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Summer Camp Waiver

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Paul_H

Guest
What is the name of your state? Texas

My son is going to a summer church camp in a few weeks and we've been asked to sign an "AGREEMENT TO PARTICIPATE, ASSUMPTION OF RISK INDEMNITY AGREEMENT AND RELEASE OF LIABILITY" that states in part,

"The undersigned also agrees to hold harmless and unconditionally indemnify [the camp], its Owners, Trustees, Directors, Officers, Employees, Agents, and/or Associates either to participant's person, property or both, or of any other person or party having a legal interest in participant's property or person, including but not limited to accidents, damages, or injuries caused by either, in whole, or in part by any negligent act or omission of Programs or [the camp], its Owners, Trustees, Directors, Officers, Employees, Agents, and/or Associates of either including but not limited to [the camp]'s sole negligence."

And later,

"Both parties irrevocably consent and submit to the jurisdiction and venue of the State and Federal Courts having jurisdiction of Kerr County, Texas in connection with any suit, action, or other proceeding concerning this Agreement and Release. If any dispute results, then both parties agree to binding arbitration. If any provision of this Agreement and Release is found to be unenforceable by a Court of the last resort, it is the parties' intentionthat the Court should reform the unenforceable provision so as to best approximate the parties' intent, and to enforce the provision as reformed."

What are the implications of these statements? Am I really signing any rights away by signing this form?
 


Shay-Pari'e

Senior Member
(QUOTE)party having a legal interest in participant's property or person, including but not limited to accidents, damages, or injuries caused by either, in whole, or in part by any negligent act or omission of Programs or [the camp], its Owners, Trustees, Directors, Officers, Employees, Agents, and/or Associates of either including but not limited to [the camp]'s sole negligence."(QUOTE)

It means that you should not send your child to this church camp.
 
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Paul_H

Guest
Do you know anything about the law, or was that just a snippy answer?
 
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Paul_H

Guest
I know common sense; what I don't know is law. That's why I'm posting here.

I seem to remember signing something similar for a Boy Scout camp, and seem to remember someone telling me that signing such a document does not relieve them from liability from lawsuits if they are, in fact, negligent, which is why the second part is added, which maybe says that if a judge has to throw some portion of the agreement out, the portion of the agreement that is lawful is still binding.

But I don't know the ins and outs of the law, so I thought posting here might get me a clear answer.
 

stephenk

Senior Member
it is asking you to relieve the camp, its owners, etc. from any liability whether or not it is their fault. Plus, you also agree to waive your rights to sue them and have a jury trial, but must have the matter heard in binding arbitration.

How important is it for your kid to go to this camp?
 
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Paul_H

Guest
Oh, I suppose even if we have to sign the waiver, he will go. He's been to camp there before, and I've been to men's conferences there as well; I "trust" the people.

I don't think that clause was there in the past, though, and it kind of bothers me.

Question: Would it be a binding agreement if I altered the wording of it to relieve the controversial provisions? I'm thinking about even scanning in the document and rewording the troublesome paragraphs and turning it in without calling attention to the changes. Is that Kosher?
 

nextwife

Senior Member
Odds are the new language was added because of recommendations by the camp's legal advisors. Either based on annual review or new case law. My bet is they will not accept your child if you doctor up their legal forms. Their budget does not provide for their attorney's to re-review every submitted waiver individually to see if the doctored language gives the camp the legal protections the legal team feels they want to see.
 

esq2B

Junior Member
Remember, no waiver is legally enforceable to disclaim ones own negligence. If your child does get injured and it was through the negligence of the camp you would normally have a cause of action. As an example, if there was a 15x15 foot pit covered by large branches and your child fell into it, it would be highly probable you would be succesfull in suing the camp because such actions are at a minimum gross negligence. But if your child simply breaks his leg while playing at the camp, then the disclaimer would be effective.
 

ellencee

Senior Member
john123456
Creative spelling is a known risk and side-effect of posting here. "Verble" remains my favorite!
EC
 

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