Liability Waiver, Release, and Indemnification Agreement
This Liability Waiver, Release, and Indemnification Agreement (“Agreement”) applies to all individuals participating in events, programs, retreats, or activities at Bethany Beach Center (also known as the Christian Church Conference Center or Bethany Beach Conference Center), a ministry and property of the Christian Church (Disciples of Christ) Capital Area, Inc. (“Bethany Beach Center”).
This Agreement applies to the group identified in the reservation or booking (“Group”) and all individuals associated with the Group, including but not limited to leaders, chaperones, participants, volunteers, and guests (collectively, “Participants”), for the duration of the Group’s use of the premises.
1. Independent Group Status and Responsibility
The Group acknowledges that it is an independent organization and is solely responsible for the planning, supervision, and conduct of all activities and Participants during its use of Bethany Beach Center.
Bethany Beach Center does not supervise, control, or direct the activities of the Group or its Participants, except for services expressly provided (such as lodging and food service). The Group assumes full responsibility for ensuring appropriate supervision, including for minors.
2. Assumption of Risk
The Group and all Participants acknowledge that participation in activities at Bethany Beach Center involves inherent risks, including but not limited to:
Personal injury, illness, or death
Slips, trips, and falls
Use of buildings, grounds, furnishings, and equipment
Recreational and group activities
Food-related risks, including allergies
Weather-related hazards
Coastal and ocean-related risks, including tides, currents, waves, rip currents, and changing beach conditions
Transportation to and from off-site locations
The Group and Participants voluntarily assume all such risks, whether known or unknown, except to the extent caused by the gross negligence of Bethany Beach Center.
3. Release of Liability
To the fullest extent permitted by law, the Group, on behalf of itself and all Participants, releases and discharges Bethany Beach Center; the Christian Church (Disciples of Christ) Capital Area, Inc.; its affiliated churches; and their respective officers, directors, employees, volunteers, and agents (collectively, the “Released Parties”) from any and all claims, demands, or causes of action arising out of or related to the use of the premises or participation in activities.
This release does not apply to claims arising from the gross negligence of the Released Parties.
4. Indemnification by the Group; Primary Responsibility
The Group acknowledges and agrees that it is primarily responsible for any and all claims, damages, losses, or liabilities arising out of or related to the acts or omissions of the Group or its Participants.
To the fullest extent permitted by law, the Group agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from:
The acts or omissions of the Group or its Participants
Failure to properly supervise Participants, including minors
Misuse of facilities or equipment
Violation of applicable laws or Center policies
The Group’s obligations under this Agreement shall apply regardless of whether the Group maintains insurance coverage.
5. Indemnification by Bethany Beach Center
To the fullest extent permitted by law, Bethany Beach Center agrees to indemnify and hold harmless the Group from claims arising directly from the gross negligence of Bethany Beach Center in the operation of its facilities.
6. Minor Participants
The Group acknowledges that minors may be present and agrees that it is solely responsible for their supervision, safety, and conduct.
The Group represents and warrants that:
Appropriate adult supervision will be provided at all times
All leaders and supervisors are qualified and appropriate for working with minors
Necessary parental or legal guardian consents have been obtained, including for participation and emergency medical treatment
Bethany Beach Center assumes no responsibility for the supervision or protection of minors.
7. Medical Authorization
In the event of illness or injury, the Group authorizes Bethany Beach Center staff to seek emergency medical treatment for Participants when immediate action is reasonably necessary.
The Group agrees to be financially responsible for any such medical care. Bethany Beach Center is not responsible for the quality or outcome of care provided by third-party medical providers.
8. Insurance
Bethany Beach Center does not provide medical, accident, liability, or personal property insurance for Participants.
The Group acknowledges that it is responsible for maintaining any desired or required insurance coverage. Policies are available at a low-cost from providers such as "EventSured.com".
To the extent the Group maintains insurance, such insurance shall be primary and non-contributory with respect to any insurance maintained by Bethany Beach Center.
Bethany Beach Center reserves the right to require proof of insurance as a condition of use of the premises.
9. Personal Property
Bethany Beach Center is not responsible for the loss, theft, or damage of personal property belonging to the Group or its Participants.
10. Compliance with Policies
The Group agrees to comply with all rules, policies, and instructions provided by Bethany Beach Center.
Failure to comply may result in removal from the premises without refund.
11. Prohibited Conduct
The Group agrees that all activities will comply with applicable laws and the standards of Bethany Beach Center.
Illegal activities, including the use of illegal drugs, are strictly prohibited. Any use of alcohol must comply with applicable laws and Center policies.
12. Refund Policy
The Group acknowledges that Bethany Beach Center maintains a separate Weather Cancellation and Refund Policy, which governs cancellations, rescheduling, and refunds.
The Group agrees to be bound by that policy as published at the time of the event. The current policy is available here: bethanybeachcenter.org/refunds
13. Limitation of Liability
To the fullest extent permitted by law, the total liability of Bethany Beach Center for any claims arising out of the Group’s use of the premises shall not exceed the total amount paid by the Group for use of the facilities.
14. Governing Law and Severability
This Agreement shall be governed by the laws of the State of Delaware.
If any provision is found to be unenforceable, the remaining provisions shall remain in full force and effect.
15. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements or understandings.
16. Acknowledgment and Acceptance
By signing below, the Group representative certifies that they:
Are authorized to bind the Group
Have read and understand this Agreement
Agree to its terms on behalf of the Group and all Participants
Will communicate these terms to all Participants
This Agreement may be executed electronically and shall be legally binding.
