ACTIVITY CONSENT, WAIVER AND RELEASE AGREEMENT
In exchange for and in consideration of the benefits of participation in the RUF program and/or its related activities, whether set forth above or occurring now or in the future, which may include worship, Bible studies, meetings, retreats, conferences, mission and service trips, social, athletic, group, outdoor, and adventure activities, and all travel and transportation to, from, between, and during any of the foregoing (the “Activities”), I hereby freely, voluntarily, and without duress execute this Release and Waiver and agree to the terms below.
Release and Waiver: To the maximum extent permitted by applicable law, I hereby waive and release RUF, both local and national (a campus ministry of the Presbyterian Church in America), the Presbyterian Church in America and its affiliated churches and agencies, and their respective agents, campus ministers, interns, leaders, employees, board members, insurers, officers, volunteers (including volunteer drivers), affiliated organizations, and all successors, heirs, personal representatives, and assigns of the foregoing (hereinafter collectively referred to as the “Releasees”) arising out of my participation in the Activities and fully and forever release, hold harmless and discharge the Releasees from any and all liability, claims, demands, lawsuits, expenses, actions and causes of action whatsoever, including attorneys’ fees, arising out of or related to any loss, damage or injury (whether direct, indirect, consequential or otherwise), including death, that I might sustain or that any of my property might sustain directly or indirectly arising out of or in connection with the Activities, including travel and transportation to, from, or during the Activities, whether in a vehicle owned, rented, chartered, or arranged by RUF or in a personal vehicle driven by another participant, student, volunteer, or other person, even if it is due to the negligence, injudicious act, omission, or other fault of a Releasee. I further agree not to sue any Releasee on any claim released by this Release and Waiver, and to indemnify and hold harmless the Releasees from any loss, liability, damage, or cost, including attorneys’ fees, that they may incur arising out of any such claim brought by me or on my behalf, or arising out of my own conduct during the Activities. This Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse, assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by applicable law, and shall not operate to prevent the application of any state or federal law that provides alternative or additional protections to the Releasees, including but not limited to laws that extend immunity to charities, non-profit organizations or their volunteers. If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever unless expressly prohibited by applicable law. This document constitutes the entire agreement between RUF and me and supersedes any previous or contemporaneous discussions or agreements between us with respect to these matters. I SPECIFICALLY ACKNOWLEDGE AND AGREE TO WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. THIS RELEASE AND WAIVER SHALL BE CONSTRUED AND INTERPRETED AS BROADLY AS POSSIBLE UNDER THE APPLICABLE LAW OF THE JURISDICTION IN WHICH THE RUF ACTIVITY TAKES PLACE. I UNDERSTAND THAT THIS RELEASE DISCHARGES THE RELEASEES FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST THEM WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS THAT MAY RESULT FROM THE ACTIVITIES, INCLUDING TRAVEL AND TRANSPORTATION,WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
Assumption of Risk: My choice to participate in the Activities is knowing, voluntary, and made for my personal enjoyment and benefit. I understand that participation in some activities could involve inherent risks and dangers of accidents, including motor vehicle accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, including other drivers, or the condition of the facilities, equipment, roads, weather, or vehicles needed or used to promote the Activities. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.
Transportation: I understand that RUF does not require me to use any particular means of transportation, and that I may choose to make my own independent travel arrangements to and from any Activity. If I choose to travel in a vehicle owned, rented, chartered, or arranged by RUF, or to ride with or drive another participant, student, or volunteer, I do so voluntarily and at my own risk. I understand that RUF does not inspect personal vehicles, guarantee the qualifications, driving record, or insurance of any driver, or insure any participant, and that any driver of a personal vehicle is not acting as an employee or agent of RUF. If I drive myself or others, I represent that I hold a valid driver’s license and the insurance required by law, that I will obey all traffic laws and drive safely and unimpaired, that my own insurance is primary, and that I am solely responsible for my vehicle and my driving. The release, covenant not to sue, indemnity, and assumption of risk in this Agreement apply fully to all such travel and transportation.
Conduct and Health: I agree to follow all rules and reasonable instructions of RUF staff and leaders, and I understand that RUF may dismiss me from any Activity, at my own expense, for conduct it deems unsafe or inappropriate. I represent that I am in suitable health to participate and will notify RUF staff of any condition that may affect my safe participation.
Consent for Medical Treatment: I hereby consent to receive, and authorize RUF staff to obtain and consent on my behalf to, medical treatment which may be deemed necessary in the event of any illness, accident, or injury, or medical emergency resulting from or in connection with my participation in the Activities, and understand that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation. I release the Releasees from any liability arising from any decision to obtain or not obtain such treatment.
Photograph, Film or Vocal Recording Media Release: I understand and agree that during the Activities, I may be photographed, videotaped, recorded, and/or filmed (the “recordings”) for internal and/or promotional use. I hereby grant and convey to RUF all right, title, and interest, including but not limited to, any royalties, proceeds, or other benefits, in any and all such recordings, and consent to RUF’s use of my image, likeness, and voice in perpetuity, in any medium or format (electronic, digital, hard copy or otherwise), for any publicity or related purpose without further compensation or permission. I understand that these recordings may be published by RUF in mass media publications, including but not limited to RUF newsletters, publications, websites, and social media sites. I understand that RUF does not use or identify member or family names in these publications without specific permission. This release is in effect until revoked in writing which shall only be effective to prevent any expanded future use of the recordings.
Acknowledgment of Understanding: I have read this Activity Consent, Waiver and Release Agreement and understand the terms used in it and their legal significance. This Activity Consent, Waiver and Release Agreement is freely and voluntarily given with the understanding that right to legal recourse against the Releasees is knowingly given up in return for allowing participation in RUF and/or any such activities. I agree that this Activity Consent, Waiver, and Release Agreement shall remain in effect and apply each time I participate in any RUF Activity, including future Activities and related transportation, until I revoke it in writing delivered to RUF, which revocation shall apply only to Activities occurring after RUF receives it. I represent that I am at least 18 years of age (or the age of majority in my state of residence, if higher); if I am not, my parent or legal guardian must also sign below.
