The above-referenced
participant and undersigned (the "Participant") desire(s) to participate
in one or more activities, attend one or more events or otherwise be a part of
one or more functions or programs, including, without limitation, camps,
retreats, missions or missionary projects within the United States or abroad
(collectively, the "Programs") related to, supported or
sponsored by, or otherwise associated or affiliated with The Bucket Ministry
(collectively the "TBM"). The Participant
voluntarily enters into this Waiver, Release and
Indemnity Agreement (this "Release
Agreement") to induce TBM to allow the Participant to participate in any
such Programs. Participant acknowledges that participation in such Programs
will benefit Participant and that as much Participant
has received valuable consideration for the execution of this Release
Agreement. Based on the foregoing, Participant hereby agrees with TBM as
follows:
1.
Participant voluntarily elects to participate and engage in the
Programs, knowing and understanding that: participation in the Programs may
entail risk of personal injury or death to the Participant; any list or
description of inherent risks of the Programs is not complete; and other
unknown or anticipated inherent risks may result in personal injury, death,
and/or property damage. With knowledge of the foregoing, and as an inducement
for TBM to permit the Participant to participate in the Programs, PARTICIPANT AND HIS OR HER FAMILY, AND IN THE CASE OF A
MINOR, SUCH PARTICIPANT'S PARENTS, VOLUNTARILY AGREE TO ASSUME AND ACCEPT FULL
RESPONSIBILITY FOR ANY AND ALL RISKS AND DANGERS OF DEATH, PERSONAL INJURY, AND
PROPERTY DAMAGE ARISING FROM THE PROGRAMS, INCLUDING, BUT NOT LIMITED TO, ALL
RISKS AND DANGERS ASSOCIATED WITH THE INHERENT RISKS, WHETHER DESCRIBED HEREIN
OR NOT AND WHETHER KNOWN OR UNKNOWN.
2. Participant, and his or
her heirs, executors, administrators, agents, representatives, insurers, and
attorneys, hereby release and forever discharge TBM and all TBM Related Parties
(as hereinafter defined) from any and all claims, suits, rights, interests,
demands, actions, causes of action, obligations, liabilities, accident, injury
(including death), costs, fees (including reasonable attorney's fees), expenses
and any and all other damages or losses of any kind whatsoever, whether to
person or property (collectively, the "Claims") arising out of,
incidental to, associated with, or in any way related to: (i)
the TBM; (ii) TBM Related Parties; (iii) participation in the Programs; (iv)
any acts or events in any way related to the Programs (by way of example only,
travel to/from the Programs, whether in the United States or abroad); or (v)
any accident, injury or death to Participant, or anyone else. WITHOUT LIMITATION OF THE
FOREGOING, THE UNDERSIGNED HEREBY SPECIFICALLY RELEASES AND FOREVER DISCHARGES
TBM AND ALL TBM RELATED PARTIES FROM ANY AND ALL CLAIMS (AS DEFINED HEREIN)
ARISING DIRECTLY OR INDIRECTLY FROM OR AS A RESULT OF THE NEGLIGENCE (BUT NOT
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) OF TBM OR ANY TBM RELATED PARTIES. As used herein, the
term "TBM
Related Parties" shall mean and include TBM and all of the corporations,
partnerships, trusts, churches, children's homes, orphanages, missions, and
other entities or enterprises whatsoever affiliated or supported by TBM, and
TBM's and all such other entities' respective pastors, trustees, officers,
directors, deacons, elders, boards, mission or ministry team, leaders,
volunteers, guests, invitees, members, employees, staff, workers, contractors,
vendors, agents, attorneys, advisors, representatives and any other individual
involved with the TBM in connection with Programs.
3. PARTICIPANT, AND IN THE
CASE OF A MINOR SUCH PARTICIPANT'S PARENTS, ON THEIR OWN BEHALF, AND ON BEHALF
OF THEIR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, REPRESENTATIVES,
AND INSURERS, HEREBY AGREE TO IDEMNIFY, DEFEND AND HOLD HARMLESS THE TBM AND
ALL TBM RELATED PARTIES FROM AND AGAINST ANY ALL CLAIMS (AS DEFINED HEREIN)
ASSERTED BY PARTICIPANT, ANY PERSON OR ENTITY RELATED TO PARTICIPANT OR
ASSERTING A CLAIM BY OR THROUGH PARTICIPANT, OR ANY OTHER THIRD PARTIES OR
ENTITIES WHICH IN ANY WAY, ARISE OUT OF, ARE INCIDENTAL TO, ASSOCIATED WITH, OR
IN ANY WAY RELATED TO: (I) THE TBM; (II) THE TBM RELATED PARTIES; (III)
PARTICIPATION IN THE PROGRAMS; (IV) ANY ACTS OR EVENTS IN ANY WAY RELATED TO
THE PROGRAMS; OR (V) ANY ACCIDENTS, INJURY OR DEATH TO PARTICIPANT OR ANYONE
ELSE. WITHOUT LIMITATION OF THE FOREGOING, THE UNDERSIGNED HEREBY SPECIFICALLY
INDEMNIFIES, DEFENDS AND HOLDS HARMLESS THE TBM AND ALL TBM RELATED PARTIES
FROM ANY AND ALL CLAIMS (AS DEFINED HEREIN) ARISING DIRECTLY OR INDIRECTLY FROM
OR AS A RESULT OF THE NEGLIGENCE (BUT NOT GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT) OF TBM OR TBM RELATED PARTIES.
4. Participant, and in the
case of a minor, such Participant's parents, on their behalf and on behalf of
their respected heirs, executors, administrators, agents, representatives,
insurers and attorneys, hereby waive their rights to sue or to bring any action
against the TBM Related Parties in connection with any and all claims,
liability, suits, actions, costs, attorney's fees, damages, and loss, including
those arising out of death, personal injury or property damage, regardless of
the cause and WHETHER OR NOT RESULTING
FROM THE SOLE OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, MISCONDUCT OR
OMISSION BY THE TBM RELATED PARTIES OR ANY OTHER PERSON, arising out of, relating
to, or in any way connected with: (i) the TBM; (ii)
the TBM Related Parties; (iii) participation in the Programs; (iv) any acts or
events in any way related to the Programs, or (v) any accidents, injury or
death to Participant or anyone else.
5. The invalidity or
unenforceability of any particular provision of this Release Agreement shall
not affect any other provision hereof, and in the event any provision hereof,
is found by property authority to be invalid or enforceable, the Release
Agreement shall be construed in all respects as if such invalid or enforceable
provision had never comprised a part hereof and the remaining provisions hereof
shall remain in full force and effect and shall not be affected by the invalid
or unenforceable provision or by its severance herefrom.
Furthermore, in lieu of such invalid or enforceable provision, there shall be
added automatically hereto and as a part hereof a provision as similar in terms
and intent to such invalid or enforceable provision as may be possible and be
legal, valid and enforceable. It is Participant's express intent that the TBM or TBM Related
Parties shall never have any liability, damage or expense arising out of any
Claim in any way associated with or relating to participation in the Programs.
6. This Agreement is made and
entered into in the State of Texas. This Agreement shall be construed in
accordance with, and governed by, the laws of the State of Texas and of the
United States. The venue for any action arising out of this Agreement shall be
in Rockwall County, Texas. This Release Agreement
shall continue in full force and effect until revoked, in writing, by
Participant and delivered to TBM at PO Box 238 Fate, Texas 75132, and may be
relied upon by TBM and all TBM Related Parties with respect to any
participation in any Programs regardless of when offered.
7. This Agreement is made and
entered into the State of Texas. This Agreement shall be construed in
accordance with, and governed by, the laws of the State of Texas and the United
States. The venue for any action arising out of this Agreement shall be in Fate,
Texas. This Release Agreement
shall continue in full force and effect until revoked, in writing, by
Participant and delivered to TBM at PO Box 238 Fate, Texas 75132, and may be
relied upon by TBM and all TBM Related Parties with respect to any
participation in any Programs regardless of when offered. Participant expressly
waives the right to sign separate Release Agreements for separate Programs and
represents that this Release Agreement shall govern all Programs. Participant
hereby gives permission to have photographic and/or
video images of Participant taken and/or obtained as part of the Programs and
used for any media purpose whatsoever, including without limitation,
advertising, promotion, marketing and packaging for any Program, product or service of the TBM and may be combined with other
images, text and graphics, and cropped, altered or modified in the TBM's sole
discretion.
I, the Participant named
herein, am eighteen (18) years of age or older and competent to sign this
Release Agreement (or, if the Participant is not 18 years old or older, I am
the parent or legal guardian of Participant and agree to and sign this Release
Agreement on behalf of Participant). This Release Agreement is binding and me
and my spouse, family, executor, administrators and
heirs. This Release Agreement shall apply to any and all
Programs present or future) in which Participant participates or will participate,
and in the event of any inconsistency or ambiguity between this Release
Agreement and any earlier release form signed by Participant, this Release
Agreement shall control. I AM AWARE THAT TRAVEL, INCLUDING, WITHOUT LIMITATION, TRAVEL TO
AND FROM ANY PROGRAMS OR TRAVEL ABROAD, HAS INHERENT DANGERS THAT POSE A RISK
OF HARM OR INJURY, INCLUDING, BUT NOT LIMITED TO, DISEASE, LACK OF PROPER
HEALTHCARE, CRIME, CIVIL UNREST, TERRORISM, LACK OF PROPER HEALTH STANDARDS,
AND LACK OF SECURITY, AND I VOLUNTARILY CHOOSE TO ASSUME THESE RISKS. I AM
AWARE THAT I MAY SUFFER BODILY INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF
MY PARTICIPATION IN THE PROGRAMS. HOWEVER, I VOLUNTARILY CHOOSE TO ASSUME THESE
RISKS AND PARTICIPATE IN SUCH PROGRAMS OR EVENTS. I HAVE FULLY READ THE ABOVE
AND UNDERSTAND IT AND HEREBY CONSENT TO IT AND AGREE TO BE BOUND BY IT.