Section 4: Acknowledgment and assumption of risk
PLEASE READ CAREFULLY. Fall Woodland Nature Class (the “Class”) takes place outdoors in a natural, wooded area. Exploring nature is the purpose of the Class, and some risks cannot be removed without changing what makes it valuable. These risks include, but are not limited to:
- slips, trips, and falls on uneven, wet, or muddy ground, roots, rocks, and fallen logs
- scrapes, cuts, splinters, bruises, sprains, broken bones, and eye injuries from sticks, branches, and other natural materials
- bites and stings from insects and other animals, including fire ants, bees, wasps, spiders, mosquitoes, chiggers, and ticks (which can carry disease)
- encounters with wildlife, including venomous snakes
- contact with poison ivy, thorns, and other irritating or poisonous plants, mushrooms, or berries
- allergic reactions, including severe reactions
- heat-related illness, cold exposure, sunburn, rain, and quickly changing weather
- contact with other children and adults during group play
- the distance between the Class site and emergency medical services
Injuries from these risks can be minor, serious, or, in rare cases, life-threatening.
BY SIGNING THIS FORM, I CONFIRM THAT I UNDERSTAND THESE RISKS AND VOLUNTARILY CHOOSE FOR MYSELF AND MY CHILD TO PARTICIPATE. I ACCEPT THESE RISKS ON BEHALF OF MYSELF AND, TO THE FULLEST EXTENT ALLOWED BY LAW, ON BEHALF OF MY CHILD.
I confirm that, to the best of my knowledge, my child and I have no condition that would prevent safe participation, other than what I have shared in Section 2.
Section 5: Release of liability, waiver, and indemnity
THIS SECTION AFFECTS YOUR LEGAL RIGHTS. READ IT CAREFULLY BEFORE SIGNING.
“Released Parties” means New Heights Learning Center LLC, its owners, directors, employees, instructors, and volunteers, and Carrollton Church of the Nazarene, the owner of the property where the Class is held, along with each of their agents and representatives.
1. Release by participating adult. IN EXCHANGE FOR BEING ALLOWED TO PARTICIPATE IN THE CLASS, I RELEASE, WAIVE, AND AGREE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIM FOR INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE TO ME ARISING FROM THE CLASS, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASED PARTIES.
2. Release on behalf of my child. TO THE FULLEST EXTENT ALLOWED BY LAW, I ALSO RELEASE THE RELEASED PARTIES, ON BEHALF OF MY CHILD, FROM ANY CLAIM FOR INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE ARISING FROM THE CLASS, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASED PARTIES.
3. Indemnity. I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY CLAIM, COST, OR EXPENSE, INCLUDING REASONABLE ATTORNEY’S FEES, TO THE EXTENT IT ARISES FROM MY OWN ACTS OR OMISSIONS OR THOSE OF MY CHILD, INCLUDING MY FAILURE TO SUPERVISE MY CHILD, MY OR MY CHILD’S FAILURE TO FOLLOW SAFETY DIRECTIONS, AND ANY INJURY OR DAMAGE MY CHILD CAUSES TO ANOTHER PERSON.
4. What this does not cover. This release and indemnity do not apply to claims caused by the gross negligence or intentional misconduct of the Released Parties.
5. General terms. Throughout this form, “my child” means each child listed on this form. This agreement applies to every Class session I or my child attend, is governed by Texas law, and binds my heirs and legal representatives. If any part is found unenforceable, the rest remains in effect.