Release of Liability and Consent to Medical Attention
I understand that all athletic activities carry with them significant risks. Although Grace Community Church of Hamilton County, Inc. (the “Church”), has taken reasonable and prudent steps to reduce foreseeable risks, they still exist. Accordingly, in exchange for my and/or my minor children (all of which are named below, and individually and collectively referred to herein in the first person singular) being allowed to participate in an athletic program (the “Program”) in facilities owned by the Church (the “Facilities”), I, and if I am not yet 18 years old, my parent or legal guardian, agree to be bound by each of the following:
1. Voluntary Participation/Not a Church-Sponsored Activity. I understand and confirm that my participation in the Program is voluntary. I further understand and acknowledge that the Program is not sponsored, conducted, supervised, or monitored by the Church, and that the Church is merely making the Facilities available for participation in the Program by private individuals.
2. Identification of Risks. I understand that participation in any athletic program carries with it risks, some of which are significant. I understand that my participation in the Program may involve risk of injury and loss, both to person and to property. I also understand that the risk of injury may include the possibility of permanent disability, paralysis, brain injury, illness, disease, and death. I recognize that other serious risks include heat and over-exertion injuries (such as heat stroke, cardiac arrest, and respiratory arrest), broken bones, and joint dislocations. I understand that the Church and its Elders, officers, pastors, employees, agents, volunteers, successors, or assigns (collectively, the Church’s “Representatives”) may not be present at all times of my participation in the Program. I understand that some of the premises, facilities, and equipment used in conducting the activities of the Program may not be owned, maintained, or controlled by the Church, but rather by the premises owners (the “Premises Owners”). There may be other risks not known and not reasonably foreseeable at this time. I understand that this Release of Liability and Waiver is intended to address all of the risks of any kind associated with my participation in any aspect of the Program, including, particularly, such risks created by actions, inactions, or negligence on the part of the Church or its Representatives, including, but not limited to, risks created by the following: (a) my physical limitations and/or discomfort; (b) the physical limitations and/or discomfort of others; (c) my lack of knowledge, or the lack of knowledge of others, about the proper or safest techniques for participating in this Program; (d) use and/or condition of fitness equipment or premises on which Program activities occur; (e) lack or inadequacy of policies, rules, or regulations with respect to use of fitness equipment or premises on which Program activities occur; (f) the failure of the Church or its Representatives to foresee or protect me from actions, inactions, negligence, recklessness, or intentional misconduct of other persons; (g) the inadequacy or unavailability of medical facilities, treatment, and/or professionals; or (h) the lack or inadequacy of supervision by the Church or its Representatives.
3. Attestation of Fitness and Assumption of Risk. I attest that I am sufficiently physically fit to participate in this Program. I do not have any medical record or history that could be aggravated by my participation in the Program. Moreover, I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Program. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Program.
4. Release and Waiver. I release the Church and its Representatives to the fullest extent permitted by applicable law from any and all liability for, and waive any and all claims for, personal injury or economic or noneconomic damages or loss, including attorneys’ fees, in any way connected with my participation in the Program, even if caused in whole or in part by the negligent acts or omissions or other misconduct of the Church or any of its Representatives (a “Claim”).
5. Indemnification. I agree to indemnify and to hold harmless (in other words, to reimburse and to be responsible for) the Church and its Representatives, and the Premises Owners, from any Claim or expense, including reasonable attorneys’ fees for the legal counsel of the Church’s choice (including the cost of defending any Claim I (or any member of my family) might make, or that might be made on my behalf (or on behalf of any of my family members), that is released or waived by this instrument), in any way connected with a Claim.
6. Binding Effect. This instrument shall be binding upon my relatives, personal representatives, members, heirs, beneficiaries, next of kin, or assigns and shall inure to the benefit of the Church, the Program, and their respective directors, officers, employees, agents, volunteers, successors, and assigns.
7. Consent to Medical Treatment. I authorize the Church and its Representatives, and the Premises Owners, if present, to provide to me, through medical personnel of their choice, customary medical assistance, transportation, and emergency medical services should I require such assistance, transportation, or services as a result of injury or damage related to my participation in the Program. This consent does not impose a duty upon the Church or its Representatives, or upon the Premises Owners, to provide such assistance, transportation, or services.
8. Severability. If any provision (or portion of any provision) of this instrument is held to be invalid or unenforceable, that provision shall be enforceable in part to the fullest extent permitted by law, and such invalidity or unenforceability shall not otherwise affect any other provision of this instrument.
9. Applicable Law. Because the Program is located in the State of Indiana, and in order to provide certainty in the law to be applied to the construction of this instrument, this instrument shall be governed, construed, and enforced in accordance with the law of the State of Indiana.
THIS IS A RELEASE OF LIABILITY AND WAIVER. I HAVE READ AND UNDERSTAND ALL PARAGRAPHS OF THIS RELEASE OF LIABILITY, WAIVER, INDEMNIFICATION, AND CONSENT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT. I AM SIGNING THIS RELEASE OF LIABILITY, WAIVER, INDEMNIFICATION, AND CONSENT VOLUNTARILY.