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.
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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.