Still Water Release of Liability
THIS RELEASE (the “Release”) is executed by the undersigned “participant” effective the date set forth below for the benefit of Still Water Camps (“SWC”), Still Water Christian Ministries (“SWCM”), Franklin Ranch, LTD (“FFR”), Franklin Ranch Management, LLC (“FRM”), Kelly L Hardwick S.P. LP (“SPLP”) and Kristi L Borchardt E.P. LP (“EPLP”) relating to Participant’s participation in a “camp” operated by SWC at certain real property and facilities know as the “Franklin Ranch” located in Blanco County, Knott Creek Falls (“KCF”), SWCM and any other property Still Water encompasses.
Participant specifically acknowledges that he/she has been advised and understands that there are inherent risks and dangers at the Property and associated with the activities to be engaged in at the Camp, including (among other activities): swimming, kayaking and canoeing: hiking; archery; equestrian; blobbing; flicker-ball and dodge-ball; sports participation and sessions; travel to and from off-site activities and sport sessions; and other camp related activities. Because of such inherent risks and dangers, Participant has agreed to and hereby affirms and agrees to the following:
1. Participant, on behalf of himself/herself, and his/her heirs, successors, executors, personal representatives, assigns, FOREVER RELEASES, DISCHARGES, HOLDS HARMLESS AND INDEMNIFIES SWC, SWCM, FFR, FRM, SPLP, EPLP, KCF, and CCES and each of their respective partners, owners, principals, officers, directors, employees, volunteers, agents, representatives, successors, and assigns, from and against any and all claims, including (but not limited to) demands, causes of action, damages, injuries to either person (including any death therefrom) or property, lawsuits, liabilities, punitive or exemplary damages of any and every nature whatsoever, whether known or unknown, in contract, in tort, or in equity, including all losses and/or expenses, including without limitation, attorney’s fees, court costs, and/or expert fees, arising in any manner, directly or indirectly, out of, or in connection with, or in the course of, Participant’s, entry onto the Property, and/or participation in the Camp, REGARDLESS OF THE CAUSE AND EVEN IN THE EVENT OF ANY CONCURRENT OR CONTRIBUTING FAULT OR NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE), BY SWC, SWCM, FFR, FRM, SPLP, EPLP, KCF, and CCES AND/OR ANY OF THEIR RESPECTIVE PARTNERS, OWNERS, PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS. Participant agrees that (i) this Release is intended to be as broad and inclusive as permitted by the laws of the State of Texas, and that if any portion of this Release is held invalid, that balance shall, notwithstanding, continue in full legal force and effect, and (ii) this Release shall be binding on all of Participant’s heirs, administrators, siblings, parents, guardians, grandparents, successors, and assigns.
2. This Release is intended to cover any Camp attended by Participant, whether, past present or future.
3. Participant acknowledges that (i) SWC, SWCM, FFR, FRM, SPLP, EPLP, KCF, and CCES would not allow participation at the Camp but for the acknowledgement of such risks and execution of this Release and (ii) Participant has read this document carefully and understands that this is a complete release of liability and has signed this release as his/her own free act.
4. If participant is a minor or legally incapacitated, the undersigned parent or guardian acknowledges that (i) they are the parent or legal guardian of the Participant with the right and capacity to execute this Release on behalf of the minor child (incapacitated person) participating in the Camp and (ii) the term “Participant” as used herein shall mean both the minor child (incapacitated person) and the parent or guardian executing this Release.
The execution of the Release constitutes Participant’s agreement and acceptance of all of the above terms, conditions and representation, executed effective the date set forth below.