Step 3: Legal & Safety Waivers

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The Kanakuk Institute is a Christian 501(c)(3) not-for-profit organization that provides an eight-month college graduate discipleship and leadership program (hereafter "KI" and/or "Program").  The KI grounds and facilities are located at 1773 Lake Shore Drive, Branson, MO 65616 (hereafter the "Property"). We consider our use of and care for the Property to be matters of stewardship of God’s gifts.

Terms & Conditions


  1. SPIRITUAL DISCERNMENT. The determination as to whether any particular guest (including a parent or legal guardian or a student) or use of Kanakuk Institute facilities complies with the Kanakuk Institute beliefs, policies, and mission requires spiritual discernment applied to each particular circumstance and shall be made in the sole discretion of the Kanakuk Institute leaders designated by the president of the board of directors. The Kanakuk Institute reserves the right, in its sole discretion, to refuse admission to any applicant for any lawful reason.

  2. COMMITMENT. Upon acceptance to the Program, I agree to follow KI's rules, found in the Student Handbook, Commitment to Excellence and Agreement to Beliefs and Policies,  both on and off campus, even if I do not personally agree with them

  3. CANCELLATIONS. In the event KI deems it necessary to cancel or significantly modify the Program for circumstances beyond its reasonable control, including without limitation, as a result of natural disaster, fire, flood, acts of war or terrorism, unforeseen restrictive gonvernmental laws or regulations, public health crisis including epidemic or pandemic, riot or other similar causes, KI will adjust the methods of teaching and coursework while maintaining the integrity of the Program. I understand I will remain solely responsible for my other costs incurred in connection with my participation in the Program including transportation, lodging, and incidental costs should they apply.

  4. DISMISSAL. I recognize the religious nature of KI and understand KI reserves the right, in its sole discretion, to isolate, remove, quarantine, and/or dismiss any student or guest (a) whose conduct or presence is deemed to pose a health risk or (b) who fails to follow rules or instructions, or (c) undermines the expression and exercise of KI's Christian community and mission. I understand that, should I be dismissed, no tuition refund will be made and I will be responsible for any expenses incurred by myself or by KI related to such dismissal (i.e. transportation, lodging, etc.).

  5. INCLEMENT WEATHER ATTENDANCE. I understand when there are hazards on campus such as ice, snow, inclement weather, etc. it is my decision to go to class or an Institute sanctioned event and, if there is inclement weather and I elect to attend class online that day, KI will not consider my physical absence in the classroom as absence. 

  6. PHOTOGRAPHS, OTHER IMAGES, AND PERSONAL INFORMATION. I understand photographs and video footage of students and/or their family members and guests may be used in KI materials, advertisements, publications, social media, and/or posted to the internet.  I waive any right that I may have to inspect or to approve the materials that KI may choose to publish.  I understand and confirm personal information provided in this agreement may be used by KI for ongoing ministry efforts of KI.

  7. PERSONAL ITEMS AND VEHICLES. I understand and agree that the Kanakuk Institute is not responsible for the loss or damage of personal items or vehicles.

  8. ACTIVITIES NOT COVERED. I agree and acknowledge that KI cannot and will not be responsible for my safety or well-being during any period in which I am not directly participating in the Program including off hours, breaks, and voluntary recreational activities (VRAs). I understand if I elect to participate in a VRA, I expressly agree and promise to accept and assume all risks associated with such participation and will be responsible for medical charges incurred.

ASSUMPTION OF RISK, WAIVER, AND RELEASE

In consideration of The Kanakuk Institute (“KI”) allowing me to participate in the Kanakuk Institute program (the “Program”), I, by my signature below, on behalf of myself, my children, my parents, my heirs, assigns, personal representative, hereby agree as follows:


  1. ASSUMPTION OF RISK. I acknowledge that participation in the Program involves known and unknown risks. I understand that such risks simply cannot be eliminated. I expressly agree and promise to accept and assume all risks existing as a result of my participation in the Program. I have elected to participate despite the risks and this decision is purely voluntary.

  2. ACTIVITY AND TRANSPORTATION RISK. As part of the Program, I understand that I may be participating in various athletic activities, serving on campus, in the community and in internships, and traveling and studying abroad. I also understand that Program activities may occur on property not owned or controlled by KI, and that various modes of transportation (e.g., buses, vans, etc.) may be used in transporting students to, or as part of, such activities.

  3. GROUNDS AND FACILITIES. I hereby assume all the risks or using Property grounds and related facilities and services provided by KI, and will hold harmless Owner and KI, and their respective representatives, employees, officers, directors, and agents from and against any and all liability, actions, demands, damages, expenses and costs (including, but not limited to, reasonable legal fees), claims, lawsuits of any nature whatsoever, causes of action of any possible nature in respect to injury, death, loss or damage to myself or property however caused as a result of or in any relating to my activities on the Property, around the Property, and in any way relating to my use of the Property and equipment, and my use of the services provided by KI. 

  4. RELEASE FROM PHYSICAL HARM FROM INJURY OR CONTAGIOUS DISEASE. I hereby voluntarily release KI from responsibility for my accidental physical injury, including death, illness, and/or harm related to the spread of infectious or contagious diseases to me while participating in the program and following participation in the program, and also including harm related to the spread of infectious or contagious diseases to others including family members.

  5. MEDICAL NEEDS. I understand and agree that KI does not have medical personnel available at the Property. I understand KI assumes no liability for any medical, hospital, or other health care provider and/or related expenses incurred by me while participating in the Program and I accept responsibility for all charges related to my medical care or treatment. I further understand I am responsible for providing health insurance coverage.

  6. NEGLIGENCE WAIVER. WITH THE EXCEPTION OF KANAKUK INSTITUTE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, I HEREBY VOLUNTARILY RELEASE, WAIVE, AND FOREVER DISCHARGE ANY AND ALL CLAIMS OF NEGLIGENCE AGAINST THE KANAKUK INSTITUTE, ITS BOARD OF DIRECTORS, EMPLOYEES, VOLUNTEERS, AND ALL OTHER PERSONS OR ENTITIES ACTING ON ITS BEHALF THAT RELATE IN ANY WAY TO MY PARTICIPATION IN THE PROGRAM. I FURTHER AGREE TO REIMBURSE THE KANAKUK INSTITUTE FOR ATTORNEY FEES INCURRED RELATED TO ENFORCING THIS NEGLIGENCE WAIVER PROVISION.

  7. THIRD-PARTY INDEMNIFICATION. In the event I cause or contribute to cause injury or loss to another person or property, I agree to indemnify, defend, and hold KI harmless against any and all claims and expenses (including reasonable attorney fees) arising from such incident(s).

  8. JURISDICTION. If, despite the signing of this Agreement, I file a claim against KI, I agree to do so solely in the courts located in Taney County, Missouri, and I further agree that the substantive law of Missouri shall apply without regard to conflict of law rules. I agree if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

  9. ACCURACY OF INFORMATION. The information I have provided on the application, agreement, and required documents is true and complete to the best of my knowledge. Any misrepresentation or omission of any fact in my application, other materials, or during any interviews can be justification for refusal of admission, or if admitted, expulsion from the Kanakuk Institute.

  10. PRIOR AGREEMENT SUPERSEDED. The Student Agreement replaces and supersedes in its entirety any and all prior Student Agreements, if any, with respect to the Kanakuk Institute academic year covered by this Agreement. 

By signing this AGREEMENT which includes TERMS AND CONDITIONS, ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT, I expressly state that I have had sufficient opportunity to read it in its entirety.  I further certify that I have read and understood it, and I agree to be bound by its terms.


I further acknowledge that this document contains a waiver of negligence provision.

 

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