Calvin Crest Conferences. (‘‘Calvin Crest”)
RELEASE OF LIABILITY AND ASSUMPTION OF RISK (“Release”)
PLEASE READ CAREFULLY. BY SIGNING BELOW, YOU ARE AGREEING ON YOUR OWN BEHALF TO RELEASE CALVIN CREST AND OTHER PARTIES RELATED TO IT FROM LIABILITY.
IN CONSIDERATION of the privilege of my use and/or the Minor’s (defined later) of Calvin Crest’s facilities and participation in Calvin Crest’s programs, the undersigned individual states as follows:
MINOR DEFINED: For purposes of this Release, “Minor” is defined as a minor child in the broadest possible sense over which the Adult signing this Release has legal authority and responsibility. This may include but is not limited to, the adult’s child by natural-birth, child by legal adoption, child by foster care, child by marriage (step-child), legal ward, juvenile, conservatee, and/or any other relationship whereby an adult accepts legal responsibility for a minor. By signing this Release on behalf of a Minor, I hereby represent I have legal authority to sign on behalf of the Minor identified herein.
ASSUMPTION OF RISK: Calvin Crest intends to make me aware, and I understand, that use of Calvin Crest’s facilities and participation in Calvin Crest’s programs, including, but not limited to, swimming in pools, ponds and lakes; boating, kayaking, paddleboarding; high ropes courses, zip lines, giant swings, and rappelling; biking; archery and archery tag; use of swings and playground equipment; use of the disc golf course; skating; snowboarding; snow tubing; strenuous competition games and physical activity in natural environments; free-time activities of choice (ball games, horseshoes, etc); table games; mountain and wilderness travel; transportation to and from Calvin Crest and to and from camp trips/activities; crafts; rock scrambling, technical rock climbing & climbing wall; golf cart usage (the “Program”), exposes the participant to certain risks, hazards, and dangers, including, by way of example, the risk of personal injury (including the risk of permanent disability or death), accidents or illnesses in remote places (without the immediate availability of medical facilities); vehicle accidents; exposure to adverse weather conditions and wildlife; exposure to biting insects and wildlife, including insects and wildlife that may carry disease; malfunctioning equipment such as helmets, life jackets, harnesses, ropes, cables and any equipment provided by Calvin Crest related to any of the above- described activities; malfunctioning camp facilities; slippery and/or uneven surfaces; open, natural water conditions with varying depths and currents; and exposure to infectious sicknesses and diseases, epidemics and pandemics, including COVID-19 (collectively, the “Inherent Risks”). There may be other risks, which may not be known by me, or predicted and controlled by the Program, and which could result not only in physical, mental, or emotional injury but in social, economic, or other kinds of losses either not known to me or not foreseeable at this time and I acknowledge these are included within the Inherent Risks. The Inherent Risks may be caused by my own actions or inactions, the actions of others, the conditions in which the Program takes place, or the negligence of the “Released Parties” named below. I also understand that outdoor, recreational and adventure activities require physical exertion, and any participant should be in good physical health. I further understand it is my responsibility to provide adequate clothing for myself to participate. If I am not in good health, I realize this may create additional risk. I FULLY AND VOLUNTARILY ACCEPT AND ASSUME ALL SUCH INHERENT RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred by me and/or the Minor as a result of participation in the Program.
RELEASE - ADULT AND/OR PARENTS’/GUARDIANS’ RIGHTS:
I HEREBY RELEASE, DISCHARGE, AND AGREE NOT TO SUE the Released Parties, and each of them, and do discharge and waive, any and all claims, demands, losses, damages, and liabilities that I and/or the Minor as a participant may have or sustain, including attorneys’ fees and costs, with respect to any and all property damage, economic loss, medical expense, personal injury, and other expense, injury, or harm, and/or death arising directly or indirectly from participation in the Program, including without limitation any and all of those Inherent Risks described above. The foregoing sentence shall apply (without limitation) to all claims, demands, losses, damages, and liabilities, including but not limited to claims for negligence, loss of consortium and wrongful death, but excepting claims related to gross negligence, intentional and/or willful acts of misconduct.
APPLICATION OF COVENANTS AND UNDERSTANDINGS: The covenants and undertakings of this Release are given for and shall be binding upon my family, heirs, estate, next of kin, executors, administrators, legal representatives, beneficiaries, successors, and assigns.
INDEMNIFICATION: I FURTHER AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS the Released Parties, and each of them, from and against any and all claims, demands, losses, damages, attorneys’ fees and costs, expenses, and liabilities made against or incurred by any of them, including those for indemnity, contribution, or otherwise, arising from my and/or the Minor’s participation in the Program and the Inherent Risks, whether resulting from claims, actions, or lawsuits asserted by me or by another person against the Released Parties, except to the extent prohibited by applicable law.
COVID 19: I understand that risks associated with COVID-19 cannot be eliminated entirely. I also understand that although reasonable precautions are taken, participants may become infected with COVID-19. I also understand the health risks associated with COVID-19 infection including potential exposure to others. I expressly agree to accept and assume all risks associated with COVID-19 related to me and/or the Minor’s participating in the activities that occur at or around Calvin Crest. I have elected to participate in these activities despite the risks of COVID-19 and this decision is purely voluntary. I acknowledge that Calvin Crest is taking reasonable measures to prevent the transmission of COVID-19 consistent with applicable public health guidelines. I understand that Calvin Crest reserves the right to conduct testing for exposure of COVID-19; the right to isolate, remove, quarantine, and/or dismiss me for COVID-19 reasons; and to take all reasonable steps to maintain and protect the health and welfare of myself, other guests, staff, and volunteers.
I understand that if I am or the Minor is symptomatic, Calvin Crest is authorized to conduct testing for exposure of COVID-19 through a mid-turbinate nasal swab as ordered by an authorized medical provider. I acknowledge that minimally invasive sample collection methods, such as collection through a mid-turbinate nasal swab, can result in varying levels of discomfort during sample collection. I acknowledge that, if I or the Minor receive a positive test result, I must ensure that I or the Minor abide by isolation and quarantine policies and all applicable federal, state, and/or local guidance on isolation and quarantine to avoid infecting others. I understand that by signing this document and agreeing that I shall undergo COVID-19 testing, that I am not creating a parenting and parent relationship with Calvin Crest. I understand that Calvin Crest is not acting as a medical provider for me. Testing does not replace treatment by a medical provider. I assume complete and full responsibility to take appropriate action with regards to the test results for me. I agree I will seek medical advice, care, and treatment from a medical provider to the extent such medical advice, care and treatment becomes necessary. I understand that, as with any medical test, there is the potential for false positive or false negative test results to occur.
COVID-19 TRANSPORTATION POLICY: Guests that test positive for COVID-19 are required to leave Calvin Crest’s premises. Calvin Crest urges and strongly recommends that any guests leaving Calvin Crest as the result of a positive COVID-19 test do so in isolation in an effort to reduce the risk of spreading COVID- 19 to other members of the guest’s group or party during the return trip from Calvin Crest to the guest’s residence or medical care facility.
Guests that test positive for COVID-19 should avoid traveling home with large groups, as CDC guidance suggests that prolonged close contact in an enclosed vehicle will increase the risk of infecting other guests with COVID-19.
It is common for groups of individuals to travel to and from Calvin Crest in buses, large vans, carpools, and/or other communal methods of transportation. Traveling in this communal manner with a COVID-19 positive guest is against the advice and recommendations of the CDC and Calvin Crest. Groups that elect to travel communally with a COVID-19 positive guest do so at their own risk and against the policies established by Calvin Crest.
MISCELLANEOUS: If any provision of this document is determined to be invalid for any reason, such invalidity shall not affect the validity of any of the other provisions, which other provisions shall remain in full force and effect as if this document had been executed with the invalid provision eliminated, and such invalid provision may be modified by a judicial tribunal (including an arbitrator) to make such provision enforceable consistent with the parties’ intent in entering into this document. I understand and agree that this document is intended to be as broad and inclusive as permitted under applicable law, and that this document provides the broadest release and waiver of claims as permitted under applicable law.
BY DIGITALLY SIGNING, EACH UNDERSIGNED ADULT PARTICIPANT AND/OR PARENT/GUARDIAN OF THE MINOR PARTICIPANT ATTESTS AS FOLLOWS: I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND HAVE SIGNED IT FREELY AND VOLUNTARILY;
I HAVE LEGAL RESPONSIBILITY OVER THE MINOR PARTICIPANT, AND, IF I AM THE SOLE PARENT/GUARDIAN SIGNING BELOW, MY SIGNATURE IS SUFFICIENT TO ENTER INTO THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK FOR AND ON BEHALF OF THE MINOR; AND I HAVE HAD THE OPPORTUNITY TO REVIEW THIS DOCUMENT WITH LEGAL COUNSEL, IF I WISH, BEFORE SIGNING BELOW.