RELEASE AND WAIVER OF LIABILITY ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT (“AGREEMENT”)
In consideration of being permitted to participate in any way in a Kids, Incorporated activity ("activity") I, for myself, for personal representatives, assigns, heirs, and next of kin:
1. Acknowledge, agree, and represent that I understand the nature of Kids, Incorporated activities and that I am qualified, in good health, and in proper physical condition to participate in such activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activity.
2. Fully understand that: (a) Kids, Incorporated activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death ("risks"); (b) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the activity, the condition in which the activity takes place, or the negligence of the "releasees" named below; (c) there may be other risk and social and economic losses either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my participation or that of the minor in the activity.
3. Fully understand that: a) participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and SARS Coronavirus. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, b) I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releasees or others, and assume full responsibility for my participation; and, I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
4. Hereby release, discharge, and covenant not to sue Kids, Incorporated, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which the activity takes place, (each considered one of the "releases" herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the "releasees" or otherwise, including negligent rescue operations and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement I, or anyone on my behalf, makes a claim against any of the releasees, I will indemnify, save, and hold harmless each of the releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
Facilities owned by Kids, Incorporated are maintained including the proper use of disinfectants and sanitizers for the safety of entrants to our buildings and/or attendance to sponsored events in our facilities. We do not guarantee our facilities, or facilities we use for our programs that are owned by other entities, are risk free from any micro-organisms such as germs, viruses, bacteria, molds, fungi, etc..
I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
As the minor’s parent and/or legal guardian, I understand the nature of Kids, Incorporated activities and the minor’s experience and capabilities and believe the minor to be qualified, in good health, and in proper physical condition to participate in such activity. I hereby release, discharge, covenant not to sue, and agree to indemnify and save and hold harmless each of the releasee’s from all liability claims, demands, losses, or damages on the minor’s account caused or alleged to be caused in whole or in part by the negligence of the "releasees" or otherwise, including negligent rescue operation and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the releasees named above, I will indemnify, save, and hold harmless each of the releasees from any litigation expenses, attorney fees, loss liability, damage, or cost any may incur as the result of any such claim.
The parent/guardian signature on this form also permits Kids, Incorporated to use still photography and/or video originating from our sporting events or contracted agents for promotional purposes to include, but not limited to, television and various forms of visual print media and/or social media.
At any time prior to, or during the season, Kids, Incorporated may request proof of eligibility (grade and/or age) for any participant.