Please read this entire Acknowledgment and Assumption of Risks, Activities Permission and Release and Indemnity Agreement (hereafter, “Document”) carefully before signing.
1. Introduction. This Document must be signed by the minor participant’s parent/s or legal guardian/s or someone authorized to act on behalf of the minor participant (hereafter collectively “parent/s”, “guardian/s”, or sometimes “I”; minors are those under 18 yrs. of age, hereafter sometimes “participant”, “minor” or “child”). In consideration of the services of Ozark Interests, Inc., doing business as Camp Ozark (also referred to in this Document as “Camp Ozark”) in allowing the participant to participate in Camp Ozark activities and the Camp Ozark Event, I acknowledge and agree as follows:
This Document is effective in regard to participant’s enrollment or participation in the Camp Ozark Event held in Houston on April 10th, 2022 (Ready, Set, Camp).
By signing this Document, the parent/s and/or guardian/s represent that s/he has full authority as Parent or Legal Guardian to bind the minor participant to this Document and the releases in it.
2. Acknowledgement and Assumption of Risks. Participating (whether simply attending, observing or actively participating) in any Camp Ozark educational, instructional, adventure and/or recreational activities, including all activities at this Event, includes known and unknown risks. Activities at the Event, take place both indoors and outdoors, and may include but are not limited to athletic sports and games, general play time, socializing . Activities (which may be provided or led by Camp Ozark staff, volunteers, contractors or others) may be scheduled or unscheduled, supervised or unsupervised, and include activities undertaken during participant’s free and/or independent time. I acknowledge that there are inherent and other risks, hazards and dangers (collectively referred to in this Document as “risks”) associated with these activities and they can cause injury (including but not limited to cuts, bruises, more serious physical injuries, mental or emotional trauma, paralysis, sickness, illness, or other disability), damage, death or other loss to myself, the participant, to property or to third parties. I understand that such risks cannot be eliminated and that all of the activities are done at my own risk and my participation is voluntary in spite of the risks.
3. Activities Permission. I give permission for the participant to participate in all activities, including but not limited to those identified above, and agree to discuss the nature of these activities and risks with the participant.
I (participant and/or guardian/s of a minor participant) further acknowledge and agree:
a. Camp Ozark representatives are available should I have further questions about these activities or the associated risks;
b. participant is fully capable of participating without causing harm to him/herself or others;
c. information provided regarding potential risks is not complete, other unknown or unanticipated activities, risks and outcomes may exist, and Camp Ozark cannot assure participant's safety or eliminate risks;
d. Camp Ozark may contract with independent contractors (not its employees or agents) to provide or conduct some services and activities participants may engage in. Camp Ozark does not supervise or control these contractors and is not legally liable or responsible for their conduct. In addition, activities take place at facilities or on premises not owned or controlled by Camp Ozark. Camp Ozark does not oversee, supervise, or take responsibility for any aspect or condition of these independent activities, facilities or premises;
e. Participant is voluntarily participating. Therefore, participant (and guardian/s of a minor) assumes and accepts full responsibility for the inherent and other risks (known and unknown) of these activities, and for any injury, damage, death or other loss suffered by participant (and parent/s) resulting from those risks, including the risk of participant’s own negligence or other misconduct.
4.RELEASE & INDEMNITY. Please read carefully. This Release and Indemnity Agreement contains a surrender of certain legal rights. I (guardian/s), for myself and for and on behalf of the participant, agree as follows:
a. to release and agree not to sue Ozark Interests, Inc., and its respective owners, partners, officers, directors, employees, agents, representatives, volunteers and all related or affiliated individuals or entities (hereafter individually and collectively “Released Parties”) with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (hereafter “claim” or “claim/s”), for any injury, damage, illness, death or other loss in any way connected with my/participant’s enrollment or participation in these activities and/or this Event, including use of any equipment, facilities or premises. I understand I agree here to waive all claim/s I or the participant may have against the Released Parties, bind my/the participant’s estate and any family member/heir/other party bringing claim/s, and agree that neither I, the participant, nor anyone acting on my or the participant’s behalf, will make a claim against the Released Parties as a result of any injury, damage, death or other loss suffered by me or the participant;
b. to defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s:
i. brought by or on behalf of me, the participant, my spouse or my/my child’s other family member/s, heir/s or estate for any injury, damage, death or other loss in any way connected with the participant’s enrollment or participation in the activities, including use of any equipment, facilities or premises; and/or
ii. brought by a co-participant or any third party for any injury, damage, death or other loss to the extent caused by the participant’s conduct in the course of participating in the activities, including use of any equipment, facilities or premises.
c. This Release and Indemnity Agreement includes claim/s of or resulting from the Released Parties’ negligence, and includes claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim.
5. Other Provisions.
a. I (participant and/or guardians of a minor participant) agree that Texas substantive law (without regard to its "conflict of laws" rules) governs this Document, any dispute I or the participant have with the Released Parties and all other aspects of my or my child’s relationship with the Released Parties, contractual or otherwise, and agree that any mediation, suit or other proceeding must be filed or entered into only in Texas. I agree to attempt to settle any dispute through mediation before a mutually acceptable Texas mediator. Camp Ozark reserves the right to dismiss any participant that staff believe, in their discretion, presents a safety, behavioral or other concern.
b. I authorize Camp Ozark staff, volunteers or other medical personnel to obtain or provide medical care for myself or the participant, to transport participant to a medical facility, and to provide treatment they consider necessary for participant’s health. I agree to pay all costs associated with that care and transportation.
c. I certify that I have adequate insurance to cover any injury or damage that I or the participant under my care may cause or suffer while at the Event, or alternatively, I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that I or the participants under my care may have.
d. Media Authorization: I authorize Camp Ozark, or parties it designates, the right and permission to photograph, film, record and/or otherwise capture in any media my or the participant’s name, image, voice, written statement, photograph and/or visual likeness (collectively “recordings”) during the activities and to have and to use those in any media throughout the world, in perpetuity, including for sale, reproduction or display on the internet or in publications, brochures, CDS, DVDS, motion pictures or in other form for any informational, educational, promotional or other purpose, without compensation to me or the participant. I agree that Camp Ozark shall own, have, and use all ownership and copyright rights in the recordings.
e. This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Document is deemed unlawful or unenforceable, it shall not affect the enforceability of other provisions, and the remaining provisions shall continue in full force and effect.
Participant and/or guardian/s of a participant agree: I have carefully read, understand and voluntarily sign this Document and acknowledge that it shall be effective and legally binding upon me, my spouse, participating minor child and other children, and parent/s/participant’s other family members, heirs, executors, representatives, subrogors, assigns and estate.