YMCA of Austin Assumption of Risk, Waiver Release, and Indemnification Agreement
Please read both pages completely before signing
THE YMCA DOES NOT PROVIDE ACCIDENT/MEDICAL INSURANCE FOR PROGRAM PARTICIPANTS.
GENERAL INFORMATION: The YMCA of Austin Adventure Challenge Course experience presents programs designed around focus areas such as camaraderie, communication, goal setting, leadership, and problem-solving, to name a few. These programs provide for an exciting learning opportunity, and, by their nature, can be physically and emotionally challenging. Physical participation may include, but is not limited to, standing, sitting, crouching, walking, stretching, throwing, jumping, running, climbing, lifting, supporting others, and being supported by others. Emotional participation may include, but is not limited to, sharing insights, thoughts, feelings, and emotions, and hearing the same from others.
The Adventure Challenge Course experience takes place outdoors at Camp Moody, in all weather conditions and all times of the year. Throughout a program participants must follow activity instructions, remain in areas designated by staff, and refrain from behavior that is harmful to oneself or others.
AWARENESS OF RISK: Although the YMCA of Austin takes pride in providing safe environments, equipment and programs, these activities are not without risks. We do not want to diminish the enthusiasm for this experience, but we do want all participants to know in advance that by participating in a program there is a risk of physical or emotional injury, disability, or death. Specific risks include, but are not limited to, rope burns, cuts and scrapes, bruises, broken bones, muscle strains, mental anguish, concussion or disabling head or spinal injuries.
The Adventure Challenge Course participants must be aware participation may require extreme physical exertion and that participant is completely healthy, both physically and emotionally, and capable of participating in this Adventure Challenge Course Experience. Participant understands that it is solely Applicant’s responsibility to determine whether there is any medical reason that Applicant cannot or should not participate in the Adventure Challenge Course Experience.
WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT
WHEREAS, THE UNDERSIGNED (herein referred to as “Applicant”) wishes to be accepted for participation in the YMCA of Austin Challenge Course Experience to be organized and conducted by the YMCA OF AUSTIN (herein referred to as “YMCA”); and in consideration of YMCA’s action in allowing the Applicant to voluntarily participate in such program; and in consideration of, and as part payment for the right to participate in such program and the services arranged for the Applicant by the YMCA, its affiliates, agents, servants, employees, volunteers, officers, and directors (collectively, the “Released Parties”):
Applicant acknowledges that the Adventure Challenge Course Experience involves certain inherent risks and that during said Adventure Challenge Course Experience, certain dangers may occur. These include, but are not limited to, potentially dangerous surface and subsurface land conditions or hazards, depending on other people and the potential for another participant or observer to act negligently, being at various heights (ground to 50 ft.), accident or illness in remote places without nearby medical facilities, the potential for a medical emergency when medical treatment may be several hours away, exposure to the elements and forces of nature, including temperature extremes and inclement weather, and travel by air, train, boat, automobile, or other conveyance. Applicant further
acknowledges that the YMCA of Austin, Camp Moody does not have medical staff on the premises. Applicant recognizes that these risks may also include loss or damage to personal property, physical or psychological damage and/or injury, not excluding fatality due to accidents which may occur, including accidents resulting from this Adventure Challenge Course Experience or other type of outdoor activities. Applicant further acknowledges that the above delineated inherent risks are provided only as a non-exclusive list of examples and do not in any way limit the Applicant’s waiver, release, and indemnification of the Released Parties.
Applicant has and does hereby assume all the above risks and any and all other risks incidental to the nature of the Adventure Challenge Course Experience regardless of whether those risks are foreseeable, and will hold the Released Parties harmless from any and all liability, actions, causes of action, debts, claims and demands of every kind and nature whatsoever, whether for bodily injury, property damage, death, or loss otherwise, whether caused in whole or in part by the negligence, gross negligence, or strict liability of the Released Parties, or otherwise to the fullest extent permitted by law, arising from, or alleged to have arisen from, Applicant’s presence, observation, or participation at or in the Adventure Challenge Course Experience, and/or the presence, observation, or participation of any family member, dependent, or guest, including any minors, accompanying Applicant in any YMCA activities. In addition, Applicant agrees to indemnify, hold harmless, assume liability for, and defend the Released Parties, as stated above, from any and all costs and expenses, including, but not limited to, reasonable attorneys’ fees; judgments; court costs; actual, punitive, and special damages; and all other sums which the Released Parties may pay or become obligated to pay arising from, or alleged to have arisen from, the Applicant’s presence, observation, or participation at or in the Adventure Challenge Course Experience, and/or the presence, observation, or participation of any family member, dependent, or guest, including any minors, accompanying Applicant in any YMCA activities whether caused in whole or in part by the negligence, gross negligence, or strict liability of the Released Parties. Applicant also acknowledges that the YMCA does not provide accident, injury, illness, disability, or life insurance covering Applicant or any family member, dependent, or guest, including any minors, accompanying Applicant.
Applicant warrants that Applicant understands that the Adventure Challenge Course Experience may require extreme physical exertion and that Applicant is completely healthy, both physically and emotionally, and capable of participating in this Adventure Challenge Course Experience. Applicant understands that it is solely Applicant’s responsibility to determine whether there is any medical reason that Applicant cannot or should not participate in the Adventure Challenge Course Experience.
Applicant also states that Applicant is not under the influence of any chemical substance, including, but not limited to, medications, illegal drugs, and/or alcohol, at the time of execution of this Participation Agreement, and will not be under the influence of any chemical substance, including, but not limited to, medications, illegal drugs, and/or alcohol, during the Adventure Challenge Course Experience. Applicant fully understands that Applicant’s physical activity involves risk of injury and that Applicant’s participation in the Adventure Challenge Course Experience is entirely voluntary. Applicant further states that the Applicant has read and understood this Participation Agreement. Applicant enters into this Participation Agreement and takes full responsibility for Applicant’s decision to participate or not participate and agrees
Photo & Video Release: With my signature below, I hereby give my permission and consent to the YMCA of Austin and collaborating third parties to make, reproduce, edit, broadcast, or rebroadcast any video film, footage, soundtrack recordings and photo reproductions of me and/or my participant through our participation in the Project SAFE program.
Waiver, Release, Indemnification and Hold Harmless Agreement: I understand that the YMCA of Austin Inc. facilities and activities have inherent risk and in consideration for participation in YMCA of Austin Inc. facilities, services ,programs and activities without respect to location,, I hereby assume all
risks and hazards incident to my participation and or the participation of my child19ren) in all YMCA of Austin Inc., activities, due to the NEGLIGENCE of the YMCA of Austin Inc., or otherwise while in, or upon the premises of the YMCA of Austin Inc., and/or while using the premises or any facilities or equipment thereon or participating in any program or activity at an off-site location affiliated with the YMCA of Austin Inc., including volunteer services. I further waive, release, absolve, indemnify, and agree to hold harmless the YMCA of Austin Inc., the organizers, volunteers, supervisors, officers, directors, participants, coaches, referees, agents, or representatives as well as persons or parents transporting participants to and from activities or injury sustained during my use of the YMCA of Austin Inc., property or participation in programs, activities on or off-site.
Communicable disease including Coronavirus, COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact. Federal and state authorities recommend social distancing to prevent the spread of the virus. Communicable disease and COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Participating in programs or accessing facilities could increase the risk of contracting COVID-19 or communicable disease. YMCA of Austin in no way warrants that COVID-19 or other communicable disease infections will not occur through participation in programs or use of YMCA facilities. I assume full responsibility for the risk of bodily injury, death or property damage for communicable disease including COVID-19 in my participation and or the participation of myself or my child(ren) in all YMCA of Austin Inc. facilities, services, programs and activities or any off-site location.
Transportation: I grant the YMCA, my child’s school district, or its agent’s permission to transport my child to and from the program location and in the event of an emergency and I am unable to be contacted.
ACKNOWLEDGEMENT: I have read, understood, and accepted the terms of this document. I further understand that if any part of this