Retreat Responsibility Agreement

I, the undersigned, understand that there are risks and dangers inherent in participating in activities of The O’Flaherty Irish Music Retreat (Classes, Concerts, Workshops, Sessions) and The Salvation Army Hoblitzelle (Trail Rides, Paintball, Ropes Course or any other recreational activities to include but not limited to swimming, fishing, team building, longhorn feedings, etc.), hereinafter referred to as “Activity”, which may include transportation, for a time period of up to one year. I also understand that in order to be allowed to participate in this Activity and associated Activities, I must agree not to hold The O’Flaherty Irish Music Retreat and The Salvation Army liable for any injury or damage which I may suffer while participating in any Activity or going to/from any Activity.

Knowing this, and in consideration of being permitted to voluntarily participate in any Activity, and recognizing the charitable nature of both The O’Flaherty Irish Music Retreat and The Salvation Army, I hereby voluntarily release The O’Flaherty Irish Music Retreat and The Salvation Army from any and all liability resulting from or arising in any manner whatsoever out of any participation in any Activity.

• I understand and agree that I am releasing not only The O’Flaherty Irish Music Retreat and The Salvation Army, but also its officers, agents, volunteers and employees. I understand and agree that this waiver/release will have the effect of releasing, discharging, saving and forever relinquishing any and all actions or causes of action that I may have or have had, whether past, present, or future; whether known or unknown, and whether anticipated or unanticipated by me, whether through acts or omissions by The O’Flaherty Irish Music Retreat and The Salvation Army’s personnel or other unrelated third parties or other participants.
  
  
• I understand and agree that this waiver/release will be binding on me, my spouse, my heirs, my personal representatives, my assignees, my children, and any guardian ad litem for said children.
  
  
• I understand and agree that by signing this waiver/release, I am assuming full responsibility for any and all risk of death or personal injury or property damage suffered by me while participating in any Activity, including but not limited to health care expenses.
  
  
• I understand and agree that by signing this waiver/release, I am agreeing to release, indemnify and hold The O’Flaherty Irish Music Retreat and The Salvation Army, its officers, agents, volunteers or employees harmless from any and all liability or costs, including attorney’s fees, associated with or arising from my participation in any Activity.
  
  
• I UNDERSTAND THAT THIS IS A LEGAL DOCUMENT.
  
  
• I acknowledge that I have read this waiver/release agreement and that I understand the words and language in it. I understand there are potential dangers incidental to participating in any activity and going to/from any activity. I execute it voluntarily and with full knowledge of its meaning and significance.

Consent to Publication by The Salvation Army (Photography, Film, Text, Audio)

• I hereby irrevocably grant to The O’Flaherty Irish Music Retreat and The Salvation Army, its successors and assigns, its agents and those by whom it is commissioned, the absolute, unrestricted and unlimited license, right, permission, and consent to use and reuse, disseminate, copyright, print, reproduce, publish and republish, for any and all trade purposes or commercial or other advertising or public purposes, and in any and all advertising, publicity, display, publication or media, my name, signature and likeness, and any portraits, pictures, photographic prints or other representations of me, or in which I may appear, or any reproductions or sketches thereof or parts thereof, photographic or otherwise, with such additions, deletions, alterations or changes therein as you in your discretion may make, either separately or together with my name or a fictitious name, or the name of another person, with or without any statements or testimonials made by me, or authorized by me which you may, in your discretion, prepare for use in connection therewith. I warrant that I have not limited or restricted the use of my name or photograph to the use of any organization or person.
  
  
• I hereby grant unrestricted use of audio tracks or text by The O’Flaherty Irish Music Retreat and The Salvation Army for such purposes as The O’Flaherty Irish Music Retreat and The Salvation Army may deem appropriate.
  
  
• I hereby release and discharge The O’Flaherty Irish Music Retreat and The Salvation Army, its successors, assigns and agents from any and all claims and demands arising out of or in connection with the use of any of the foregoing, including any claims for defamation, invasion of privacy or violation of any statutory right.
  
  
• I understand that The O’Flaherty Irish Music Retreat and The Salvation Army is not responsible for private individuals placing photos on Facebook or other such media.

Waiver of Liability Relating to COVID-19

The novel Coronavirus/COVID-19, has been declared a worldwide pandemic by the World Health Organization. Coronavirus/COVID-19 is reported to be extremely contagious. COVID-19 spreads when an infected person breathes out droplets and very small particles that contain the virus. These droplets and particles can be breathed in by other people or land on their eyes, noses, or mouth. In some circumstances, they may contaminate surfaces they touch. People who are closer than six feet from the infected person are most likely to get infected.

COVID-19 is spread in three main ways:

• Breathing in air when close to an infected person who is exhaling small droplets and particles that contain the virus.
• Having these small droplets and particles that contain virus land on the eyes, nose, or mouth, especially through splashes and sprays like a cough or sneeze.
• Touching eyes, nose, or mouth with hands that have the virus on them.

People reportedly can be infected and show no symptoms and therefore spread the disease. Evidence has shown that Coronavirus/COVID-19 can cause serious and potentially life[1]threatening illness and even death.

The Salvation Army Hoblitzelle Camp & Conference Center and the O’Flaherty Irish Music Retreat have put in place preventative measures to help reduce the spread of Coronavirus/COVID-19. However, The Salvation Army Hoblitzelle Camp & Conference Center and the O’Flaherty Irish Music Retreat cannot guarantee that you or your children will not become infected with Coronavirus/COVID-19 or prevent you, or your children, from becoming exposed to contracting, or spreading Coronavirus/COVID-19 while utilizing The Salvation Army Hoblitzelle Camp & Conference Center’s and the O’Flaherty Irish Music Retreat’s services or premises.

Further, utilizing these services or premises could increase your risk and/or your children’s risk of contracting Coronavirus/COVID-19. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize The Salvation Army Hoblitzelle Camp & Conference Center’s and the O’Flaherty Irish Music Retreat’s services or premises, you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.

By signing this waiver, I affirm and attest that:

• I am not diagnosed with Coronavirus/COVID-19;
• I am not currently experiencing or displaying, and have not in the last 14 days experienced or displayed, any of the following symptoms: cough, shortness of breath, difficulty breathing, fever, chills, muscle pain, headache, sore throat, or new loss of taste or smell;
• I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19, including anyone who was experiencing or displaying any of the symptoms listen in item (b );
• I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19; and
• I will practice safe social distancing and clean hygiene while utilizing The Salvation Army Hoblitzelle Camp & Conference Center’s and the O’Flaherty Irish Music Retreat’s services or premises.
• I will comply with additional requirements set by the O’Flaherty Irish Music Retreat in following CDC guidance relative to its services.

Assumption of Risk: I have read and understood the above warning concerning Coronavirus/COVID-19. I hereby choose to accept the risk of contracting Coronavirus/COVID-19 for myself and/or my children in order to utilize The Salvation Army Hoblitzelle Camp & Conference Center’s and the O’Flaherty Irish Music Retreat’s services and/or premises. These services are of such value to me and/or my children, that I accept the risk of being exposed to, contracting, and/or spreading Coronavirus/COVID-19 in order to utilize The Salvation Army, Hoblitzelle Camp & Conference Center’s services and the O’Flaherty Irish Music Retreat’s and/or premises.

Waiver of Lawsuit/Liability: I hereby forever release and waive my right to bring suit against The Salvation Army Hoblitzelle Camp & Conference Center and the O’Flaherty Irish Music Retreat and their officers, directors, managers, officials, trustees, agents, employees, or other representatives (Collectively “Released parties”) in connection with exposure, infection, and/or spread of COVID-19 related to utilizing The Salvation Army Hoblitzelle Camp & Conference Center’s and the O’Flaherty Irish Music Retreat’s services and/or premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen, or unforeseen.

Indemnity: I also agree that in exchange for utilizing The Salvation Army Hoblitzelle Camp and Conference Center’s and the O’Flaherty Irish Music Retreat’s services and/or premises I will indemnify, defend and hold harmless the Released Parties from any and all claims that arise directly or indirectly from Coronavirus/COVID-19 as a result of my and/or children’s utilization of The Salvation Army Hoblitzelle Camp and Conference Center’s and the O’Flaherty Irish Music Retreat’s services and/or premises.

Choice of law: I understand and agree that the law of the State of Texas will apply to this contract.

I have carefully read and fully understand all provisions of this release, and freely and knowingly agree to the consents within and assume the risk and waive my rights concerning liability as described above: