The following is the hold harmless agreement you'll sign on the first day. Please read it and let me know if you have any questions to help the first class check-in go more quickly. FIREFLY VALLEY: PARTICIPATION WAIVER I, the undersigned, acknowledge that the participation by the below-listed individual(s) in the camps, classes, events, or programs operated or conducted by Firefly Valley Design and Consulting, LLC ("Firefly Valley") is completely voluntary and that I (and each such minor participant or their other guardian(s)) will have entered onto the property located at 25 Central Ave, Asheville, including all parking and roadway areas adjacent thereto used in drop-off or pick-up (the "Property") voluntarily for such purposes, at my own risk, as outlined below. ASSUMPTION OF RISK Verify (initial here): ____I acknowledge and understand that there are numerous risks associated with participating in Firefly Valley’s activities on the Property, which include, but are not limited to: the use of a trampoline, rope swings, pottery wheels, sharp tools or heated implements, and exposure to water. I acknowledge that equipment used in these activities may break, fail, or malfunction and cause injury; and that some of the equipment used in activities may cause injuries even when used as intended. There are also inherent risks related to the contraction of various communicable or transferrable illnesses, viruses or bacteria, including but not limited to COVID-19, and risks associated with the negligence of other guests and third parties. These are some, but not all, of the risks inherent in Firefly Valley’s activities; a complete listing of inherent risks is not possible and some risks cannot be anticipated. I acknowledge that Firefly Valley and Ona J. Armstrong and Jeffrey J. Armstrong (the "Owners") cannot prevent any person or participant from becoming exposed to, contracting, or spreading COVID-19, or from any other inherent risk of harm. On my own behalf and on behalf of any minor participants, if applicable, I expressly acknowledge the above-noted risks and voluntarily assume full responsibility for any loss, illness, physical injury or harm to myself, my child, and any guests or other invitees accompanying us on the Property. I hereby authorize the staff of Firefly Valley to act according to their best judgment in any situation requiring medical attention for a participant. I further understand that my child/children and I are expected to follow all public health related guidance. RELEASE OF CLAIMS Verify (initial here):____On my own behalf and on behalf of the child/children named in this registration and our respective heirs, agents and assigns, I HEREBY WAIVE AND RELEASE ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, COSTS, LOSSES, EXPENSES AND LIABILITIES (“CLAIMS”), WHETHER ON BEHALF OF THE CHILD/CHILDREN NAMED IN THIS REGISTRATION OR FOR MY OWN BENEFIT, AGAINST THE OWNERS OF THE PROPERTY, FIREFLY VALLEY, OR ITS STAFF, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, THAT MAY ARISE FROM MY PARTICIPATION IN ANY CLASSES OR FROM MY CHILD'S PARTICIPATION IN CAMP ACTIVITIES ON THE PROPERTY, INCLUDING (WITHOUT LIMITATION) ANY CLAIMS ALLEGING NEGLIGENCE BY THE OWNERS, FIREFLY VALLEY, THE CAMP, OR ITS STAFF, EMPLOYEES, AND AGENTS, to the fullest extent allowed under the law. If any aspect of this waiver and release agreement is deemed to be invalid, I acknowledge that the remainder of the agreement will continue to have full force and effect. I further agree to indemnify, defend and hold harmless the Owners, Firefly Valley, and its past and present officers, managers, owners, successors and assigns, for any and all Claims or causes of action arising out of my or my child's/children's presence on the Property or my or their participation in the classes, camps, programs, events and activities operated by Firefly Valley, including payment of reasonable defense costs. Firefly Valley and the Owners do not accept any responsibility for damage to or loss of personal property left at the Property prior to, during, or after any class or camp activities, and the undersigned acknowledges that they (or their child/children) are solely responsible for any such damage or loss of personal property suffered by the undersigned, their child/children, such child's/children's other parent or guardian, or their invitees, unless such damage is caused by the willful misconduct of Firefly Valley or the Owners. MEDIA RELEASE & FIREFLY VALLEY RIGHTS Verify (initial here): ___I understand and agree that Firefly Valley (including its staff, employees and agents) can take and use photos, video and audio recordings of any participant, which may be released and made publicly available on the internet or via other media outlets, without my further consent and without compensational obligation. I also acknowledge and agree that my child/children and I (and any other guardian) are not allowed to take, and shall not take or transmit, any photographs, video, or audio recordings of other children or other participants without their express consent. Upon Firefly Valley’s request, I agree to delete and/or remove such content from any outlet. Firefly Valley reserves the right to expel or to deny re-enrollment of any participant if, in Firefly Valley’s sole and absolute discretion, such action is warranted to ensure a positive, safe and constructive environment, although Firefly Valley will strive to follow a "three strikes" policy and will communicate with the parents/guardians regarding any such strikes. If a participant is expelled or refused re-enrollment, any fees paid for unused days, if applicable, would be refunded.---------------------------------------------------------------------------------------------------------------------Participants (or parents) must sign this form annually. Please direct questions to Ona. I have carefully read this agreement and fully understand its contents as an assumption of risk, waiver and release of liability. I am aware that its terms are contractual and not a mere recital, and I sign it of my own free will, intending to be bound hereby. I agree, notwithstanding the principles of conflicts of law, that the internal laws of the State of North Carolina shall govern and control the validity, interpretation, performance and enforcement of this agreement. Print Participant Name(s): Age(s): Date: Signature(s):______________________ _______ __________ ____________________________________________________ _______ __________ ____________________________________________________ _______ __________ ______________________________For minor participant(s): I, the undersigned, represent and warrant that I (A) am eighteen (18) years of age or older and am under no legal incapacity to execute this agreement and to be bound by its terms, and (B) am the parent, guardian, or am otherwise responsible for such minor child(ren) and am signing on my own behalf and on behalf of my minor child(ren). Parent/Guardian Name(s): Child(ren): Date: Signature: *
