air, boat, automobile, or other conveyance, elements of nature, including temperature extremes, inclement weather, poisonous plants, biting or stinging insects, animals, rough outdoor terrain, and possibly high altitude, including the possibility of asthmatic or allergic attack.

CONSIDERATION: Applicant is a camper at CAMP, or potential participant in CAMP Activities.  This agreement is made in consideration of CAMP leaders allowing Applicant to participate in such activities.  NOTICE: Applicant acknowledges that these Activities involve inherent Risks and Dangers and that Applicant will be exposed to these Risks and Dangers.  Applicant recognizes that these Risks and Dangers may cause personal injury or death, loss or damage to personal property, emotional distress, and psychological damage due to accidents or intentional acts which may occur during these activities.  Applicant understands that transportation for medical treatment may take an hour. 

APPLICANT’S HEALTH: Applicant certifies Applicant is completely physically, mentally, psychologically, and emotionally healthy, and capable of participating in all Activities, except for those listed below.  Applicant has specified in detail any reasonable accommodation necessary for any disability that Applicant may have and has supplied equipment, medicine, or medical supplies that Applicant may need.  Applicant understands that participation in this CAMP program is entirely VOLUNTARY.  Applicant is solely responsible for determining whether there is any reason that Applicant should not participate in any Activities, including possible contact with any substances that may cause asthma or allergic reactions.  RELEASE: In consideration of, and as part payment for the right to participate in Activities and the services and food arranged by CAMP, Applicant: (1) fully releases CAMP from current or future liability from negligence, gross negligence, or intentional tort by any person, (2) assumes all Risks and Dangers, whether or not that risk is foreseeable, and (3) will indemnify and hold CAMP harmless from any and all claims, liability, actions, causes of action, debts, claims and demands of every kind and nature whatsoever, for personal injury, property damage or loss, psychological injury or emotional distress, or medical expenses of any kind and attorney’s fees and costs of court filed by Applicant, or by other parties against CAMP, connected with Applicant’s program or participation in any activities at CAMP or arranged by the CAMP. Applicant hereby agrees that Applicant will not sue CAMP for personal or property injury, and, if Applicant attempts to sue, Applicant will not collect any money.  In addition, Applicant will indemnify CAMP for attorney’s fees and costs of court fees associated with any litigation against CAMP connected with Applicant’s program or participation in any activities at CAMP or arranged by the CAMP.  SAFETY: Applicant agrees to follow all safety instructions and to use caution to protect Applicant, other camper, CAMP personnel, and others.  Applicant understands that failure to obey safety rules will cause expulsion from CAMP. 

REPRODUCED IMAGES: I authorize and release the use of Applicant’s image to be reproduced in any form including, but not limited to, newspapers, photographs, magazines, and internet websites, to CAMP for any purpose of CAMP.

VOLUNTARY SIGNATURE: In signing this agreement I acknowledge and represent that I have read, understand and sign it voluntarily as my own free act and deed.

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