PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS.
I, the undersigned visitor (hereinafter referred to as “Visitor,” “Participant,” or “I”), have voluntarily requested access to and/or use of the facilities, grounds, and amenities of St. Mary & St. Moses Abbey (hereinafter referred to as “Abbey”), located at 101 South Vista Drive, Sandia, TX 78383 (hereinafter referred to as “Property”). In full and complete consideration for being granted access to the Property, now or at any future time, I knowingly, voluntarily, and with full understanding of the consequences, agree to be bound by the terms and conditions set forth in this Agreement.
ASSUMPTION OF RISK, LIABILITY WAIVER, AND RELEASE OF ALL CLAIMS ACKNOWLEDGMENTS:
SECTION 1: DESCRIPTION OF ACTIVITIES AND PROPERTY
The Abbey is a religious retreat facility that provides visitors with access to its grounds, chapel, guest rooms, common areas, dining facilities, walking trails, gardens, and other amenities and spaces. Activities available to visitors at the Property may include, but are not limited to: spiritual retreats, prayer services, religious observances, meditation, walking, hiking on trails, interaction with Abbey animals and livestock, use of outdoor areas and grounds, participation in communal gatherings, and all other activities associated with a religious retreat environment (collectively, “Activities”).
SECTION 2: ASSUMPTION OF RISK
I fully understand and acknowledge that my presence at and participation in Activities at the Abbey Property involves and may expose me to certain inherent risks, dangers, and hazards, which include but are not limited to:
- Slipping, tripping, or falling on uneven terrain, wet or slippery surfaces, stairs, walkways, grounds, gardens, and outdoor areas;
- Injuries arising from contact with or proximity to animals, including Abbey livestock and any wildlife present on or near the Property;
- Injuries resulting from outdoor activities including walking, hiking, or navigating trails, fields, and natural areas;
- Exposure to extreme weather conditions, including heat, cold, rain, lightning, and other environmental hazards;
- Illness, sickness, or disease, including communicable diseases or viruses, whether known or unknown at the time of visit;
- Injuries sustained from contact with structures, buildings, fixtures, equipment, or furnishings on the Property;
- Loss of or damage to personal property, including theft, misplacement, or damage while on the Property;
- Medical or physical conditions, pre-existing or otherwise, that may be aggravated or triggered by activities or conditions at the Property;
- Catastrophic injury, disability, or death resulting from any of the foregoing or any other risks inherent to the use of the Property and participation in Activities;
- Any other loss, personal injury, sickness, death, damage, or expense arising from Inherent Risks, whether known or unknown, foreseeable or unforeseeable.
All of the risks described above and any other risks inherent to visiting and using the Property shall be collectively referred to as “Inherent Risks.” I hereby voluntarily and knowingly accept and assume, on behalf of myself and my heirs, successors, and assigns, all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks, whether or not caused by the negligence of the Abbey or any of its members, employees, agents, or representatives.
SECTION 3: WAIVER, RELEASE, AND DISCHARGE OF ALL CLAIMS
In consideration of being permitted to access the Property and participate in Activities, I, on behalf of myself and my personal representatives, heirs, executors, administrators, successors, and assigns, do hereby irrevocably and unconditionally release, waive, discharge, and forever hold harmless St. Mary & St. Moses Abbey, its monastic community, including all monks, novices, oblates, and residents; its directors, officers, employees, volunteers, agents, representatives, insurers, successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, losses, liabilities, costs, expenses, and attorney’s fees of any kind or nature whatsoever, whether known or unknown, foreseen or unforeseen, arising out of or in any way relating to:
- My presence on or use of the Abbey Property;
- My participation in any Activities offered at or associated with the Abbey;
- Any personal injury, sickness, illness, disease, disability, death, or loss suffered by me;
- Any damage to or loss of my personal property while at or traveling to or from the Abbey;
- Any travel to or from the Abbey Property in connection with my visit;
- Any act or omission, whether negligent or otherwise, by the Released Parties in connection with the operation, maintenance, or supervision of the Property or Activities.
THIS RELEASE INCLUDES CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES, to the fullest extent permitted by applicable law. I expressly intend this release to be as broad and inclusive as permitted by the laws of the State of Texas.
SECTION 4: INDEMNIFICATION AND HOLD HARMLESS
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, suits, judgments, damages, losses, costs, and expenses, including reasonable attorney’s fees, arising out of or related to: (a) my use of the Property or participation in any Activities; (b) any breach of this Agreement by me; (c) any negligent, reckless, or wrongful act or omission by me; or (d) any claims asserted by third parties arising from my conduct while on the Property.
SECTION 5: COVENANT NOT TO SUE
I hereby covenant and promise, on behalf of myself and my heirs, successors, and assigns, not to initiate, file, or maintain any lawsuit, legal action, or proceeding of any kind against any of the Released Parties arising out of or related to the Inherent Risks, my use of the Property, my participation in Activities, or any injury, loss, or damage I may sustain in connection therewith.
SECTION 6: VISITOR RESPONSIBILITIES AND REPRESENTATIONS
I represent, warrant, and agree as follows:
- I am in adequate physical health and condition to visit the Abbey and participate in any Activities I choose to engage in;
- I will comply with all rules, guidelines, and instructions established by the Abbey for the safety and order of the Property;
- I will conduct myself in a respectful and responsible manner consistent with the spiritual and religious nature of the Abbey;
- I will immediately report any unsafe condition, accident, or injury to Abbey staff;
- I accept sole responsibility for any decision to participate in any Activity that I know or should know involves risk of personal injury, property damage, or death.
SECTION 7: MEDICAL TREATMENT AUTHORIZATION
In the event of any accident, injury, or medical emergency involving me while at the Abbey Property, I hereby authorize the Abbey and its representatives to contact emergency medical services on my behalf. I acknowledge that the Abbey is under no obligation to provide medical care, and I assume all responsibility for all medical expenses and costs arising from any injury or illness I sustain while on the Property. The Abbey shall not be liable for any costs, expenses, or consequences arising from such emergency medical response.
SECTION 8: SEVERABILITY
If any provision of this Agreement is found to be void, invalid, unenforceable, or contrary to applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed from this Agreement, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any one provision shall not affect the validity or enforceability of the remainder of this Agreement.
SECTION 9: GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of the State of Texas sitting in Jim Wells County or San Patricio County.
SECTION 10: ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between myself and the Abbey with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, representations, or agreements, whether oral or written. This Agreement may not be modified except in a written document signed by an authorized representative of the Abbey.
ACKNOWLEDGMENT AND VOLUNTARY AGREEMENT
BY SIGNING BELOW, I CERTIFY AND ACKNOWLEDGE THAT:
- I HAVE READ THIS ENTIRE AGREEMENT CAREFULLY AND UNDERSTAND ITS CONTENTS;
- I UNDERSTAND THAT THIS AGREEMENT WAIVES SIGNIFICANT LEGAL RIGHTS, INCLUDING MY RIGHT TO SUE THE ABBEY FOR NEGLIGENCE;
- I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, WITHOUT DURESS OR UNDUE INFLUENCE;
- I AM OF LEGAL AGE (18 YEARS OR OLDER) AND HAVE FULL LEGAL CAPACITY TO ENTER INTO THIS BINDING AGREEMENT; AND
- I HAVE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO SIGNING THIS AGREEMENT.
I have read and understood this Agreement and enter into it voluntarily in consideration of the opportunity to participate at the Abbey. I acknowledge I am giving up legal rights and/or remedies which may be available to me.
