RELEASE AND WAIVER OF LIABILITY AGREEMENT
WHEREAS, Dream Camps LLC, D/B/A OREGON DREAM CAMPS (“Company”) is the owner and operator of an Oregon individual and team cheer camp service for parents and their minor children (the “Activity”), and is willing to permit my minor child (the “Child”) on whose behalf this parent/guardian/custodian is signing this Agreement to participate in the Activity, upon the terms and conditions of this Agreement. All of the Activity shall take place on property controlled by the Company. The Company and Participants signing this Agreement may be collectively referred to as (the “Parties”).
In consideration for being provided the ability to participate in the Activity and enter the Premises, I, and my minor child, signing below hereby stipulates and agrees:
1. Use of Premises for Activity Only. I understand and agree that my Child may only use the Premises for the Activity set forth in this Release and Waiver of Liability agreement. I further agree that my Child is responsible for the proper use and care of the Premises and any of Company’s property thereon, and that I will be liable for the replacement cost of any Company property/equipment which is damaged, destroyed or lost by my Child. I understand that inappropriate conduct by my Child may result in immediate expulsion from the Activity. If this occurs I agree to make arrangements for my Child to be immediately picked up from the Premises.
2. Assumption of Risk. I understand and acknowledge that the Activity my Child will participate in may be dangerous and may involve the risk that my Child will sustain serious injury, temporary or permanent disability, death, and/or property damage. I further understand that my child may have exposure to the natural elements that could cause sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps, and I assume and accept all risks associated with heat related ailments. I understand that injuries can occur because of the condition of the land, and that the land may pose such dangerous conditions due to snakes, insects, spiders, ditches, erosions, sharp rocks, culverts, fallen trees, branches, snow, mud, or other natural and man-made hazards. I understand that the Premises may contain toys or other items that other children have brought along with them, and I willingly accept the risk related to these objects being around and/or in contact with my Child. I understand that the Activity may not be supervised and that the Company does not provide medical services. I further acknowledge that any injury my Child may sustain while participating in the Activity may be compounded by negligent or delayed medical service or negligent or delayed assistance by the Company. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY CHILD’S USE OF THE PREMISES AND PARTICIPATION IN ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE COMPANY.
3. Acceptance of Responsibility: I willingly assume full responsibility for any and all risks that I am exposing my Child to as a result of my Child’s participation in any Activity on the Premises and accept full responsibility for any injury or death that may result from my participation. I accept full responsibility for any and all items, potential food or liquids, and other objects that come into contact with my child while in the Premises.
4. Physical Contact Acknowledgement: I understand that the Activity will involve physical contact between my Child, other participants, and those representing the Company. I give permission for my Child to be spotted by coaches and trainers representing the Company and recognize that he/she/they will have direct contact with him/her/them when doing so. I acknowledge that it is my responsibility to notify the Company if I, or may Child, am uncomfortable with this physical contact and will work with Company to determine how my Child may continue to participate in the Activity with no contact.
5. Release from Liability. I HEREBY AGREE, ON BEHALF OF MYSELF, MY CHILD, MY HEIRS AND MY PERSONAL REPRESENTATIVES, TO FULLY AND FOREVER DISCHARGE AND RELEASE COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE PARTNERS, AGENTS, OPERATORS, MANAGERS, EMPLOYEES, AND REPRESENTATIVES (“RELEASED PARTIES”) FROM ANY AND ALL CLAIMS I OR MY CHILD MAY HAVE OR HEREINAFTER HAVE FOR ANY INJURY, TEMPORARY OR PERMANENT DISABILITY, DEATH, DAMAGES, LIABILITIES, EXPENSES AND/OR CAUSES OF ACTION, NOW KNOWN OR HEREINAFTER KNOWN IN ANY JURISDICTION IN THE WORLD, ATTRIBUTABLE OR RELATING IN ANY MANNER TO MY CHILD’S ENTRY UPON AND USE OF THE PREMISES AND PARTICIPATION IN THE ACTIVITY, CAMPING, BUILDING A CAMPSITE, USING THE LAND IN ANY MANNER, FORM OR FASHION, INCLUDING SWIMMING, HIKING, CRAFTS, SPORTS, FIELD TRIPS, FISHING, CAMPFIRES, AND ENGAGING IN ANY OUTDOOR ACTIVITIES OR OTHER RELATED ACTIVITIES ON AND OFF THE PREMISES, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR ANY OF THE RELEASED PARTIES OR BY ANY OTHER REASON. I ACKNOWLEDGE AND AGREE THAT THIS RELEASE AND WAIVER OF LIABILITY FOR A POTENTIALLY DANGEROUS ACTIVITY IS INTENDED TO BE, AND IS, A COMPLETE RELEASE, AS MUCH AS ALLOWED BY LAW, OF ANY RESPONSIBILITY OF THE RELEASED PARTIES FOR ALL PERSONAL INJURIES, TEMPORARY OR PERMANENT DISABILITY, DEATH, AND/OR PROPERTY DAMAGE SUSTAINED BY MY CHILD WHILE ON OR USING THE PREMISES OR PARTICIPATING IN THE ACTIVITY.
6. Covenant Not to Sue. I agree, for myself, my Child and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I, my Child, or my heirs may have as a result of any personal injury, death or property damage my Child may sustain while on or using the Premises or while participating in the Activity.
7. Indemnification. I HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY AND THE RELEASED PARTIES FROM AND AGAINST ANY THIRD-PARTY LOSSES, DAMAGES, ACTIONS, SUITS, CLAIMS, JUDGMENTS, SETTLEMENTS, AWARDS, INTEREST, PENALTIES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) AND COSTS OF ANY KIND FOR ANY PERSONAL INJURY, LOSS OF LIFE OR DAMAGE TO PROPERTY SUSTAINED BY REASON OF OR ARISING OUT OF MY USE OF THE PREMISES OR PARTICIPATION IN ANY ACTIVITIES ON THE PREMISES.
9. Responsibility for Personal Property. I acknowledge and agree that my Child is fully and solely responsible for any of my Child’s property and personal belongings that he/she brings onto the Premises or that he/she uses during the Activity, and that the Company will not be responsible for or provide any security for his/her property and personal belongings.
10. No Representations by Company. I acknowledge that the Company makes no representation as to the condition of the Premises or the safety of the Activity or any equipment either on the Premises or used in the Activity. I accept, and my Child shall use, the Premises, and its equipment, in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by the Company or the Company’s employees, agents, sponsors, or representatives regarding this agreement or the Premises or Activity, except to the extent such representations are expressly set forth in this agreement. I am also aware of, and accept that the Premises is Not Air Conditioned, with extreme temperatures possibly exceeding 100 degrees fahrenheit during pre summer and summer months.
11. Waiver of Terms. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
12. Likeness Waiver: Use of picture(s)/film/likeness: I agree to allow Company, and its owners, agents, officers, principals, employees, independent contractors and volunteers to use the picture(s), film and/or likeness of me for advertising purposes. In the event I choose not to allow the use of the same for said purpose, I agree that I must inform Company of this in writing.
13. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
14. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Oregon, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Washington County, Oregon.
15. Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
16. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
17. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
18. Parental Consent: I, the undersigned parent or legal guardian of the minor child, have read the above and understood the foregoing assumption of risk, and release of liability, and agree to its terms on behalf of my child and myself. I understand that by signing below, I am giving up substantial rights on behalf of my child and myself.
I, THE PARENT/GUARDIAN/CUSTODIAN, OF THE MINOR CHILD HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS ON MINE, INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.