In consideration for receiving permission to BE ON PREMISES AND/OR PARTICIPATE IN ACTIVITIES at Expeditionary Adventures LLC, Camp Anothen LLC, and/or Anothen Preschool, LLC (together referred to as “Camp Anothen”) (hereinafter the “Event, Activity or Activities”), I, on behalf of myself and any minor child/children for whom I have the capacity to contract, hereby acknowledge and agree to the following: This Voluntary Waiver and Release Agreement (“Agreement) is hereby executed by the undersigned, or if the undersigned is under the age of 18 years, the undersigned’s parent or legal guardian (together with any heir, successor, representative or assign, collectively as “Participant”) in favor and for the sole and exclusive benefit of Camp Anothen (as defined herein). In connection with Participant’s involvement in any activity which may take place at Camp Anothen or which involves the use of Camp Anothen or any of the facilities at by Camp Anothen, including, without limitation, any preschool activities, camp activities (hereinafter referred to as an “event, activities or activity”), Participant hereby certifies, warrants, represents, agrees, and covenants to Camp Anothen (individually and collectively, together with each of their respective affiliates, officers, employees, partners, shareholders, members, board members, sponsors, volunteers, tenants, contractors, agents, successors, and assigns, “Camp Anothen”), that he/she is: (1) FREE OF ANY MENTAL OR PHYSICAL CONDITION, AILMENT OR INJURY (MEDICAL OR OTHERWISE) WHICH WOULD, IN AND OF ITSELF OR IN CONJUNCTION WITH ANY OTHER CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO THOSE ACTIVITIES ASSOCIATED WITH THE ACTIVITY, (i) IMPAIR, PREVENT OR PROHIBIT PARTICIPANT FROM ENGAGING IN SUCH ACTIVITIES OR (ii) BE AFFECTED, AGGRAVATED OR WORSED IN ANY WAY AS A RESULT, DIRECTLY OR INDIRECTLY, OF PARTICIPANT’S INVOLVEMENT IN SUCH ACTIVITIES; (2) OF SOUND, MIND AND BODY, AND NOT UNDER THE INFLUENCE OF ALCOHOL OR ANY ILLICIT OR PRESCRIPTION DRUG OR MEDICATION WHICH MAY IN ANY WAY IMPAIR PARTICIPANT’S ABILITY TO ENTER INTO THIS AGREEMENT , FULLY UNDERSTAND THE RESPECTIVE INTENT AND MEANING OF ALL OF THE TERMS AND PROVISIONS HEREOF AND TO PARTICIPATE IN THE ACTIVITIES; (3) ENTERING INTO THIS WAIVER AND RELEASE AGREEMENT VOLUNTARY, BY PARTICIPANT’S OWN FREE WILL, ACT AND DEED, WITHOUT ANY UNDUE INFLUENCE FROM CAMP ANOTHEN OR ANY OTHER THIRD PARTY. ASSUMPTION OF RISK PARTICIPANT AGREES THAT HE/SHE IS PARTICIPATING IN AN INDOOR/OUTDOOR ENVIRONMENT AND DERIVES MATERIAL BENEFIT FROM THE ACTIVITIES AND/OR PARTICIPANT’S INVOLVEMENT THEREIN. BY EXECUTION OF THIS AGREEMENT, PARTICIPANT AGREES AND ACKNOWLEDGES THAT THE ACTIVITIES INVOLVE PROLONGED EXPOSURE TO THE OUTDOORS, STRENUOUS ACTIVITY, GROUP ACTIVITIES and CLASSES WHICH MAY BE POTENTIALLY HAZARDOUS, AND PARTICIPANT HEREBY ASSUMES ALL RISKS ASSOCIATED WITH PARTICIPATING IN BUT NOT LIMITED TO FALLS, CONTACT WITH OTHER PARTICIPANTS, THE EFFECTS OF WEATHER AND THE CONDITION OF SURFACES, TREES, ROCKS, UNEVEN TERRAIN, CONTACT WITH ALL KINDS OF ANIMALS and PLANTLIFE such as but not limited MAMMALS, BIRDS, REPTILES, FISH, AMPHIBIANS; POSSIBLE PARTICIPANT CONTACT ALSO INCLUDES TOXIC PLANTS like, but not limited to POISON IVY, INSECTS, MICROSCOPIC ORGANISMS, AIRBORNE AND WATERBORNE PATHOGENS. COVID 19 I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from me or my child/children being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children for whom I have the capacity to contract) Camp Anothen, its owners, officers, directors, agents, employees, volunteers and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result mine or my child/children being on the premises and participating in the Activities.

Covid 19

 I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from me or my child/children being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children for whom I have the capacity to contract) Camp Anothen, its owners, officers, directors, agents, employees, volunteers and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result mine or my child/children being on the premises and participating in the Activities. 

Water Play

WATER PLAY I understand and give consent for my child to participate in the following water activities: -Water table play -Sprinkler play -Splashing pool -Puddles -Mud -Sand and Streams FURTHERMORE, PARTICIPANT EXPRESSLY AND UNCONDITIONALLY ASSUMES ALL RISKS AND DANGERS KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, AND RELATING OR INCIDENTAL TO PARTICIPANT’S INVOLVEMENT IN THE EVENT AND ANY ACTIVITY ASSOCIATED THEREWITH. PARTICIPANT HEREBY RELEASES, FOREVER DISCHARGES AND HOLDS HARMLESS CAMP ANOTHEN FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COST, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND OR NATURE, ARISING OUT OF OR RELATING TO PARTICIPANT’S INVOLVEMENT IN THE EVENT AND ALL ACTIVITIES ASSOCIATED THEREWITH. Each Participant understands that by clicking and enrolling each Participant covenants and agrees that such Participant, as well as such Participant’s heirs, executors, administrators, successors and assigns, will never institute any suit or action at law, or otherwise, against Camp Anothen, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages, cost, loss of service, expenses or compensation for or on account of any damage, loss or injury either to Participant’s person or property, or both, which may result from the Participant’s participation in the Event or any other Event associated therewith. Each Participant agrees to defend and hold Camp Anothen harmless from any loss or damages, including attorney’s fees and cost, sustained by Camp Anothen, because of any Participant’s rescission of this Agreement or breach of its covenants or agreements contained in this paragraph. 

Medical Attention

Participant agrees that during the Event, Camp Anothen is authorized to secure appropriate medical attention for participant in the event of an accident, illness, or injury. Participant shall be responsible for all cost of medical treatment provided. Participant shall be covered by a health insurance policy obtained by participant at Participant’s sole cost and expense and shall provide Camp Anothen with a copy of Participant’s insurance card at registration. 

Image Release

Participant further agrees that Camp Anothen shall have the right to record, broadcast and otherwise exploit in all media throughout the world Participant’s activity/performance in the Event and to use Participant’s name, likeness, voice and biographical information in connection therewith. If any provision of this Agreement shall for any reason be held invalid or unenforceable, such as invalidity or unenforceable shall not affect any other provision hereof and this Agreement shall be constructed as if such invalid or unenforceable provision were omitted. 

Governing Law

The validity, interpretation, construction and enforcement of this Agreement shall be governed and controlled by the laws of the State of Texas, without regard to that State’s rules with respect to choice of law. THE WAIVER AND RELEASE GRANTED BY PARTICIPANT HEREUNDER IS LEGALLY BINDING AND SHALL BE CONSIDERED IRREVOCABLE. PARTICIPANT AGREES THAT CAMP ANOTHEN MAY RELY UPON THIS AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE AT LAW OR IN EQUITY.