In order for my child to participate in the Roman Catholic Diocese of Ogdensburg’s Youth Buses for Life pilgrimage, I agree as follows:
1. Acknowledgement of Risk. I acknowledge and fully understand that there are inherent risks of serious injury or death associated with hiking, backpacking, canoeing, swimming and other activities associated with the Youth Buses for Life. These inherent risks include but are not limited to: encountering natural dangers such as falling rocks or objects, irregular or uneven ground, unseen or unmarked objects, drowning or serious injury in and around water could occur due to water movement, subsurface conditions, cold water temperature, water impurities and the like. Inherent risks also include acts or omissions of other Students or Students, the condition of equipment or property, even if properly maintained; weather conditions (such as lightning strikes, sunburn, rain or hail storms, tornadoes and the like), contact with plants, animals or insects, the risk of My Child or other Students engaging in unauthorized activities, My Child’s physical condition(s) or My Child’s own acts and omissions, conditions or roads, trails, waterways or terrain, the administration and availability of first aid and emergency treatment and consumption of food or drink by My Child. My Child further acknowledges that the inherent risks associated with activities at the Youth Buses for Life, including hiking, backpacking, swimming and canoeing cannot be comprehensively described as part of this document.
2. Assumption of Risks. I hereby release, waive and discharge the Roman Catholic Diocese of Ogdensburg’s Youth Buses for Life, its employees and agents from liability claims and demands of negligence on the part of the Youth Buses for Life, its employees and agents arising in connection with the participation in the Youth Buses for Life pilgrimage, including, but not limited to, those risks described in paragraph one (1) above; providing, however, that this waiver and release does not include injury, damage, or loss as a result of the gross negligence of the Youth Buses for Life, its employees and agents.
3. Indemnification and hold harmless. I further agree to indemnify and hold harmless the Youth Buses for Life, its employees and agents, against all losses, damages, monetary awards and expenses, including all costs and attorney fees incurred in connection with any and all claims of negligence on the part of the Youth Buses for Life, its employees and agents, brought by My Child, his/her heirs, successors, assigned and legal representatives for any injury, death, illness, disease or damage to property, arising from or connected with participation in any activity of the Youth Buses for Life. The indemnification and hold harmless agreement does not include losses, damages, monetary awards and expenses as a result of the intentional or reckless acts of the Youth Buses for Life, its employees and agents.
4. Miscellaneous. The parties agree that the provisions of this “Waiver and Release of Liability; Indemnification and Hold Harmless Agreement” (“Agreement”) shall be deemed severable and that the invalidity or unenforceability of any one or more of the provisions or clauses hereof shall not affect the validity or enforceability of the other provisions or clauses hereof except as specifically set forth herein. The terms of this Agreement constitute the entire agreement and understanding between the parties. This Agreement is made pursuant to and shall be construed under the laws of the State of New York.
5. Opportunity to Negotiate. You are encouraged to carefully review the contents of this Agreement and take the necessary time to review it. DO NOT SIGN THIS AGREEMENT UNLESS YOU UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. You may wish to consult an attorney. If you wish to negotiate any of the terms of this Agreement for modifications, deletions or additions, please contact the Roman Catholic Diocese of Ogdensburg Respect Life Director (“Director”) at (315) 393-2920 ext. 1415 prior to signing and executing this Agreement. If you do not contact the Director prior to signing and executing this Agreement, the Youth Buses for Life understands that you are accepting the terms and conditions as set forth above, and that you do not wish to pursue any further negotiations regarding the terms and conditions of this Agreement.