Acknowledgement and Assumption of Risk
I, the undersigned, hereby represent that I am the parent or legal guardian of any minor child(ren) (“Minor Participant”) identified below, and I expressly consent to and authorize such Minor Participant’s participation in T Bar M activities, including but not limited to off-campus activities.
I, the undersigned, on behalf of myself and the Participant (as defined below), acknowledge that during participation in program activities, certain risks and dangers may occur. I, the undersigned, on behalf of myself and the Participant, understand that Center for Christian Growth, Inc. dba T Bar M Camps and Retreats (“T Bar M”) activities range from mild to strenuous and, like all recreation, they include inherent and other risks and dangers, which include but are not limited to the hazards of depending on other people, activities at various heights above ground, and the forces of nature, which can cause loss or damage to personal property, physical or psychological damage and/or bodily injury such as sprains, breaks, cuts, bruises, emotional trauma, illness, exposure to communicable or infectious disease (including, but not limited to, COVID-19 or similar contagion), provided however that T Bar M does not disclaim liability for communicable disease exposure caused by T Bar M’s own gross negligence or willful misconduct, and the possibility of serious injury or death.
As used in this Agreement, “Participant” means the undersigned adult participant and/or the Minor Participant(s) identified below, as the context requires. I, the undersigned, on behalf of myself and the Participant, understand the activities and their risks. I, the undersigned, acknowledge that the Participant will be able to ask questions of T Bar M staff regarding risks or dangers associated with T Bar M’s activities and environment (which may take place on the premises of T Bar M, a hosting church, or school). I, the undersigned, on behalf of myself and the Participant, acknowledge that the Participant’s participation in any activity is voluntary and Participant may decline to participate in any activity. I, the undersigned, on behalf of myself and the Participant, acknowledge and assume all risks of participation in T Bar M activities, inherent and otherwise, including those risks specifically identified above, and whether or not described above or in the materials provided by T Bar M. While participating, I, the undersigned, on behalf of myself and the Participant, agree that the Participant must abide by all the policies and procedures established by T Bar M in order to maintain the utmost level of safety.
Agreement of Release and Indemnity
I HAVE READ THE FOLLOWING RELEASE AND INDEMNITY AGREEMENT AND UNDERSTAND THAT BY SIGNING BELOW I AM RELEASING T BAR M FROM LIABILITY FOR ITS OWN NEGLIGENCE AND AGREEING TO INDEMNIFY T BAR M AGAINST THIRD-PARTY CLAIMS.
Further, in consideration of the right to participate in T Bar M activities, to the maximum extent allowed by law, I, the undersigned on behalf of myself individually, release and agree not to bring any cause of action against Center for Christian Growth, Inc. dba T Bar M Camps and Retreats, its directors, employees, associates, medical personnel, contractors or any related parties (the “Released Parties”) for liability or claims of any nature, including loss or damage to property, personal injury, exposure to communicable or infectious disease or death, suffered by me or the Minor Participant in any way related to my or the Minor Participant’s enrollment, participation in, or transportation related to a T Bar M activity.
With respect to claims by or on behalf of any Minor Participant, this release is given by me solely in my individual capacity as parent or legal guardian. I acknowledge and understand that, under Texas law, a parent’s or guardian’s pre-injury release of a minor child’s own claims may not be enforceable, and that a minor may retain the right to bring an independent claim upon reaching the age of majority. Notwithstanding the foregoing, I agree to the fullest extent possible permitted by law to release any claims I hold individually arising out of the Minor Participant’s participation in T Bar M activities.
In addition, I, the undersigned on behalf of myself, agree to indemnify the Released Parties (that is, defend them, including payment of liabilities, costs and attorneys’ fees) from third-party claims brought by the Minor Participant (upon reaching majority), other members of my family, and any other person arising out of the Minor Participant’s participation in, or transportation related to a T Bar M activity.
The claims which are the subject of these agreements of release and indemnity include those arising from ordinary negligence of any Released Parties, but not those arising from the gross negligence or willful misconduct of the Released Parties. To the extent any provision of this Agreement is found to be void, unenforceable, or contrary to public policy, the remaining provisions shall remain in full force and effect. Any unenforceable provision shall be modified to the minimum extent necessary to make it enforceable, or, if such modification is not possible, severed from this Agreement.
The activities intended to be covered by this Agreement of Release and Indemnity include activities on or off T Bar M premises, including transportation to and from T Bar M activities and on the T Bar M grounds or any premises utilized by T Bar M for any of its activities. In the event of any emergency, I hereby give permission to T Bar M staff or a member of my group to call 911.
Medical Treatment Authorization: In the event of an emergency and if I cannot be reached, I authorize T Bar M staff to consent to necessary emergency medical treatment for the Minor Participant. I represent that there are no known medical conditions, allergies, or medications that would affect the Minor Participant’s participation unless separately disclosed in writing to T Bar M.
I understand that while participating in normal activities, I may be photographed/videotaped and that these photos and/or video footage may be used for promotional purposes. I understand that this consent to photography/videography may be revoked by written notice to T Bar M at any time prior to the commencement of the Minor Participant’s activities.
Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any dispute arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts located in Comal County, Texas.