Recreational Activity Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement – Moonlit Acres Retreat Farm, Inc.
Moonlit Acres Retreat Farm, a nonprofit, tax-exempt §501(c)(3) organization, focuses on recreational workshop and event services for adults with developmental disabilities through nature-based community outings and engagement, including recreation, wellness workshops, and other interest-based activities on the farm and in the community. Our operations focus on therapeutic recreation by providing program options for our guests, including: Goin’ Out Recreational Groups, Mind Body and Spirit workshops, and at Moonlit Acres Retreat Farm. Our approach to programming is experiential, and some risk of injury is inherent to the experiences we offer. By signing below, the participant and his/her legal guardian acknowledge that the participant is participating in community recreational activities voluntarily and the participant does so at his/her own risk. Risks involved in community activities may include, but are not limited to, physical injury, illness, disfigurement, temporary or permanent disability, psychological injury, pain, suffering, property damage, and death. These injuries or damages may be the result of the participant’s own or others' negligence, or conditions related to the community location. In consideration of being permitted to participate in activities at Moonlit Acres on _____________________(DATE), the participant and his/her legal guardian, undersigned, hereby in advance release, waive, discharge, and covenant not to sue Moonlit Acres, its officers, agents, servants, and employees (collectively, “Releasees”) from and against any and all liability for any harm, injury, damage, claims, actions, causes of action, costs, demands, and expenses of any nature whatsoever which participant may have or which may hereafter accrue to participant, arising out of or related to any loss, damage, or injury, including but not limited to suffering and death, that may be sustained by participant, or to any property belonging to participant, whether caused by the negligence or carelessness of Releasees, or otherwise, while participating in the activities. Participant and his/her legal guardian attest to having complete knowledge of all the risks, dangers, and hazards of participating in the activities. Knowing and understanding the risks, nevertheless, participant and his/her guardian hereby and knowingly agree to assume those risks and to release and hold harmless the Releasees who through negligence or carelessness or otherwise might be liable to participant (or his/her heirs or assigns) for damages. It is participant and his/her guardian’s express intent that this Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement shall bind the members of participant’s family and spouse, if he/she is alive, and his/her estate, heirs, administrators, personal representatives, or assigns, if he/she is deceased, and shall be deemed as a release, waiver, discharge, and covenant not to sue the above-referenced Releasees. Participant and his/her guardian agree that this Waiver of Liability and Hold Harmless Agreement shall be governed in all respects by the laws of the State of Maryland without reference to its conflicts of laws principles. Participant and his/her guardian expressly consent and submit to the exclusive jurisdiction of any court of competent jurisdiction in the State of Maryland. Participant and his/her guardian acknowledge and represent that they have read the foregoing Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement, understand it, and sign it voluntarily as their own free act and deed. Participant is at least eighteen (18) years of age and fully competent. In the event participant is not fully competent, his/her legal guardian assumes full responsibility. Participant and his/her guardian execute this Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement for full, adequate, and complete consideration fully intending to be bound by the same. Participant has disclosed all allergies or relevant medical conditions to Moonlit Acres Retreat Farm. By signing below, participant and his/her guardian agree that Moonlit Acres Retreat Farm is not responsible for administering medical treatment of any kind.