Assumption Of Risk, Waiver of Liability, And Indemnification Agreement 2024-2025
Please Read This Document Carefully. By Signing It, You Are Giving Up Legal Rights.
This Assumption of Risk, Waiver of Liability, and Indemnification Agreement ("Agreement") is entered into on the date noted below by the Adult Participant as identified by signature below. and if any minor(s) is/are named below. the Adult Participant on behalf of and as parent or legal guardian for such Child Participant(s) as identified below in favor of Opportunity Resources Services ("ORS") Collectively and severally. Adult Participant and Child Participant (if any their heirs, successors, and assigns are hereinafter referred to as the "Participant." In consideration of ORS permitting Participant to participate in the Activities, as defined below, Participant agrees as follows:
1. RISK AND ASSUMPTION OF RISK. ORS offers participants the opportunity to participate in programs in the timeframe from June 9 - 20 2025, including field trips, adventures, and classes.
Participant understands that the activities may involve serious risks. Participant acknowledges there are inherent risks and injuries in participating in the activities, including, but not limited to, bodily injuries, physical or mental incapacitation, disability, or death. Even though ORS takes careful precautions to minimize the risk and frequency of accidents during activities by having safety rules and procedures, and even though ORS reminds Participants to decline to participate in any activity which they feel may not be safe for them at the time for whatever reason, it is impossible to eliminate all risk and possibility of injury.
Participant further acknowledges, understands, appreciates, and agrees that participation may result in possible exposure to and illness from infectious diseases, including, but not limited to, MRSA. Influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist.
By signing below, Participant acknowledges the risks of the activities and knowingly and freely assumes all such risks, both known and unknown, even if arising from the negligence of the releases or others, and assumes full responsibility for Participant's voluntary participation and exposure.
2. RELEASE OF LIABILITY IN FULL APPRECIATION OF THE FOREGOING RISKS, AND CONSIDERATION FOR THE RIGHT TO VOLUNTARILY PARTICIPATE IN THE IN ACTIVITIES, PARTICIPANT HEREBY EXPRESSLY RELEASES AND AGREES NOT TO SUE ORS, ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND CONTRACTORS ("PROTECTED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS. DEMANDS. OR CAUSES OF ACTION, INCLUDING NEGLIGENCE CLAIMS, PERSONAL INJURY CLAIMS, AND MENTAL ANGUISH CLAIMS, ARISING OUT OF ANY DAMAGE, LOSS, PERSONAL INJURY, OR DEATH ARISING FROM OR RELATING TO PARTICIPATION IN THE ACTIVITIES. This release includes, but is not limited to, injuries or accidents, which may occur as a result of the: (a) use or misuse of the facility in any way by anyone; (b) instruction or supervision; or (c) slipping, tripping, or falling while in the facility or on the surrounding premises. This release is valid and effective whether the damage, loss, or death is a result of any act or omission on the part of Protected Parties or from any other cause.
3. INDEMNITY PARTICIPANT FURTHER AGREES TO FULLY DEFEND, INDEMNIFY, AND HOLD HARMLESS PROTECTED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION. SUITS. AND LIABILITIES OF EVERY KIND, ARISING OUT OF ANY PARTICIPATION IN ACTIVITIES. SUCH INDEMNITY SHALL APPLY WHETHER THE CLAIMS, DAMAGES, LOSSES, CAUSES OF ACTION, SUITS, OR LIABILITY ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OR FAULT OF PROTECTED PARTIES.
I have read, understand and fully agree to the terms of this Agreement. I understand and confirm that by accepting this Waiver and Release, said child and I have given up considerable future legal rights. I have accepted this Agreement freely, voluntarily, and under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. By signing below, I am executing a complete and unconditional waiver and release of all liability to the full extent of the law. I understand that ORS is a Texas nonprofit corporation. I expressly agree that the foregoing Release Waiver is intended to be as broad and inclusive as is permitted by the law of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.