This Release and Indemnity Agreement ("Release") must be signed by each adult participant and on behalf of each minor child/student who will be attending, working, volunteering, participating, chaperoning, or otherwise involved with Camp High Rocks as part of my participation with the Family Camp Program. Failure to complete, sign, and return this Release will prohibit you or your child from attending the Family Camp Program.
Please read this Release carefully. This is a contract and your signature below indicates that you have read and understand every provision of this Release and that you unequivocally agree to all terms, conditions, and promises herein.
As used herein, the following terms are defined as follows:
1) “I”, “Me”, “My” or “the Participant” means the undersigned or, if signing on behalf of a Minor Participant, the above named Minor Participant.
2) The “Property” means the camp property owned by Camp High Rocks and all of its aspects, including, but not limited to, its location, condition, features, facilities, and structures, and equipment located at or used by Camp High Rocks.
As consideration for allowing the Participant to attend and participate at the Property in the Family Camp Program, I agree and promise as follows:
RISK OF INJURY AND ASSUMPTION OF RISKS
I acknowledge that I am fully aware of all aspects of the Property, Camp High Rocks, and all of its activities. I have been given ample opportunity to ask any questions which I may have about the Property, the Program, and the environments to which I may be exposed. I understand that even with appropriate preparation, outdoor activities involve risks, including those that are inherent to the nature of the Family Camp Program. I understand that due to the nature of the Family Camp Program, there are inherent risks of injuries, including death, arising from and in connection with My attending and participating in the Family Camp Program.
I understand, accept, and assume the dangers and risks which are inherent in the operation and activities of the Family Camp Program. I know and understand that outdoor activities cannot be 100 percent safe. I understand that even with appropriate preparation, outdoor activities involve risks, including those that are inherent to the nature of the program. I understand that due to the nature of the activity, there remain risks that can result in loss or damage to property and/or loss or damage to the Participant, including injury, illness, disability, emotional and/or psychological trauma, and death. Some of these activities include, but are not limited to: swimming, hiking, backpacking, athletics, including bodily contact, use of tools and equipment in manual arts and crafts, work projects and other programs, tubing, creek hiking, biking, sailing, rock climbing, rappelling, high ropes course, initiatives course, canoeing, kayaking, fishing, orienteering, horseback riding, camping out, outdoor living skills, and vehicular travel. Participation in these activities is not a requirement. I have freely chosen to participate. I hereby assume the risks associated with these activities.
I also understand, accept and assume the risks inherent from environmental exposures, which include weather conditions, which can change to extreme conditions without notice, lightning, earthquakes, forest fires, landslides, flooding, steep slopes, water conditions, insects, snakes, bears or other animal encounters, falling and rolling rock, ice and timber, and hidden or unavoidable obstacles. These risks also include, but are not limited to, sunburn, hypothermia, frostbite, dehydration, heatstroke, altitude sickness, poison oak/ivy, insect and spider bites and/or stings.
We have taken reasonable additional measures in an effort to reduce exposure to COVID-19 for all of Camp High Rocks community. COVID-19 is an extremely contagious disease that can lead to severe illness and death. An inherent risk* of exposure to COVID-19 exists in any place where people are present. While any person is at risk of potential exposure, senior citizens and guests with underlying medical conditions are especially vulnerable according to the Centers for Disease Control and Prevention.
• By coming to Camp High Rocks, you are voluntarily assuming all risks related to exposure to COVID-19 and any other communicable disease.
*An inherent risk is a risk that cannot be eliminated.
I understand, accept, and assume the risks inherent with the fact that the Property is in a remote location and used primarily as an overnight summer camp for children and, as such, its facilities are primitive. I understand that I will encounter conditions typical of a facility of this type, nature, and location.
I also understand that cell phone service and other forms of communication may be unavailable and prompt medical attention and transport, including transport by ambulance, air, and other emergency means, may be significantly delayed. I am aware of and accept the risks associated with these conditions and circumstances.
I understand, accept, and assume the risks that could arise from the acts, conduct, and mental/emotional state of the Participant and his/her fellow participants that are outside the control of the Family Camp Program. These risks may include, but not be limited to, episodes of panic or other emotional episodes, negligent acts by the Participant or other participants, and failure to follow directions or instructions.
RELEASE OF ALL CLAIMS AND COVENANT NOT TO SUE
I, ON MY OWN BEHALF AND ON BEHALF OF THE MINOR PARTICIPANT, HEREBY RELEASE CAMP HIGH ROCKS, INC. AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, ADMINISTRATORS, AGENTS, EMPLOYEES, STAFF, AND/OR VOLUNTEERS (COLLECTIVELY "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, SUITS, OR DAMAGES ARISING FROM, IN WHOLE OR IN PART, MY PARTICIPATION, ATTENDANCE, WORK, OR INVOLVEMENT WITH CAMP HIGH ROCKS AND THE FAMILY CAMP PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL CLAIMS FOR PERSONAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, AND/OR CLAIMS ARISING FROM RESCUE, EMERGENCY RESPONSE OPERATIONS, AND/OR ANY MEDICAL CARE PROVIDED TO ME WHILE ATTENDING THE SED PROGRAM.
I FURTHER AGREE AND PROMISE, ON MY OWN BEHALF OR ON BEHALF OF THE MINOR PARTICIPANT, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EACH AND ALL OF THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, SUITS, AND/OR ANY OTHER LEGAL DISPUTES THAT MAY BE BROUGHT BY ME OR ON MY BEHALF (INCLUDING ANY CLAIM BY A PARENT OR GUARDIAN OF THE MINOR PARTICIPANT) FOR ANY CLAIMS ARISING OUT OF MY PARTICIPATION, ATTENDANCE, WORK, OR INVOLVMENT WITH OR AT THE FAMILY CAMP PROGRAM OR THE PROPERTY, WHETHER OR NOT SUCH CLAIM ARISES OUT OF THE ALLEGED NEGLIGENCE OF THE RELEASEES OF THE CONDITION OF THE PROPERTY. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT WITH RESPECT TO ANY CLAIMS OR LIABILITY ACCRUING PRIOR TO SUCH TERMINATION.
RIGHT TO REFUSE AND EXPEL
I understand and agree that Camp High Rocks reserves and retains the right, at its sole discretion, to cancel, reject, and/or refuse the participation of the Participant in or during the Family Camp Program and that Camp High Rocks can exercise this right at any time, including expelling the Participant while attending and/or participating in the Family Camp Program. I further understand and agree that in the event Camp High Rocks exercises this right, it may, at its sole discretion, retain or refund any and all deposits, fees, tuition, or other moneys paid for the Participant to attend the Family Camp Program.
PHOTOGRAPHIC AND VIDEO RELEASE
I hereby authorize Camp High Rocks and its staff to take photographs or videos that may include the Participant and to use the same for websites, brochures, newsletters, or in any other Camp High Rocks publications or promotions.
AUTHORIZATION FOR MEDICAL TREATMENT
I hereby give permission for Camp High Rocks to provide, seek, and consent to routine health care, administration of prescribed medications, and emergency treatment for the Participant, as may be necessary, including, but not limited to, x-rays, routine tests, emergency transportation, and treatment, and/or hospitalization. I also give permission to and authorize Camp High Rocks to arrange and/or provide related transportation for the Participant. I agree to the release of any and all records necessary for treatment, referral, billing, or insurance purposes relating to the Participant.
COST OF MEDICAL TREATMENT
I agree to pay and accept full and sole financial responsibility for any and all medical services, emergency/medical transportation costs, medical treatments, hospitalizations, surgeries, and/or other types of services provided by any health care provider that may be incurred as a result of Participant's participation in the Family Camp Program. In the event that Camp High Rocks pays any expenses for any above described medical treatment or services, I agree to fully reimburse Camp High Rocks for those expenses.
FORUM SELECTION AND CHOICE OF LAW
I agree that in the event of any legal dispute with or lawsuit against Camp High Rocks, Inc. or any of the other above described RELEASED PARTIES arising out of My participation in the Family Camp Program or My use of the Property, such dispute shall be governed by the laws of the State of North Carolina and any such lawsuit shall only be filed or brought in North Carolina State Court located in Transylvania County, North Carolina.
I understand and agree that this Release is a fully integrated contract and supersedes any and all oral and/or written expressions from anyone about the Family Camp Program or Camp High Rocks, whether given directly or indirectly to the Participant.
In the event that any clause or part of this Release is determined or found to be unenforceable by any court of competent jurisdiction, this finding shall not otherwise affect the validity or enforceability of the remaining parts of this Release.
MINOR PARTICIPANT AUTHORIZATION
I, the undersigned Parent/Guardian, state affirmatively that I have legal custody over the Participant, a minor child, and have complete authority to sign this Release on the Participant's behalf. I have authority and permission to sign this on behalf of any other parent/guardian who has authority to make such agreements on the Participant's behalf.