Bear Creek Federation, Inc. — Registration Release and Waiver of Liability Agreement (1/30/23)
READ THIS REGISTRATION RELEASE AND WAIVER OF LIABILITY AGREEMENT ("AGREEMENT") CAREFULLY. BY SIGNING IT, YOU ARE GIVING UP LEGAL RIGHTS FOR YOURSELF AND OTHERS.
By submitting a registration request to Bear Creek Federation, Inc. ("BCF" and also known from time-to-time in various regions as Allen Indian Guides and Princesses, Caddo Nation, Wichita Nation, Tatanka Nation, and Yo He Wah Nation), you acknowledge and agree to the following on behalf of yourself and any of your minor children being registered with BCF or participating in a BCF activity.
HIGH RISK ACTIVITIES – ASSUMPTION OF RISKS. Participation in certain BCF activities comes with inherent risks. You have full knowledge and understanding of the inherent risks associated with BCF participation, including but in no way limited to: (1) slips, trips, and falls, (2) aquatic injuries, (3) athletic injuries, (4) illness, including exposure to and infection with viruses or bacteria, and (5) other injury or death. You further acknowledge that the preceding list is not inclusive of all possible risks associated with BCF participation and that said list in no way limits the operation of this Agreement. You, not BCF, are responsible for determining that you and your registered child(ren) have the maturity, required skills, and physical ability to participate in BCF activities for which you have registered or will register.
In consideration of your participation with the BCF, you agree, on behalf of yourself, any of your minor children being registered with BCF or participating in a BCF activity, and your heirs, representatives, executors, administrators, and assigns to release BCF and its officers, directors, and leadership volunteers (including but not limited to members of the "longhouse" and each "tribe's" "chief" and "assistant chief" (collectively, "Releasees") from any and all losses, personal injuries or death, damages, claims, demands, expenses (including attorneys' fees), costs, and causes of action allegedly or actually arising from or related to breach of contract, tort, statute, Pathogen, or otherwise, whether or not caused by the negligence, gross negligence, and/or willful or intentional acts omissions of the Releasees. "Pathogen" shall mean an infectious, pathogenic, toxic, or other harmful properties of any organic pathogen, which includes but may not be limited to bacteria, viruses or other pathogens whether or not a microorganism, regardless of whether such organic pathogen is the result of a local outbreak, epidemic, pandemic or unknown cause.
You expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the law of Texas. If any portion of this Agreement is held to be invalid, you agree that the remaining provisions will continue in full force and effect. This Agreement is intended to supplement and expand any additional protection that may be available to Releasees under state or federal law.
POLICIES. You acknowledge and agree that you and your minor children being registered with BCF or participating in a BCF activity will abide by all rules and policies adopted by BCF. Failure to do so may result in immediate removal from the BCF activity and/or program without refund or reimbursement.
PHOTO/VIDEO/MEDIA AUTHORIZATION AND RELEASE. You expressly grant permission for BCF to use your and your minor child(ren)'s likeness and images in a photograph, video, or digital media ("photo") in any and all of its publications, including web-based publications or social media, in perpetuity without payment or other consideration. You understand and agree that all photos will become the property of the BCF and will not be returned. You hereby hold harmless, release, and forever discharge the Releasees from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorization.
BY SUBMITTING YOUR REGISTRATION, YOU CERTIFY THAT YOU HAVE CAREFULLY READ AND ARE VOLUNTARILY SIGNING THIS AGREEMENT AFTER AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY. YOU FURTHER AGREE THAT NO REPRESENTATIONS OR STATEMENTS OTHER THAN THOSE SET FORTH HEREIN HAVE BEEN MADE REGARDING THIS AGREEMENT.
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