STONEBRIAR COMMUNITY CHURCH

ASSUMPTION OF RISK, VOLUNTARY RELEASE, AND INDEMNITY AGREEMENT

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING.  THIS IS A LEGAL DOCUMENT.  THIS FULLY SIGNED FORM MUST BE SUBMITTED BY A PARENT OR LEGAL GUARDIAN BEFORE ANY CHILD IS ALLOWED TO PARTICIPATE IN THE MINISTRY EVENT.

In consideration for the undersigned or the undersigned’s dependent (“Participant”) being permitted to participate in the event(s) described on Exhibit A, and any other activities connected with the event(s) described on Exhibit A (collectively the “Ministry Event”), the undersigned (“I” or “Me”) agrees as follows:

  1. ASSUMPTION OF RISK AND REPRESENTATION. I understand, am aware, and assume all risks, both known and unknown, inherent in Participant’s participation in the Ministry Event.  The known risks include those listed on Exhibit A, and may also include, but are not limited to, the hazards of road transportation, service projects, construction projects, illness or accident without immediate access to medical facilities, and the forces of nature, (collectively, the “Risks”).  Any of the Risks may result in serious bodily injury, temporary or permanent disability, or death, as well as economic and property loss.  I represent that I (or Participant) possess the necessary skills and fitness to safely participate in the Ministry Event(s).
  2. RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE. I, on behalf of myself and Participant, and our respective personal representatives, assignees, insurers, heirs, executors, administrators, spouse and next of kin, (collectively, the “Participant’s Parties”), hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Stonebriar Community Church and its directors, officers, employees, agents, volunteers, as well as its/their successors, assigns, affiliates, subordinates, and subsidiaries (collectively, the “Church”), and RELEASE, WAIVE AND DISCHARGE the Church from any and all liability to the Participant’s Parties for any and all loss, damage, injury, death, and expense to me or the Participant or his/her/our property, whether caused by negligence, or otherwise (except not for any gross negligence or willful misconduct on the part of the Church), while I am, or the Participant is, participating in the Ministry Event described in Exhibit A.
  3. INDEMNITY. I AGREE TO INDEMNIFY THE CHURCH FROM ANY LIABILITY, LOSS, DAMAGE OR COST THAT MAY ARISE FROM MY OR PARTICIPANT’S PARTICIPATION IN THE MINISTRY EVENT, WHETHER CAUSED BY THE NEGLIGENCE OF THE CHURCH OR OTHERWISE (EXCEPT NOT WHERE CAUSED BY ANY GROSS NEGLIGENCE OR WILLFUL  MISCONDUCT OF THE CHURCH).  I, FOR MYSELF AND PARTICIPANT, ASSUME FULL RESPONSIBILITY FOR, AND RISK OF, BODILY INJURY, DEATH OR PROPERTY DAMAGE DUE TO THE NEGLIGENCE (BUT NOT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) OF OTHER PARTICIPANTS IN THE MINISTRY EVENT, OR OTHERWISE, WHILE I OR PARTICIPANT PARTICIPATE IN THE MINISTRY EVENT.
  4. ARBITRATION. I agree to resolve any dispute arising under or relating to this Agreement through a mutually acceptable alternative dispute resolution process. I further agree to notify the Church in writing as soon as reasonably possible of any dispute regarding this Agreement. If I, as the Participant or as parent/guardian of the Participant, and the Church, cannot agree upon a process within thirty days of the Church’s receipt of my notice, the dispute shall be submitted exclusively to the mediation and arbitration procedures of the Institute for Christian Conciliation/Peacemaker Ministries (www.hispeace.org).  Venue for the dispute resolution processes shall be exclusively in Collin County, Texas.
  5. I agree that the provisions of this Agreement are intended to be as broad and inclusive as permitted by the laws of the State of Texas, and that, if any portion of this Agreement is held invalid, it is agreed that the balance, notwithstanding, shall continue in full legal force and effect. I further agree that:
    1. I HAVE CAREFULLY READ THIS AGREEMENT, AND I HAVE HAD AN OPPORTUNITY TO ASK QUESTIONS ABOUT THIS DOCUMENT.
    2. I UNDERSTAND THAT THIS SIGNED RELEASE AGREEMENT WILL BE SCANNED INTO THE CHURCH’S DATABASE.  I FURTHER UNDERSTAND THAT IF THE ORIGINAL EXECUTED AGREEMENT IS DESTROYED, THE SCANNED COPY WILL BE DESIGNATED THE RECORD COPY AND RETAINED FOR THE APPROPRIATE PERIOD OF TIME.
    3. I UNDERSTAND THAT I AM AGREEING TO RELEASE ALL CLAIMS AGAINST THE CHURCH, INCLUDING NEGLIGENCE AND TO INDEMNIFY THE CHURCH AS STATED ABOVE.
    4. I CERTIFY THAT I AM EITHER (1) AT LEAST EIGHTEEN (18) YEARS OF AGE, OR (2) THE LEGAL GUARDIAN ACTING ON BEHALF OF THE PARTICIPANT WHO IS UNDER EIGHTEEN (18) YEARS OF AGE.

I VOLUNTARILY SIGN MY NAME EVIDENCING MY UNDERSTANDING AND ACCEPT THE PROVISIONS OF THIS AGREEMENT. 

Orig. 03202015/Revised 03052018

Medical Release

My permission is granted for Stonebriar Community Church, event directors, sponsors, and the officers, directors, employees, representatives and agents of any of the above, to obtain necessary medical attention in case of sickness or injury to me or my child.  I do hereby RELEASE AND FOREVER DISCHARGE Stonebriar Community Church and its officers, directors, employees, volunteers and agents (“Released Parties”) from any and all claims, costs, demands, actions or causes of action, past, present or future arising out of any damage or injury in connection with the participation with Stonebriar Community Church, except where such damage or injury is caused by the gross negligence or willful misconduct on the part of the Released Parties.

v.2.12.2018