Please sign your legal first and last name below.
THIS RELEASE OF LIABILITY AND CONSENT TO MEDICAL CARE AGREEMENT (the “Agreement”) INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CLAIMS. PLEASE READ CAREFULLY.
The Navigators, a Colorado nonprofit religious corporation, sponsors and hosts events, programs, and other activities (the “Activities”) to encourage spiritual growth, personal development and group fellowship. Participation in the Activities is a privilege. In consideration for the privilege of participating in the Activities, the undersigned Adult Participant hereby accepts and agrees to all provisions of this Agreement:
1. Activities: The Navigators sponsors and hosts a wide range of Activities on its properties and through its ministry programs. These Activities may include, but are not limited to, classes, meetings, conferences, retreats, training, study groups, volunteer service, concerts and other performances, field trips and travel, meals, lodging, and recreational and outdoor activities, such as camping, team sports, games, horseback riding, swimming and other water sports, hiking/walking, ropes courses, rappelling, rock climbing, winter sports including sledding and tobogganing, and other athletic, recreational or leisure activities requiring physical exertion, as well as transportation in support of such activities. All such activities in which the undersigned Adult Participant engages, including all events, programs and other activities on the property of The Navigators, and all activities sponsored, led, or organized by The Navigators or any of its ministry representatives off Navigators property, whether authorized and subject to supervision by The Navigators or not, are considered “Activities” within the meaning of this Agreement.
2. Assumption of Risk: Although not desiring to discourage participation, The Navigators intends to make each Adult Participant aware that participation in the Activities may expose the Adult Participant to certain risks, including, by way of example, risks arising from accidents and physical injury due to facility or landscape design or conditions; exposure to adverse weather conditions and wildlife, fire, landslides, disease, high altitude, errors in supervision, and defects in facilities, food preparation, equipment, roadways, and trails; and lack of immediate availability of medical care and emergency assistance. Each undersigned Adult Participant agrees that participation in the Activities, and related transportation, involves risk of an accident and serious personal injury and illness, paralysis and permanent disability, and even possibly death, of the Adult Participant. Each Adult Participant understands that the Activities include certain inherent risks. Inherent risks are those that cannot be eliminated without destroying unique characteristics of the Activities. By signing below, each Adult Participant expressly assumes all risks of participating in the Activities, whether such participation is authorized or permitted by The Navigators or not, or is supervised or unsupervised by The Navigators, and whether those risks are inherent or otherwise, now known or unknown, or are predictable or unpredictable.
3. Release of Liability and Indemnification of Claims: In view of the risks described herein and in consideration for the privilege granted to the Adult Participant to participate in the Activities, the undersigned Adult Participant, for such Adult Participant and for such Adult Participant’s heirs, family and estate, executors, administrators, assigns, and personal representatives, hereby releases and agrees to indemnify and hold harmless The Navigators, and its related organizations, and The Navigators’ and its related organizations’ directors, officers, employees, volunteers, contractors, agents, representatives and successors and assigns (the “Released Parties”) of and from, and does discharge and waive, any and all claims, demands, losses, damages, and liabilities made or that can be made against or incurred by The Navigators and the other Released Parties or any of them with respect to any and all property damage, economic loss, medical and other expense, disability, personal injury whether physical or mental in nature, and/or death, whether caused by negligence or otherwise, arising from the Adult Participant’s participation in the Activities, including all claims of the Adult Participant for injury and/or loss. This Release and Indemnification of Claims is intended to have only the scope and effect permitted by applicable law.
4. Consent to Medical Care: In the event that the Adult Participant is injured or becomes ill, and is unable to give consent to medical treatment, the Adult Participant hereby authorizes The Navigators, including its employees, volunteers, agents and representatives, to obtain or consent to, on the Adult Participant’s behalf, medical care and treatment (including, by way of example, first-responders medical treatment; medical transportation; X-Ray examinations; anesthetic, dental, medical or diagnosis and treatment; and hospital care) deemed necessary or advisable by The Navigators. The Adult Participant agrees to fully pay all costs of medical transportation and medical or dental care and treatment incurred on his/her behalf by The Navigators.
5. Miscellaneous: In the event that any provision of this Agreement is determined to be invalid for any reason, such invalidity shall not affect the validity of any of the other provisions, which other provisions shall remain in full force and effect.
6. Governing Law: This Agreement is governed by and construed under the laws of Colorado, without reference to its conflict of laws provisions. This document is intended to be as broad and inclusive as permitted under such law. Any dispute or claim arising out of or relating to this Agreement or claim of breach hereof shall be brought exclusively in Colorado Springs, El Paso County, Colorado.
7. Dispute Resolution: The Parties agree to attempt to resolve any claim or dispute arising out of or related to the Agreement through good faith negotiations taking into consideration Biblical principles of reconciliation and fair dealing. Therefore, the parties agree that any claim or dispute arising from or related to this agreement shall be settled by biblically-based mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation. Judgment upon an arbitration decision shall be entered in Colorado Springs, El Paso County, Colorado. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.
By signing below, the undersigned Adult Participant signifies his or her complete and unreserved agreement with all contents of this Agreement, including but not limited to the Release of Liability and Indemnification of Claims and Consent to Medical Care, and further agrees that such Adult Participant has carefully read this Agreement in its entirety, understands it, and signs it voluntarily, on the Adult Participant’s behalf, and on behalf of each of the Adult Participant’s heirs, family and estate, executors, administrators, assigns and personal representatives. The undersigned Adult Participant attests that he or she is eighteen (18) years of age or older and is fully competent legally and otherwise to enter into this Agreement.