ACTIVITY CONSENT, WAIVER AND RELEASE AGREEMENT
Reformed University Fellowship (RUF)
In exchange for and in consideration of the benefits of participation in the RUF program and/or its related activities set forth above, which may include group, outdoor, and adventure activities (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) and their respective agents, campus ministers, interns, leaders, employees, board members, insurers, officers, employees, volunteers, 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, even if it is due to the negligence, injudicious act, omission, or other fault of a Releasee. 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 RUF FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST THE ORGANIZATION WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS THAT MAY RESULT FROM THE ACTIVITIES, 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. I understand that participation in some activities could involve inherent risks and dangers of 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, or the condition of the facilities, equipment, 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.
Consent for Medical Treatment: I hereby consent to receive 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 Activity and understand that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation.
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.
