Please read this document carefully. It affects the legal rights of the Student/Participant and the Student/Participant’s parents and/or legal guardians, as applicable, (the “Parents”) related to the Student/Participant’s participation in the Event described in the attached Event Description – Schedule 1 (“Event”). Participation in the Event is voluntary.
A Student/Participant who is 18 years of age or older who signs this Agreement represents that they have received the opportunity (and been strongly encouraged) to review this Agreement (and the applicable incorporated Forms) with an attorney, have carefully read and fully understand the contents of this Agreement (including the applicable incorporated Forms), that they understand the activities and risks of the Event, whether or not described on Schedule 1, and choose to participate in the Event, understand that they are legally bound by this Agreement, and that they are giving up substantive legal rights.
Regardless of the Student/Participant’s age, all of the participating Student/Participant’s living parents and/or legal guardians, as applicable, are required to sign this Agreement, unless the School has granted a specific written exception due to unusual circumstances, and we represent that we have done so.
In consideration of the Student/Participant being allowed to participate in the Event, and understanding that The Woodlands Christian Academy (the “School”) is a Texas non-profit educational institution, we, the Student/Participant and the Parents, acknowledge and agree as follows:
Risks and Acknowledgments
By signing this Agreement, we acknowledge and agree that (1) we have read and understand Schedule 1; (2) we are aware of and understand fully the risks to the Student/Participant personally and to the Student/Participant’s property, which may result in serious or permanent bodily injury or death, and we understand that the risks to the Student/Participant can be a consequence not only of the Student/Participant’s acts or omissions but also of the actions or negligence of the School (including its staff, employees, coaches, volunteers, chaperones, agents, representatives or any other of the Released Parties as defined below), other participating students or adults, independent contractors or third parties, or travel conditions, transportation, or equipment; (3) we are responsible for requesting any additional information we need to determine whether the Student/Participant will participate in the Event, and for determining the Student/Participant’s suitability for participation in the Event; and (4) the School’s staff has been available to answer questions about the nature and demands of the Event and its inherent and other risks.
The Student/Participant and their Parents, on behalf of their minor child and for themselves, agree that any activities the Student/Participant may take part in, whether as a component of the Event or separate from it, will be considered to have been undertaken with the Student/Participant’s and their Parents’ approval and understanding of any and all risks involved. Each of the Releasors (as defined below) assume full, sole, and complete responsibility for ALL RISKS, inherent and otherwise, known and unknown, whether or not described in Schedule 1, including without limitation, risks of, death, personal or bodily injury, disability and/or property damage resulting from, in connection with, or in any way related to, Student/Participant’s participation in the Event.
If the Student/Participant is a minor, we acknowledge that we have read and discussed with each other this Agreement and the Event, including, without limitation, the inherent risks of the Event, and the Student/Participant understands the activities and risks and, with the consent of his/her Parents, voluntarily chooses to participate.
Waiver and Release from Liability/Indemnity:
We, the Student/Participant and Parents of the Student/Participant, jointly and severally, and intending to legally bind ourselves (Parents and Student/Participant) and all of our respective guardians, heirs, executors, personal and legal representatives, estates, beneficiaries, administrators, successors and assigns (all of the foregoing, collectively the “Releasors”), do hereby waive, release and discharge, and promise not to sue, the School, and its officers, directors, trustees, shareholders, owners, managers, partners, employees, staff, coaches, volunteers, chaperones, and supervisors and their successors and assigns (collectively the “Released Parties”) from any and all liability and/or claims, suits, damages, injury, disability, death, costs and expenses, whether arising before, during or after the Event, whether described in Schedule 1 or not, and whether caused by the sole or joint negligence, gross negligence, or tortious act or omission, including, without limitation, any action and/or inaction with regard to protection against COVID-19 virus, of the Released Parties, or any of them, or any third party (collectively the “Claims”). This Waiver and Release does not apply to the willful misconduct of the Released Parties. The Releasors hereby knowingly and voluntarily waive, to the fullest extent permitted by law, the benefits of any statute, law, rule, or common law which may limit the scope of this Waiver and Release.
We also agree to indemnify, defend and hold harmless the Released Parties from any and all claims, liabilities and costs asserted by or on behalf of us or any of our legal representatives, heirs, successors and assigns within the scope of the release above. We agree to be financially responsible for any and all damages, costs or fees for which the School may be liable as a result of the conduct of Student/Participant.
If any part of this Waiver and Release, or if the whole Waiver and Release is found to be invalid, unenforceable, or void, for any reason, then the Releasors acknowledge and agree that the Released Parties’ entire liability to the Releasors or any other person shall never, under any circumstances, be more than any applicable insurance limits, even if one or more of the Released Parties was negligent or grossly negligent. The Releasors acknowledge that none of the Released Parties shall ever be liable to any person for special, incidental, consequential, or punitive damages or for any indirect damages such as, but not limited to, exemplary damages or lost earnings, lost revenues or loss of consortium, or companionship (even if the Released Parties have been advised of the possibility of such damages) whether based upon statute, contract, tort, negligence, strict liability, or otherwise.
This Waiver and Release does not release, is not intended to release, and does not in any way apply or relate to the release and/or discharge of any claims Releasors may have against any person and/or party other than the Released Parties.
Conduct and Adherence to Standards:
The Student/Participant is subject to the School’s rules and/or policies as set forth in School’s Parent/Student Handbook, as well as to the rules and policies of any company, or organization that may be involved in the Event. We agree that the Student/Participant is expected to abide by direction from faculty, administrators, coaches, volunteers or chaperones during such Event. We also understand and acknowledge that Student/Participant understands that Student/Participant must not engage in any inappropriate behaviors, violate safety guidelines, use inappropriate language, or otherwise engage in any behaviors that create even the appearance or impression of impropriety while participating in the Event. Consumption of alcohol is not permitted even if it is lawful for the Student/Participant to do so in the country or countries in which the Student/Participant is traveling. No alcohol, drugs, or tobacco are allowed at any time. The possession or use of weapons is strictly prohibited. Students/Participants may not operate motorized vehicles of any type. Additionally, Students/Participants may not participate in sexual activity at any time. A Student/Participant who violates the rules and policies or fails to comply with the instructions and guidance of the organized leader of the event (the “Event Leader”) will be subject to School disciplinary action up to and including termination of participation in the Event and/or expulsion from the School.
In addition, the Student/Participant will be subject to the laws of the state or country in which the Student/Participant is traveling; in many foreign countries, the possession or use of illegal drugs is punishable by fine, imprisonment, and/or deportation.
We authorize the School, at its discretion and our expense, to obtain medical service, surgical care, or treatment for Student/Participant in the event of an emergency. This authorization is given with the understanding that the School will attempt to notify the Student/Participant’s Guardian or Emergency Contact in the event of an emergency. We authorize the School to collect a brief medical history for Student/Participant where necessary in anticipation of the Event and in an effort to aid such emergency care. We confirm that it is our desire that the Student/Participant be furnished with such medical care, surgical care, or treatment services as soon as reasonably possible after the need arises. We hereby realize and hold the School harmless from any liability which might arise form the giving of such consent. We agree to reimburse the school for any medical expenditure made on the Student/Participant’s behalf.
Consent to On-Site Medical Care:
We hereby authorize the School to supply medical care as needed for the Student/Participant. This will include the administration of emergency medications and those prescribed by a licensed practitioner for the Student/Participant. We authorize the School to perform appropriate minor medical care, as determined by those School employees supervising the Event. We hereby release and hold the School harmless from any liability which might arise from the provision of such medical care.
We further understand and acknowledge that we have an obligation to monitor Students/Participants for symptoms of illness and to not permit Student/Participant to attend the Event if they are experiencing any symptoms of illness, including without limitation, those associated with COVID-19, such as fever, sore throat, shortness of breath, chills, muscle pain, new loss of taste or smell, gastrointestinal symptoms and cough. In addition, if Student/Participant is experiencing any symptoms of illness once at the Event, the School may require that the Parents either pick up or make arrangements for Students/Participants return home (at the Parents’ sole cost and expense), and the School will not provide any refund.
Student’s Suitability to Participate in the Event:
We represent that (i) we have provided complete and accurate medical information to the School on Attachment Form C, the Health Information Form; (ii) Student/Participant has no medical condition (physical or mental) which would or could impact on the Released Parties allowing Student/Participant to participate in the Event and that the Student/Participant is physically able to participate in the Event, able to respond quickly to emergencies or other situations requiring a quick response, and does not present a risk or danger to themselves or to others; and (iii) Student/Participant is not taking any herbal or medicinal supplement or prescription that could impact Student/Participant’s participation.
Event Modification and Cancellation:
The School reserves the right to cancel or modify the Event in its discretion before or during its operation for any reason.
Termination of Participation:
The School may terminate Student/Participant’s participation in the Event as a result of Student/Participant’s conduct or other behavior which is inconsistent with the School’s rules and policies, including as stated in School’s Parent/Student Handbook, or the rules and policies of any company or organization involved in the Event. Student/Participant must abide by all rules, regulations, and laws of the country or countries visited if traveling. If the School terminates the Student/Participant’s involvement due to the Student/Participant’s detrimental behavior, the School will require that the Parents either pick up or make arrangements for Student/Participant’s return home (at the Parents’ sole cost and expense), and the School will not provide any refund.
Governing Law; Forum and Venue:
This Agreement shall be construed in accordance with, and governed by, the laws of the Commonwealth of Texas notwithstanding its choice of law principles. We agree that any lawsuit arising out of or related to this Agreement or the Event or activities that are the subject of this Agreement must be brought and maintained only in the state and federal courts of Montgomery County, Texas and we consent to jurisdiction in such court.
If any provision of this Agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provisions or applications. The provisions of this Agreement are deemed severable.
Construction and Scope of Agreement:
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against us or the School. This Agreement, which includes Schedule 1, is the entire and complete agreement between us and the School relating in any way to the subject matter hereof. This Agreement supersedes any earlier written or oral understandings or agreements between us and the School.
The Student/Participant and the Parents by signing below acknowledge that they (1) have carefully read this Participation Assumption of Risks and Waiver and Release from Liability, including without limitation, the attached Schedule 1 and the applicable related Forms, and fully understand their terms; (2) have received the opportunity (and been strongly) encouraged to review this Agreement with an attorney; (3) understand that by signing this Agreement the Student/Participant is, and the Parents are, on behalf of their minor child and for themselves, giving up substantial legal rights, as well as the rights of all other Releasors; (4) recognize that although the School has made a good faith effort to identify the risks as outlined in Schedule 1, it is impossible for the School to anticipate all risks associated with the Event and are aware that the description of risks associated with the Event is not complete and that other unknown or unanticipated risks may arise; (5) have asked and received answers to all questions he/she/they may have; (6) have not been induced to sign this Agreement by any promise or representation and sign it voluntarily and of their own free will intending and agreeing to be fully bound by the terms hereof; (7) acknowledge that due to the nature of COVID-19 and its prevalence, the School cannot guarantee that Student/Participant will not become exposed to or infected with COVID-19 and that participation in the Event could increase our risk, Student/Participant’s risk, and our households’ risk contracting COVID-19; (8) understand and acknowledge the Student/Participant’s participation in the Event is purely voluntary and that they may choose to NOT allow Student/Participant to participate in the Event in their sole discretion.