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 Person understands and agrees that his/her participation or 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: The Navigators intends to make each Undersigned Person aware that participation in the Activities may expose the Undersigned Person 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. The Undersigned Person understands that the Activities, and related transportation, include certain inherent risks. Inherent risks are those that cannot be eliminated without destroying unique characteristics of the Activities such as risk of an accident and serious personal injury and/or illness, paralysis and/or permanent disability, and even possibly death, of the Participant. By signing below, the Undersigned Person expressly assumes all risks to the Undersigned Person of participating in the Activities, whether such participation is authorized or permitted by The Navigators, or is supervised by The Navigators, and whether those risks are inherent or otherwise, now known or unknown, or are predictable or unpredictable.
By initialing this box, the Undersigned Person attending a Navigators-sponsored event acknowledges and agrees that the Undersigned Person may be exposed to a communicable disease while attending a Navigators-sponsored event. The Navigators has taken all the necessary, precautionary measures possible, in accordance with governmental agencies and the Center for Disease Control (CDC), but the risk of a communicable disease (including, but not limited to COVID-19) cannot be fully mitigated. The Undersigned Person understands this risk, agrees that such risks cannot be eliminated and expressly assumes all associated risks which remain.
The Undersigned Person acknowledges that despite diligent hygiene measures and compliance with the law, The Navigators cannot guarantee that infectious transmission of communicable diseases will not occur. Therefore, The Undersigned Person voluntarily assumes all risks, hazards and dangers incident to the Event and related events, including the risk of personal injury (including death), the risk of exposure to communicable diseases, viruses, bacteria or illnesses, including but not limited to COVID-19, or the causes therefore, sickness, or lost, stolen or damaged property, whether occurring before, during, or after the Event, however caused; and hereby waives all claims and potential claims relating to such risks, hazards and dangers to the fullest extent of the law.
3. Release of Liability and Indemnification of Claims: In consideration of the privilege granted to the Undersigned Person to participate in the Program and Activities, the Undersigned Person, and the Undersigned Person’s heirs, family and estate, executors, administrators, assigns, and personal representatives, hereby releases and agrees to indemnify and hold harmless the Organization, and the Organization and its related affiliates, directors, officers, employees, volunteers, contractors, agents, representatives and successors and assigns (the “Released Parties”) of and from, and do discharge and waive, any and all claims, demands, losses, damages, and liabilities made against or incurred by the 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 Undersigned Person’s participation in the Program and Activities, including all claims of the Undersigned Person.
4. Medical Consent: In the event that the Undersigned Persons are injured or become ill, and the Undersigned Person is unable to give consent to medical care, or cannot be reached to give consent for himself/herself, hereby authorize The Navigators, and its employees, volunteers, agents and representatives (collectively, the “Organization”), to obtain or consent to, on his/her behalf, medical care (including, by way of example, first-responders medical treatment; X-Ray examinations; anesthetic, dental, medical or diagnosis and treatment; and hospital care) deemed necessary or advisable by the Organization. In addition, any medical provider is authorized to surrender physical custody of the Undersigned Person to the Organization. The Undersigned Person agrees to fully pay all costs of medical or dental care incurred on his/her behalf by the Organization.
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 Conflicts 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 Person 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 the Undersigned Person has carefully read this Agreement in its entirety, understands it, and signs it voluntarily, on the Undersigned Person’s behalf, and on behalf of each of the Undersigned Person’s heirs, family and estate, executors, administrators, assigns and personal representatives. The Undersigned Person 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.