PLEASE READ CAREFULLY. THIS DOCUMENT EFFECTS YOUR LEGAL RIGHTS AND IS LEGALLY BINDING. BY SIGNING THIS AGREEMENT YOU ARE RELEASING [ORGANIZATION] FROM ALL LIABILITY AND FOREVER GIVING UP ANY CLAIMS THEREFORE
I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with my child (the “Participant”) participating in Evelyn Nichols, Mighty Bambinis and Mighty Bambinis School Inc (the “Program”), an outdoor educational program that occurs in Location is communicated to families and coordinated on a weekly basis (the “Venue”). In consideration of my child being permitted to participate in the Program and all related activities (the “Program Activities”)
I, in my legal capacity as the parent/guardian of the minor named below ('Minor'), acknowledge and agree that any use of Mighty Bambinis's facilities, services, equipment and premises ('Facilities') and any participation in Mighty Bambinis's programs and activities ('Programs') comes with inherent risks including, but in no way limited to: (1) moderate and severe personal injury, (2) property damage, (3) disability, (4) death, and (5) sickness or disease. I voluntarily, for myself and Minor, accept and assume full responsibility for these risks as well as any and all other risks of the use of Facilities and participation in Programs. I agree that I have full knowledge of the nature and extent of all such risks and am not relying on all such risks being described in this document.
Waiver, Release, Indemnification & Covenant Not to Sue
In consideration of Minor's use of Facilities and participation in Programs I, in my legal capacity as parent/guardian of Minor, agree on behalf of myself and Minor that Mighty Bambinis, it's officers, directors, agents, employees, volunteers, insurers, partners, program sites and representatives ('Releasees') will not be liable for any personal injury, property damage, disability, death, sickness or disease incurred by Minor, however occurring including, but not limited to, the negligence of Releasees. I understand that Minor and I will be solely responsible for any loss or damage, including personal injury, property damage, disability, death, sickness or death sustained from the use of Facilities and participation in Programs.
I further agree, in my legal capacity as the parent/guardian of Minor, on behalf of Minor, myself, and any and all legal successors and proxies, to release and HEREBY DO RELEASE, WAIVE AND COVENANT NOT TO SUE Releasees from any causes of action, claims, suits, liabilities or demands of any nature whatsoever including, but in no way limited to, claims of negligence, which Minor, myself, and any and all legal successors and proxies may have, now or in the future, against Releasees on account of personal injury, property damage, disability, death, sickness, disease or accident of any kind, arising out of or in any way related to the use of Facilities or participation in Programs, whether that participation is supervised or unsupervised, however the injury or damage occurs, including, but not limited to, the negligence of Releasees.
Dangerous Activity. I agree and acknowledge that participating in activities in the outdoors carries risks. I understand and agree that neither my child’s actions, nor the actions of any other person (including other Students), can necessarily be controlled, and that my child’s safety and health cannot be guaranteed while participating in the Program and related activities or visiting the Venue.
Consent to Medical Treatment. I consent for my child to receive first aid, medical and/or surgical treatment, or any other services rendered to my child in the event of an injury, accident, or illness my child incurs during my child’s direct or indirect involvement with the Program Activities. I agree and acknowledge that the Released Parties are under no obligation to provide such medical treatment. I acknowledge that any injuries that my child sustains may be compounded by negligent first aid or emergency response of the released parties or other individuals or medical or emergency personnel.
In the event that I cannot be reached in an emergency, I hereby give permission to the physician selected by the camp director to secure and administer treatment, inclulding hospitalization, for the named person. This completed form may be photocopied for trips out of camp.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
I understand and agree to abide by any restrictions placed on my activity at camp.
Assumption of Risks. Understanding, acknowledging and agreeing to all the risks and hazards involved with the Program Activities, I freely and voluntarily choose to allow my child to participate in the Program Activities, travel to, enter and use the Venue, and I hereby voluntarily and expressly agree to accept and assume all risk of loss, damages, theft, injury or death that may occur to my or my property as a result of or incident to my child’s participation in the program activities, including the risk my child may be injured by the actions of negligence of the released parties, other participants or other third parties while participating in the program activities or visiting, traveling to or from or using or visiting the venue. I understand and agree that by agreeing to this Agreement, I am assuming full responsibility for any and all risk of death, serious personal injury, temporary or permanent disability, or property loss and/or damage suffered by my child or my property in connection with the Program Activities or while visiting, traveling to or using the Venue. I understand and agree that this Agreement will be binding on me, my spouse (or registered domestic partner), my guardians and my child’s guardians, the executors or administrators of my estate or my child’s estate, my heirs or my child’s heirs, my child’s representatives, assigns, successors in interest, children, and any guardian ad litem for said children (collectively, the “Releasors”). I accept full and complete responsibility for the safety of myself, any guests, observers or other individuals who I have invited to the Venue, and property, and I assume the risk of damage, theft, loss or injury caused by others to me, my guests and property.
Liability Release and Waiver of Claims. On behalf of the Releasors and in consideration for being allowed to participate in the Program Activities and/or use of the Venue, I hereby waive, release and forever discharge any and all claims or causes of action, now or known in any jurisdiction throughout the world, against the released parties, including, without limitations, any bodily injury or disability, illness or disease, accident, death, financial loss, property loss, damage, destruction, delay, inconvenience or other harm or whatever nature that may be directly or indirectly related to, arising from or sustained from participation in the program activities and/or travel to or from or visit to or use of the venue or activities related thereto, negligent first aid or emergency response of the released parties or other negligent act or omission or breach of any express or implied warranty of any released parties or otherwise, provided that nothing in this Section 5 shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property. The claims released hereby include, but are not limited to, any claims I may now have or may hereafter acquire resulting from injury, death, or property damage sustained by me, my child, or to any property that I may own or have rented, leased or borrowed or have in my possession.
I expressly waive the provisions and protections of Section 1542 of the California Civil Code and any similar law of any jurisdiction. I understand that Section 1542 provides as follows:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
I expressly acknowledge and understand the significance, effects and consequence of a waiver of Section 1542 and hereby assume full responsibility for such a waiver.
Unpredictability of Cause; Personal Responsibility. I understand that injuries and harm may result from the Program Activities, including the acts or omissions of other persons, weather, ocean or water conditions, ground and environmental conditions and other causes not necessarily predictable or within anyone’s control. I agree and acknowledge that the Released Parties do not accept any responsibility for injury, illness, loss, or damages suffered by my child or me and that obtaining insurance to cover these risks is my own responsibility. I assume all risk of personal injury, sickness, or death, and damage to or loss of my child’s belongings and property, and any and all other delay, inconvenience, damage, loss or other expenses I may suffer as a result of or in connection with the Program Activities. I agree to be fully responsible for my child’s actions. I assume responsibility for my child’s safety and that of others, including injuries, property damage and harm, to the fullest extent possible and regardless of the acts or omissions of others.
Indemnification. I agree to indemnify, defend and hold harmless the released parties, jointly and severally, from and against any and all claims, actions, demands, rights, losses, costs, damages, expenses, settlements, judgments, causes of action and liabilities of any kind whatsoever, whether foreseen or unforeseen, including attorney’s fees, in law or in equity, arising out of or resulting from any claim related to my child’s participation in the program activities, including without limitation my breach of this agreement or the program activities rules and policies, or from any individual i invite to the program activities or venue or any other third party claim related to the program activities.
Promise not to Bring Suit. I hereby agree and covenant not to, and shall cause the Releasors not to, bring a claim against, sue, demand compensation from or attach the property or assets of the Released Parties or any of them, for any loss or damage arising or resulting from my participation in the Program Activities or my travel to or from or presence at the Venue, and forever release and discharge the Released Parties or any of them from liability under such claims
California Law, Jurisdiction. This Agreement shall be governed by and construed under the laws of the State of California, U.S.A., notwithstanding its conflict of law provisions. Any action or proceeding brought to enforce the terms of this Agreement or adjudicate any dispute arising out of this Agreement shall be exclusively brought in the County of San Francisco, State of California. The parties will not raise in connection therewith, and hereby waive, any defenses based upon venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action, suit or proceeding brought in the State of California. This Agreement fully, completely, and exclusively sets forth my agreement with the Released Parties on the matters set forth herein and may only be amended in a writing executed by both the Released Parties and myself.
I understand that the terms of this assumption of risk; waiver; and liability release mean that i am waiving certain important rights that i might otherwise have under California law.
Severability. In the event that any provision of this Agreement (or portion thereof) is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, such provision (or part thereof) shall be enforced or, if incapable of such enforcement, shall be deemed to be deleted from this Agreement, while the remainder of this Agreement shall continue in full force and remain in effect according to its stated terms and conditions.
I HAVE READ AND FULLY UNDERSTAND THE PROGRAM DETAILS, THE WAIVER AND RELEASE OF ALL CLAIMS FOR PARTICIPATION IN THE PROGRAM
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