PARTICIPANT AGREEMENT
(INCLUDING ACKNOWLEDGMENT OF OUTING MEMBER RESPONSIBILITY, EXPRESS ASSUMPTION OF RISK, INDEMNITY, RELEASE OF LIABILITY, AND PERMISSION TO PARTICIPATE)
This Participant Agreement (the “Agreement”) is entered into by and between The Woods Project, Inc. (“TWP”), the student participating in TWP’s programming (the “Participant”), and the Participant’s parent or legal guardian (collectively, “Parent”) (TWP, Participant, and Parent collectively referred to as the “Parties”). The term of this Agreement is from October 1, 2025 to September 30, 2026 (the “Term”).
Please read the Agreement carefully. The Agreement contains information about TWP’s in-person and online programming (“Outing” or “Outings”) and may limit the legal rights of Participants and their families in the event of an injury or other loss. Participant and Participant’s Parent must sign this Agreement. Participants aged 18 and over (“Adult Participants”), including adult volunteers, must sign this Agreement on their own behalf. If the Participant is under the age of 18 (“Minor Participant”), a Parent must sign and agree on the Parent’s behalf and, if allowed by law, on behalf of the Minor Participant. Minor Participants must sign to reflect only that they have read and understand this Agreement. If a Minor Participant becomes an adult (18 years or older) during the Term of this Agreement, that Participant’s continued participation in the Outings will confirm that the Participant intends to continue to be bound by this Agreement as executed by their Parent below, as though the Participant, now an adult, agreed to those terms on the Participant’s own behalf. All Outings during the Term are subject to the terms of this Agreement. In the event a person signing below is reading this document in a language other than English, and a conflict in terms arises, the document in English will control.
In consideration of TWP’s services as set forth herein, I, an Adult Participant or Parent, for myself and on behalf of the Minor Participant, if any, acknowledge and agree as follows: I have reviewed TWP’s program information provided in “The Woods Project Program Information” handout and online at
www.thewoodsproject.org, and I have discussed the Outings and any concerns I might have with representatives of Participant’s school and/or with TWP representatives. My questions have been fully addressed, and I understand the Activities and Risks of TWP Outing(s) as set forth in this Agreement.
ACTIVITIES. The Activities performed during TWP Outings include, but are not limited to, travel by automobile and airplane, hiking and backpacking at altitude, swimming or wading in bodies of water (including lakes and streams), canoeing, kayaking, rafting, other water-based activities, rock climbing, horseback riding, challenge courses, service projects, and walking over uneven terrain and in areas of high vehicle traffic. All Activities may involve the use of tools and equipment including axes, shovels and other tools. The Activities will take place during in-person programming at Participant’s school, in and around the Greater Houston Area, and in remote, wilderness areas, which may include mountainous areas. Activities may also include Participants using online platforms and applications such as SMS-Magic, Zoom, Microsoft Teams, Google Classroom, the Remind app, Instagram, YouTube, Flipgrid, iNaturalist, and various other social media and online platforms.
RISKS. The TWP Activities identified above may expose Participants to, among other hazards and risks, personal/bodily injury, illness, contagious disease, property damage, and death (collectively, “Injuries”). The Risks include, but are not limited to, potential exposure to harmful plants and animals, as well as other persons who might cause harm. The Risks also include exposure to automobile traffic on streets, roadways, and walkways. Online activities include the risk of hacking of personal computers. I understand that TWP cannot and will not provide constant and total supervision over Participants and that Participants have responsibilities for their own welfare. Injuries and other losses may be caused by, among other things, the failure of gear, the forces of nature (including weather, terrain, altitude, and water features), and careless conduct of Outing members, Outing leaders, instructors, sub-contractors, volunteers, assistants, other Participants, or third parties. I understand that Participants may be required to exercise extra care for themselves due to these hazards. I further understand that Outings may occur in remote places where rescue, medical facilities, medical providers, or expertise may be hours or days away. I understand that hazards and risks, foreseen or unforeseen, are inherent in the Outings and that they cannot be eliminated without destroying the unique character of the Outings.
Contagious Disease. The threat of COVID-19 and other contagious diseases has made necessary certain program and operating changes for the protection of Participants and others. Participants must be free of contagious (or communicable) disease and follow TWP instructions regarding spacing, sanitation, masking, and any other precautions being implemented by TWP at that time.
TWP will contract from time to time with companies and individuals for the performance of certain services (collectively “Contractors”). TWP does not control the Contractors or the manner, means, methods and details in which the Contractors conduct their services. The Contractors, NOT TWP, are responsible for the manner, means, methods, and details in which the Contractors perform their services. Any claim of loss arising from the acts or omissions of Contractors in the performance of their services must be directed to the Contractor and resolved by the Participant and his or her family directly with the Contractor, NOT TWP.
ASSUMPTION OF RISKS. I expressly assume the risks of participation in any Outings, inherent or otherwise, and whether or not described in this Agreement. If the Participant is under the age of 18, I, Parent, acknowledge that I have discussed the Activities and Risks and other provisions of this Agreement with the Minor Participant, and the Minor Participant fully understands and accepts them.
AGREEMENTS OF RELEASE AND INDEMNITY.
TO THE FULLEST EXTENT ALLOWED BY LAW, I, ADULT PARTICIPANT OR PARENT (FOR MYSELF AND ON BEHALF OF THE MINOR PARTICIPANT), AGREE TO WAIVE, DISCHARGE, RELEASE, DEFEND, AND HOLD HARMLESS THE WOODS PROJECT, INC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND VOLUNTEERS (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL LIABILITY, INCLUDING COSTS, EXPENSES, CLAIMS, LIENS, CITATIONS, PENALTIES, FINES, ATTORNEY'S FEES, LOSSES, AND DAMAGES FOR WHICH AN INDEMNIFIED PARTY MAY AT ANY TIME BECOME LIABLE AS A RESULT OF OR ARISING OUT OF THIS AGREEMENT, MY OR THE MINOR CHILD’S ENROLLMENT OR PARTICIPATION IN ANY TWP OUTING, OR RELATED, IN ANY WAY TO BODILY INJURY, SICKNESS, DEATH OR PROPERTY DAMAGE.
THESE AGREEMENTS OF RELEASE AND INDEMNITY INCLUDE LOSS, DAMAGE, OR EXPENSE CLAIMED TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY THE PARTICIPANT’S BECOMING INFECTED BY, OR, WITH RESPECT TO INDEMNITY, INFECTING OTHERS WITH, A COMMUNICABLE DISEASE, INCLUDING COVID-19 OR VARIANT THEREOF.
THESE AGREEMENTS OF RELEASE AND INDEMNITY INCLUDE CLAIMS OF NEGLIGENCE (BUT NOT CLAIMS OF GROSS NEGLIGENCE OR INTENTIONALLY WRONGFUL CONDUCT) OF AN INDEMNIFIED PARTY. THESE AGREEMENTS DO NOT APPLY TO INJURIES OR OTHER LOSSES WHICH OCCUR ON FEDERAL LANDS, INCLUDING THE LANDS OF THE NATIONAL PARK SERVICE, TO THE EXTENT RULES OR REGULATIONS GOVERNING THE USE OF SUCH LANDS PROHIBIT THEIR APPLICATION AS A MATTER OF LAW.
I UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISKS AND AGREEMENTS OF RELEASE AND INDEMNITY
ARE BINDING UPON MY, AND THE MINOR PARTICIPANT’S, HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS.
CONTRACT DOCUMENTS. The following documents are incorporated into this Agreement as if set out verbatim herein or attached hereto:
1. This Agreement
2. The Woods Project Program Information
3. Health Information Form
4. Licensed Practitioner Release Form (for Summer Outing Participants only)
5. Student Rights and Responsibilities Contract
6. Parent/Guardian Responsibility Agreement (for Summer Outing Participants only)
7. Consent to Travel Form (for Summer Outing Participants only)
8. Emergency Contact Pickup Authorization (for Summer Outing Participants only)
OTHER PROVISIONS.
• I have read all rules and conditions applicable to Outings made available to me (including such information as may be posted at www.thewoodsproject.org); and I acknowledge that the leaders of Outings may expel Participant from Outings if Participant does not follow those rules and conditions or for any other reason he or she, in their sole discretion believes to be in the best interests of the Outing. I understand that if a Participant is expelled from the Outing, he or she may not be escorted beyond the airport closest to the Outing by the Outing leader or an adult designated by the Leader. (TWP will make every reasonable effort to escort Minor Participants to their departure gate or as close to their departure gate as airport regulations allow.) I will be responsible for any expenses involved in my or the Minor Participant’s expulsion and travel home. This limitation of responsibilities notwithstanding, I understand that TWP expects to cooperate with me in making appropriate travel arrangements for my Minor Participant.
• Outings begin and end at the times and/or location(s) designated by TWP. Unless otherwise expressly stated by TWP, Outings do not include carpooling, transportation, or transit to and from the Outing, and Participants are personally responsible for all risks associated with this travel. This does not apply to transportation provided by TWP as a scheduled feature of the Outing.
• If I or the minor Participant decide to leave the Outing early and to not complete the Outing as planned, I assume all risks related to the Participant’s decision to leave and waive all claims of liability against TWP arising from that decision.
• I give permission for my or the Minor Participant’s image, including video and audio, and/or words, to be recorded, and to appear on any medium of communication (for example, radio, television, newspapers, Facebook or other online media, brochure, or website) as a means of promoting TWP’s program. Further, I authorize TWP to share Participant contact information with other parties with whom TWP has contracted for services to TWP Participants.
• As part of TWP’s effort to help Participants stay connected, TWP may reach out to students, including minors, by email, texts, applications such as SMS-Magic, Remind, and telephone calls to update them on our current and future programs, and for pre-trip check ins. By signing below, an Adult Participant or Parent, for themselves and for a Minor Participant, consents to TWP’s contacting my Minor Participant by email, texts, and telephone to engage them in online and in-person programming.
• TWP is evaluating its program and wishes to survey each Participant and Parent to improve Participant’s program experiences. Participation in the survey is encouraged but not required. By signing below, a Participant or parent/guardian, for themselves and for a minor Participant, consents to participation in the survey and TWP’s use of information provided in the survey, as described above, without compensation and waiving any claims against TWP, or any other person or entity, arising from the use of the information.
• Except as otherwise provided below, the laws of the State of Texas (not including such laws as might apply the laws of another jurisdiction) shall apply to the interpretation of this Agreement and to any dispute between me, or the Minor Participant, and an Indemnified Party. If a complained-of loss occurs in the State of California, or otherwise pertains to an Outing in California, the laws of California shall apply, not including such laws as might apply the laws of another jurisdiction. The exclusive venue for any mediation, arbitration or court proceeding in any way relating to this Agreement or an Outing shall be Houston, Harris County, Texas. This Agreement is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of the Agreement is held to be invalid or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.
MEDICAL INFORAMATION AND CONSET TO TREAT
I have provided medical information to TWP for myself or, if applicable, for the Minor Participant. If any of the medical information provided has changed during the Term of this Agreement, I understand it is my responsibility to ensure that TWP acknowledges in writing such change prior to the Outing. I understand that this medical information may be used at the discretion of TWP to disqualify Participants from taking part in in-person Outing(s).
I, Parent, give my permission for the Minor Participant for whom I sign below to go on the Outing. I further consent and allow the Outing leader, or someone authorized by them and bearing this document to administer first aid and/or secure medical attention for myself or my Minor Participant as the Outing leader or other authorized person bearing this Agreement deems appropriate. I understand that efforts will be made to contact me if medical treatment should be needed for my Minor Participant. I will bring or ensure that my Minor Participant brings, any necessary medications on the Outing. Prior to the Outing, I agree to fully disclose to TWP all of my or my Minor Participant’s known medical conditions, allergies, and prescribed medications.
As per Texas Administrative Code (TAC) Title 25, Part 1, Chapter 40, Sub Chapter C, The Woods Project personnel and/or trained volunteer leaders acting on behalf of The Woods Project, may administer epinephrine via an undesignated Epinephrine auto injector to an individual using professional judgment if an individual is experiencing a potentially life-threatening allergic reaction (anaphylaxis).
This Agreement and the Contract Documents constitute the entire agreement between the Parties with respect to the subject matter herein, and it is expressly understood and agreed that there are no other agreements or promises by and between the Parties. Any additions or changes to this Agreement shall be in writing and signed by the Parties to this Agreement. This Agreement shall not create any third-party beneficiaries or third-party obligations enforceable against TWP.