Waiver
In consideration of my participation in a Stillwater Point Church retreat and associated events and activities (collectively referred to as “Retreat”) and the ministry services of Stillwater Pointe Church, Inc., its agents, owners, officers, volunteers, participants, employees, sponsors, and all other persons or entities acting in any capacity on its behalf, as well as its successor and assigns (collectively referred to as “SPC”), I, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate (collectively referred to as “Participant”), hereby agree to release and discharge SPC as follows:
1. Waiver of Liability and Release. Participant does hereby release and forever discharge SPC from any and all liability, claims, and causes in action, which arise or may hereafter arise or are in any way connected to Participant’s involvement in a Retreat. Participant understands that this Agreement discharges SPC from any liability or claim that the Participant may have against SPC with respect to any bodily injury, personal injury, illness, death, or property damage or loss that may result from Participant’s involvement in a Retreat, whether caused by the negligence of SPC, or otherwise. Participant also understands that SPC does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness. Participant understands and acknowledges that the Activities in which Participant will voluntarily engage in at a Retreat bear certain known inherent Risks that contribute to the unique character of these Activities, and that SPC cannot eliminate, alter, or control these inherent risks. These Risks include but are not limited to those inherent in and around the lake, kayak and boating activities, use of hot tub spa, and all other recreational activities on the property.
2. Indemnification and Hold Harmless. Participant hereby agrees to indemnify and hold harmless SPC from any liability, claims, and causes in action, which are in any way connected to Participant’s involvement in a Retreat, or use of SPC facilities or equipment, including any such claims which allege negligent acts or omissions of SPC.
3. Medical Care. Participant does hereby release and forever discharge SPC from any liability, claims, and causes in action that arise or may hereafter arise on account of any first aid, treatment, or service rendered or not rendered in connection with the Participant’s involvement in a Retreat.
4. Certification and Assumption of Risk. Participant hereby certifies that he/she is physically fit for participation in the Retreat and has not been advised otherwise by a qualified medical person. Participant agrees that SPC is not qualified to evaluate Participant or Participant’s fitness for involvement in the Retreat. Participant must determine if he or she is sufficiently fit to participate. Participant hereby expressly and specifically assumes the risk of injury or harm in the Participant’s involvement in the Retreat, including, but not limited to all Risks. Participant agrees that his/her involvement in the Retreat is purely voluntary, and Participant elects to participate in the Retreat in spite of the Risks.
5. Definitions. “Activities” include, but are not limited to the following activities which may be provided and/or sponsored by SPC: boating, kayaking, fishing, swimming, hiking, excursions, transportation in SPC or other vehicles, training, classes, instruction, traveling to and from the Retreat, and all other activities associated with the Retreat. “Risks” include, but are not limited to those known risks inherent to the Activities specifically listed below, vehicular travel and traffic, road and trail conditions, known and unknown health conditions, allergies, sudden weather changes, rain, snow, wind, hail, lightening, motion sickness, dehydration, heat stroke, snake bite, bee and other insect stings and/or bites, wild and domestic animals, inaccessibility to immediate medical attention, falling trees, equipment failure, driver error, rider error, Participant error, food provided, facilities, actions of other people, and acts of God.
6. Personal Property. Participant acknowledges and agrees that he/she is responsible for all personal property during the Retreat and that SPC is not responsible in any way for such property whether it is lost, stolen or damaged.
7. Photographic Release. Participant does hereby grant and convey unto SPC all right, title and interest in any and all photographic images, video or audio recordings made by SPC during the Retreat. Participant authorizes SPC to use such images, words, and likenesses for marketing, on websites, in brochures or other writings and any for any other legitimate purpose.
8. Interpretation and Governing Law. This document shall be construed broadly to provide a release and waiver to the maximum extent permitted under Indiana law. If any portion of this document shall be held as invalid it is agreed that the balance shall continue to be in full force and effect. This document shall be governed by the laws of the State of Indiana. Venue for any legal action shall be in the state or federal courts of Hamilton County or Indiana as applicable.