RELEASE AND WAIVER OF LIABILITY

In consideration for the undersigned being permitted to participate in the Event, I agree as follows:

The Student wishes to participate in the Event organized by Oak Hills Church. I give my permission for the Student's participation in the Event and use of church provided transportation. The Student and Parent (or Guardian) understand that the Event will include physical and other activity which involves the risk of accident or serious injury. Injuries may occur outside of or during planned activities. Planned Event Activities may include, but are not limited to, team building games, activities with inflatable devices, hiking, swimming, kayaking, paddle-boarding, canoeing, ropes courses, laser tag, archery, sports, recreational vehicle use, service projects, light construction, painting, cleaning, yard work, or other social or physical activity, and/or transportation for the event. I further understand attendance at the event may include exposure to communicable disease including Covid-19. The Student and Parent (or Guardian) assume all risks inherent in the Event. The Parent (or Guardian) certifies that the Student is free from any health condition that would prevent the Student from participating safely in the Event.

I, on behalf of myself, my personal representatives, assignees, insurers, heirs, executors, administrators, spouse, and next of kin HEREBY RELEASE, WAIVE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE OAK HILLS CHURCH (THE “CHURCH") AND ITS RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MINISTERS, ELDERS, VOLUNTEERS AND OTHER REPRESENTATIVES AND THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY, BODILY INJURY OR ILLNESS, DEATH, LOSSES, OR DAMAGES OF ANY KIND, CLAIMS, CAUSES OF ACTION, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) THAT MAY ARISE FROM MY PARTICIPATION IN THE EVENT AND FOR ANY ACT, OMISSION, NEGLIGENCE OR COMPARATIVE FAULT OF THE RELEASED PARTIES; HOWEVER, THAT THE RELEASED PARTIES ARE NOT RELEASED FROM ANY SUCH LIABILITY OR DAMAGE PROXIMATELY CAUSED BY THE RELEASED PARTIES’ OWN GROSS NEGLIGENCE OR WILLFUL CONDUCT.

I give the Church and the Released Parties permission to authorize medical and/or hospital treatment for myself in the event of sickness or injury sustained by me during the Event.

I hereby grant full permission to the Church to use any photographs, videotapes, motion pictures, recordings, or other records or documents of the Event and to do so without notice or compensation to me.

I assume responsibility for full payment of the cost of the Event; and agree that any and all costs incurred by me during the Event, including, without limitation, costs due to health problems, or other emergencies, are my responsibility.

I want the Church to be able to organize the Event without fear of claims or lawsuits by me, any of my relatives or legal representatives, and any other third-parties. THEREFORE, I AGREE TO INDEMNIFY, DEFEND AND HOLD THE CHURCH AND THE RELEASED PARTIES HARMLESS FROM ALL DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL AND CONSEQUENTIAL DAMAGES, SUFFERED AS A RESULT OF ANY CLAIMS, CAUSES OF ACTION, SUITS, ARBITRATIONS, OR LIABILITIES INCURRED OR SUSTAINED AGAINST THE CHURCH OR THE RELEASED PARTIES RELATED TO MY PARTICIPATION IN THE EVENT.

We are Christians and believe that the Bible commands Christians to make every effort to live at peace and to resolve disputes with each other in private or within the Christian church (see Matthews 18:15-20; 1 Corinthians 6:1-8). Therefore, I agree on behalf of myself and any of my relatives or legal representatives, that any claim or dispute arising from my participation in the Event or related to this Agreement shall be submitted to biblically-based mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure published by the Institute of Christian Conciliation (hereinafter referred to as the “Rules”). The complete text of the Rules may be obtained by accessing http://www.iccpeace.com/Rules/index.html. All such mediation and arbitration shall take place in San Antonio, Texas. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction in San Antonio, Texas. The parties understand that these methods shall be the sole remedy for any controversy, claim, or dispute arising from my participation in the Event or related to this Agreement and they expressly waive their rights to file a lawsuit in any civil court against one another for such controversies, claims or disputes, except to enforce an arbitration decision. The prevailing party in any legal proceeding, including arbitration, shall be entitled to recover from the non-prevailing party, all reasonable and necessary attorneys’ fees, expert fees, and costs arising from the proceeding.

I further agree that this Release and Indemnification Agreement (the “Agreement”) is binding upon me, my relatives, heirs, executors, administrators, assigns and legal representatives. This Agreement is to be governed by the laws of the State of Texas and is intended to be as broad and inclusive as permitted under Texas Law. If any portion of this Agreement is held invalid, then that provision will be modified to the minimum extent necessary to make it enforceable and the rest of the Agreement will remain in effect as written.

I HAVE READ THIS DOCUMENT CAREFULLY AND UNDERSTAND THAT I AM RELEASING LEGAL RIGHTS BY SIGNING THIS DOCUMENT. I HAVE SIGNED THIS RELEASE VOLUNTARILY.

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