Waiver of Liability

 Print the waiver below or have one mailed to you if you prefer to have it filled out when you arrive. Waivers are available on site.

Please read this material carefully and be prepared to sign the printed form upon arrival.

For the protection of all, the following release form is required.  Although the legal words make it lengthy, the simple idea is to recognize that activities, including handling art materials, playing games, swimming, and horseback riding can result in injuries or even death.  By signing, you acknowledge that such risks exist and that the pleasure of the activities is worth the risks and that you will not sue for any damages.

Please be reassured that we have staff in place to make the activities as safe as possible, but accidents are a possibility in life's activities.  You have the choice to opt out of any activities and will note those on the enrollment form.

This form is printed here so that you can read and be comfortable with it before the first day of camp where it will be available for you to sign.  


RELEASE 

ART and MORE Camp

3731 McReynolds Avenue, Modesto, CA 95357   (209) 551-2308

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT


READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT.  YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS.  BY SIGNING THIS AGREEMENT, YOU (AND YOUR CHILD) ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE POOL LIFEGUARD, HORSE TRAINER/INSTRUCTOR, THE Art and More CAMP, ITS OWNERS Chad and Cheryl Brown, EMPLOYEES AND AGENTS (“THE RELEASEES”).

I, ___________________________ (and my minor child/ren _______________________________) (hereinafter the “Undersigned”) reside at (Street Address) ________________________________________, in (City) ____________________, (State, Zip) ____________  (Emergency Phone ___________________).

In consideration for allowing me (and/or my minor child) to enter the Art and More premises, handle art materials, swim, use the pool slide, use the playground equipment, participate in sports and games, and to handle and ride a horse, and on behalf of myself, my child or our personal representatives, heirs, next-of-kin, spouses and assigns, THE UNDERSIGNED HEREBY:

1. Acknowledge that injury may occur to the Undersigned in the course of activities, including, but not limited to handling art materials, encountering uneven or slippery footing, encountering animals and reptiles on the property, using horses, the pool, water slide, play equipment, and playing games and sports alone or with other campers.

2. Acknowledge that a horse may, without warning or any apparent cause, buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person’s feet, push or shove a person, saddles or bridles may loosen or break–all of which may cause the rider to fall or be jolted resulting in serious injury or death to the Undersigned or any person within close proximity of a horse.

3. ACKNOWLEDGE THAT HORSEBACK RIDING, THE HANDLING OF A HORSE OR BEING IN CLOSE PROXIMITY TO A HORSE IS AN INHERENTLY DANGEROUS ACTIVITY AND INVOLVES RISKS THAT MAY CAUSE SERIOUS INJURY AND IN SOME CASES DEATH because of the unpredictable nature and irrational behavior of horses, regardless of their training or past performance.

4. Voluntarily assume the risk and danger of injury or death inherent in activities such as listed in  #1 above and in handling or riding of a horse, or being in close proximity to a horse, or on the premises, or the failure to wear a protective helmet when riding a horse, and use of saddles, bridles, equipment and gear provided to me by Releasees. _______Please initial

5. Acknowledge that we have our own medical insurance which we will use to cover any injures that occur while on the premises of 3731 McReynolds Avenue, Modesto, CA.  ______Please initial

6. RELEASE, DISHARGE AND PROMISE NOT TO SUE the Releasees for any loss, damage, injury (including death) or cost to me or my child’s arising out of Camp activities such as listed in #1 above, and the handling or riding of a horse or being in close proximity to a horse or on the premises of the Camp or the failure to wear a protective helmet when riding a horse, and use of saddles, bridles, equipment and gear provided by Releasees.

7. Release the Releasees from any claim that such Releasees were negligent in connection with my or my child’s Camp activities such as listed in #1 above and riding a horse including but not limited to training or selecting horses, maintenance, care, fit or adjustment of saddles or bridles, instruction on riding skills or leading and supervising riders or the use of any equipment provided by the Releasees, including playground and pool, or being on the premises of the Camp, which resulted in loss, damage, injury or death.

8. INDEMNIFY, AND SAVE AND HOLD HARMLESS the Releasees from and against any loss, liability, damage or cost they may incur arising out of or in any way connected with either my or my child’s activities such as listed in #1 above and handling or riding a horse or being in close proximity to a horse or on the premises or the failure to wear a protective helmet when riding a horse and/or and use of saddles, bridles, equipment and gear provided therewith from or contributed to by my or my child’s own negligence.

9. Agree to abide by and follow any instructions given or rules established by the Releasees or any of its employees, lifeguards, instructors or wranglers with regard to my or my child’s activities, swimming, and riding or handling of the horse or being in close proximity to a horse or on the premises or the failure to wear a protective helmet when riding a horse or any saddles, bridles, equipment and gear provided therewith.

10. Agree that the Undersigned has read and understands the following language of Section 1542 of the California Civil Code which provides, “A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him, must have materially affected his settlement with the Debtor.” Having reviewed this provision, the Undersigned nevertheless voluntarily releases the Releasees from all liability for claims arising out of the matter set forth herein.  The Undersigned understands the word “claims” to include all actions, claims and grievances, whether actual or potential, known or unknown and specifically but nonexclusively, all claims arising out of the matters set forth herein.  All claims are forever barred by this release without regard to whether those claims are based on the alleged breach of duty arising under contract or in tort or any other claims or cause of action.

11. The Undersigned expressly agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity agreement is governed by laws of the State of California and is intended to be as broad and inclusive as is permitted by California law, and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable for any reason, the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.

12. Acknowledge that this document is a contract and agree that if a lawsuit is filed against Art and More or its owners, agents, employees, lifeguards, instructors or wranglers for any injury or damage in breach of this contract, the Undersigned will pay all attorney’s fees and costs incurred by Art and More in defending such an action.

13. IT IS RECOMMENDED THAT I, MY CHILD, AND ALL RIDERS WEAR A PROTECTIVE HELMET.  IT IS MY UNDERSTANDING THAT A PROTECTIVE HELMET IS AVAILABLE AND HAS BEEN OFFERED FOR MY OWN OR MY CHILD’S SAFETY.

I (AND FOR MY CHILD) DECLINE TO WEAR A HELMET (PLEASE INITIAL HERE): __________

I have read this document. I understand it is a promise not to sue and to release and indemnify the Trainer, Instructors, Lifeguard, Art and More, its owners, employees and agents for all claims.  I have made a free and deliberate choice to sign the Release and Waiver as a condition to Releasees allowing me or my child to participate in Art and More activities, swim, and ride or handle a horse.  I have concluded that the risks involved and the Release and Waiver of liability are worth the pleasure of the activities and horseback riding experience and acknowledge that the same is valuable consideration for this Release and Waiver of Liability.

SIGNATURE __________________________        DATE  _______________

Email if interested in camp notifications ___________________________________

                                                                          

You may use this link to print out the form and mail it or bring it to camp already signed:

https://docs.google.com/document/d/1qJI9xDB2nvGxLx87GEeNBj-801kw4uILKjwTf_RV0zQ/edit?usp=sharing

Home Page 

Horse/Swim Enrollment Form 

Code of Conduct 

 

NOTE: An Enrollment Form and Waiver of Liability are all required to be signed by a parent  or guardian. 

The Code of Conduct is required for Full Day participants.