Boulder Crest Virginia

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

IN CONSIDERATION for being permitted to participate in activities (the “Activities”) on or about the Boulder Crest Retreat facilities owned and operated by Boulder Crest Retreat Foundation (the “Foundation”), I, for myself, the Minor (as defined below, if applicable) and for my and the Minor’s personal representatives, assigns, heirs and next of kin, do hereby RELEASE, WAIVE, FOREVER DISCHARGE, COVENANT NOT TO SUE, AGREE TO INDEMNIFY, AND SAVE AND HOLD HARMLESS, the Foundation, its partners, officers, directors, agents, affiliates, employees, volunteers and their respective successors and assigns (collectively, the “Released Parties”) from any and all claims, demands, losses, actions, liabilities, and causes of action of any sort, known or unknown, foreseen or unforeseen, including, but not limited to, death, bodily injury, or property damage that I (or the Minor, if applicable) might sustain or suffer resulting from, or in any manner connected with, my (or the Minor’s, if applicable) participation in the Activities, including, without limitation, those caused by the negligence, wrongful acts, or omissions of the Foundation or the Released Parties.

1. I ACKNOWLEDGE that the Activities may include, among other things, lodging, swimming, canoeing, kayaking, tubing, fishing, hiking, biking, archery, and being in close proximity to horses and other animals and wildlife. I acknowledge, agree, and represent that I understand the nature of the Activities and that I am qualified, in good health, am in proper physical condition and have sufficiently prepared or trained for participation in the Activities, and have not been advised to refrain from participating in the Activities by any health professional. I certify that there are no health-related reasons or problems which preclude my participation in the Activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activities.

2. I FULLY UNDERSTAND THAT: (a) THE ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISKS”); (b) the Risks may be caused by my own actions or inaction, the actions or inaction of the Minor, or the actions or inaction of others participating in the Activities, the condition in which the Activities take place, or THE NEGLIGENCE OF THE RELEASED PARTIES NAMED ABOVE; (c) the Risks may be caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, and lack of hydration; and (d) to participate in the Activities, I (and the Minor, if applicable) must be covered by private medical insurance and I (and the Minor, if applicable) agree to recover all damages first from such insurance carrier for any and all injuries that occur in connection with the Activities. I acknowledge that there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time, and I FULLY ACCEPT AND ASUME ALL RISKS AND OTHER SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES that I (and the Minor, if applicable) incur as a result of my participation and/or that of the Minor in the Activities.

3. I hereby consent to receive medical treatment (for myself, or on behalf of the Minor, if applicable) which may be deemed advisable by Foundation staff in the event of injury, accident, and/or illness during the Activities.

4. [APPLIES ONLY IF PARTICIPANT IS UNDER AGE 18] AS THE PARENT AND/OR LEGAL GUARDIAN OF THE PARTICIPANT LISTED BELOW (THE “MINOR”), I UNDERSTAND THE NATURE OF THE ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITIES. I FURTHER AGREE AND WARRANT THAT IF AT ANY TIME I BELIEVE CONDITIONS TO BE UNSAFE, I WILL IMMEDIATELY DISCONTINUE THE MINOR’S PARTICIPATION IN THE ACTIVITIES.

I HAVE READ THIS DOCUMENT CAREFULLY, FULLY UNDERSTAND ITS CONTENTS, INCLUDING THE INDEMNITY CONTAINED HEREIN, AND INTEND THE RELEASE TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND WAIVER OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW. IF ANY PROVISION(S) OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL NOT BE AFFECTED AND SHALL CONTINUE IN FULL FORCE AND EFFECT. THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE COMMONWEALTH OF VIRGINIA WITHOUT REGARD TO ITS LAWS OR REGULATIONS RELATING TO CHOICE OF LAWS.