Release and Consent
The individual named above (the “Participant”), desires to participate in the following events and/or activities organized and/or hosted by Apex Baptist Church, Inc., a North Carolina non-profit corporation (the “Church”): ____________ Rainforest Falls Kids’ Camp 2026____________________ (the “Activities”). As lawful consideration for being permitted by the Church to participate in the Activities, the Participant hereby agrees to all the terms and conditions set forth in this agreement (this “Agreement”).
1. IHAVE FULLY INFORMED MYSELF OF ALL OF THE DETAILS CONCERNING THE ACTIVITIES AND REPRESENT AND WARRANT TO THE CHURCH THAT I HAVE THE NECESSARY ABILITIES, SKILLS, AND KNOWLEDGE TO PARTICIPATE IN THE ACTIVITIES. I AM AWARE AND UNDERSTAND THAT THE ACTIVTIES MAY INCLUDE DANGEROUS ACTIVITIES AND INVOLVE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE CHURCH. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE CHURCH, OTHER CHURCH MEMBERS, VOLUNTEERS OR PARTICIPANTS, RELATED PARTIES OR OTHERWISE.
2. Without limiting the foregoing, I am aware and understand that the 2019 novel coronavirus disease (COVID-19) (the “Disease”), has been declared a worldwide pandemic by the World Health Organization and is reported to be extremely contagious. The Disease can cause serious and potentially life-threatening illness, and even death. The Participant is aware of the highly contagious nature of the Disease, and the risk that the Participant and/or the Participant’s family members may be exposed to or contract the Disease or another disease or illness (each, an “Illness”), by participating in the Activities. The Participant understands and acknowledges that such exposure or infection from the Disease or other Illness may result in serious illness, personal injury, permanent disability, death or property damage. The Participant acknowledges that this risk may result from or be compounded by the actions, omissions, or negligence of others, including the Church or its affiliates, or their respective representatives, officers, directors, members, deacons, elders, staff, supervisors, employees, consultants, advisors, volunteers or agents, or any persons acting by, through, under or in concert with any of them (collectively, “Church Representatives”). The Participant understands that while the Church may have implemented preventative measures to reduce the spread of the Disease and other Illnesses, the Church cannot guarantee that the Participant and/or the Participant’s family members will not become infected with the Disease or any other Illness while participating in the Activities, and that participating in the Activities may increase the Participant’s and the Participant’s family members’ risk of contracting the Disease or another Illness. NOTWITHSTANDING THE RISKS ASSOCIATED WITH THE DISEASE AND OTHER ILLNESSES, THE PARTICIPANT ACKNOWLEDGES THAT THE PARTICIPANT AND THE PARTICIPANT’S FAMILY MEMBERS ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED. THE PARTICIPANT (ON BEHALF OF THE PARTICIPANT AND THE PARTICPANT’S FAMILY MEMBERS) HEREBY AGREES TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATED TO THE DISEASE OR ANY OTHER ILLNESS, ARISING FROM THE PARTICIPANT’S AND/OR THE PARTICIPANT’S FAMILY MEMBERS’ PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE CHURCH OR A CHURCH REPRESENTATIVE, OR OTHERWISE.
3. The Participant (on behalf of the Participant and the Participant’s family members) hereby expressly waives and knowingly and voluntarily releases, acquits, remises and forever discharges the Church and the Church Representatives, and their respective affiliates, successors and assigns (collectively, “Releasees”), from any and all past, present or future claims, charges, complaints, grievances, damages, obligations, costs, loss of income, attorneys’ fees, demands, actions, causes of action for injuries, expenses, pain and suffering, property damages, or causes of action of any kind whatsoever, at law or equity, contingent or otherwise, matured or unmatured, known or unknown, foreseeable or unforeseeable, actual or potential, that the Participant or any of the Participant’s family members may have, or claim to have, now or hereafter arising or existing, against the Church or any of the Releasees, on account of injury, illness, disability, death or property damage arising out of or attributable to the Participant’s or the Participant’s family members’ participation in the Activities, including, without limitation, being exposed to or contracting the Disease or any other Illness, whether arising out of the negligence of the Church or any of the other Releasees or otherwise. The Participant (on behalf of the Participant and the Participant’s family members) covenants not to make or bring any such claim against the Church or any other Releasee, and forever releases and discharges the Church and all other Releasees from liability under such claims.The Participant (on behalf of the Participant and the Participant’s family members) also agrees to indemnify each of the Releasees from and against all costs, expenses, damages, and liabilities, including reasonable attorneys’ fees, arising from any and all injuries that may be suffered or alleged to be suffered by the Participant or any of the Participant’s family members related to participation in Activities.
4. The Participant and the Participant’s family members will comply with all instructions, orders, directives and guidelines of the Church while participating in the Activities, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings. The Participant also agrees that neither the Participant nor any of the Participant’s family members will participate in the Activities if the Participant or any of the Participant’s family members is experiencing symptoms of the Disease or another Illness (such as cough, fever, fatigue, aches, loss of taste or smell, sore throat, shortness of breath, vomiting or diarrhea), has a confirmed or suspected case of the Disease or another Illness, or has come in contact in the last 14 days with a person who has been confirmed or suspected of having the Disease (or any other Illness).
5. The Participant hereby consents to receive medical treatment deemed necessary if the Participant is injured or requires medical attention during the Participant’s participation in the Activities. The Participant understands and agrees that the Participant is solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. The Participant hereby releases, forever discharges and holds harmless the Releasees from any claim based on such treatment or other medical services. In the event that the Church or any Church Representative pays for any such services, the Participant (on behalf of the Participant and the Participant’s family members), hereby irrevocably assigns to the Church or such Church Representative all right, title and interest in and to corresponding compensation, reimbursement or payment received or to be received by the Participant or any of the Participant’s family members from any insurance company or other third party.
6. I understand while participating in the Activities, I may be photographed or videoed. I agree to allow my photo, video or film likeness to be used for any legitimate purpose by the Church, the activity holders, producers, sponsors, organizers and assigns.
7. The Participantshall defend, indemnify, and hold harmless the Church and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by or awarded against the Church or any other Releasees, arising out or resulting from any claim of a third party related to the Participant and/or the Participant’s family members participating in the Activities, including, without limitation, any such claim related to the Disease or any other Illness.
8. The Participant acknowledges that this Agreement is binding and has been freely and voluntarily entered into without any inducement, assurance or guarantee. Further, it is the Participant’s intent that this instrument act as a complete and unconditional release of all liability to the greatest extent allowed by law. The Participant (on behalf of the Participant and the Participant’s family members) fully understands that the Participant is hereby assuming all risks and waiving any legal claim the Participant or any of the Participant’s family members may have against any Releasee associated with the Activities, and that all Releasees are hereby released from all liability, known or unknown, related to or arising out of the Participant’s participation in the Activities. The Participant (on behalf of the Participant and the Participant’s family members) further agrees that any of the Releasees may plead this Agreement as a complete bar in defense of any action brought against any of the Releasees by the Participant or any of the Participant’s family members. It is expressly agreed, intended and understood by the Participant (on behalf of the Participant and the Participant’s family members) that this Agreement is to be a complete accord and satisfaction of any and all claims the Participant or any of the Participant’s family members may have against any of the Releasees arising out of or related to, whether directory or indirectly, the Activities.
This Agreement constitutes the sole and entire agreement between the Church and the Participant with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Church and the Participant and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction). Signatures and affirmation via electronic registration, click through terms and conditions, DocuSign (or other similar program), etc. shall be fully enforceable and deemed binding upon the Participant.
I am the parent or legal guardian of the above-named Participant and am signing this Agreement on behalf of the Participant, who is a minor child. I have read this Agreement, am familiar with its terms and legal consequences, and fully understand that by my signature below I have given up substantial rights. I acknowledge that this Agreement is binding, and it has been freely and voluntarily entered into by me without any inducement, assurance or guarantee. Further, it is my intent that this instrument act as a complete and unconditional release of all liability to the greatest extent allowed by law, and I agree to hold harmless and indemnify the Church and each of the Releasees from all liability for any and all costs, expenses, fees, losses and damages incurred by the Participant arising out of participation in the Activities.
