RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMINITY AGREEMENT

(Hereinafter referred to as the “Release Agreement”)

BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY!

TO: Timothy Woo, his agents, employees, volunteers, successors and assigns (all of whom are hereinafter collectively referred to as the “RELEASEES”).

DEFINITION: In this Release Agreement, the term “Activities” shall include all activities and use of equipment or services provided, arranged, organized, conducted, sponsored or authorized by the RELEASEES in association with my child’s, or the minor child for whom I am legally responsible, (hereinafter “My Child”) participation in any Golden Acorn Mentoring program.

ACKNOWLEDGEMENT OF SAFETY: I acknowledge that the Activities involve both classroom type activities and outdoor activities, some of which may also involve the use of materials and equipment. I am aware that there may be guides or instructors available to answer any questions that My Child may have as to the proper use of the equipment. I am aware that the Activities will expose My Child to play and physical interaction with other children and that the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions or congenital defects. I acknowledge that I should seek medical advice if I know or suspect that My Child’s physical conditions may be incompatible with the Activities.

ASSUMPTION OF RISK: I am aware that Activities involve many risks, dangers and hazards including but not limited to: changing weather conditions; falling tree limbs; falling from play equipment, collision with other children; and NELIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT MY CHILD FROM THE RISKS, DANGERS AND HAZARDS OF ACTIVITIES. I AM AWARE THAT PARTICIPATION IN THE ACTIVITIES IS ENTIRELY VOLUNTARY AND I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH ACTIVITIES. I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THERE FROM, AND ELECT TO ALLOW MY CHILD TO PARTICIPATE IN THE ACTIVITIES IN SPITE OF SUCH RISKS, DANGERS AND HAZARDS. 

In consideration of the RELEASEES allowing My Child to participate in the Activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have and to release the RELEASEES and their volunteers, guides or other representatives from any and all liability for any loss, damage, expense or injury that My Child may suffer due to any cause whatsoever, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE (INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c.337, ON THE PART OF THE RELEASEES; AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT MY CHILD FROM THE RISKS, DANGERS AND HAZARDS OF ACTIVITIES REFERRED TO ABOVE.

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party, including My Child, resulting from My Child’s participation in the Activities;
3. That this Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives;

4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia;

5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia; and

6. In entering into this Release Agreement, I am not relying upon any oral or written representations or statements made by the RELEASEES other than what is set forth in this Release Agreement.

I AM NOT RELYING UPON ANY ORAL OR WRITTEN REPRESENTATION OR STATEMENTS MADE BY THE RELEASEES WITH RESPECT TO THE SAFETY OF ACTIVITIES OTHER THAN WHAT IS SET FORTH IN THE RELEASE AGREEMENT. I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXCUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

If any provision of this Release Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach to only such provision or part thereof and the remaining part of such provision and all other provisions hereof with continue in full force and effect.

INFORMED CONSENT

TO: Timothy Woo, his agents, employees, successors, assigns, volunteers, guides and representatives, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Woo”).

THIS IS NOT A WAIVER AND SIGNING THIS FORM DOES NOT WAIVE YOUR CHILD’S LEGAL RIGHTS. THIS INFORMED CONSENT AND ACKNOWLEDGMENT OF RISK FORM IS AN AGREEMENT BETWEEN THE CUSTODIAL PARENT/GUARDIAN OF THE YOUTH PARTICIPANT NAMED BELOW AND WOO. The intent of this form is to inform you of the activities and expectations of the programs we arrange so that the choice to participate in any program is made freely and with understanding of the associated benefits, risks and responsibilities.

PLEASE READ CAREFULLY

I understand that the Activities in which my child, or the minor child for whom I am legally responsible, is intending to participate in, may expose participants to risks and hazards, some of which are inherent in the very nature of the Activities, and others which may result from human error and negligence on the part of Woo or persons involved in organizing, staging and/or operating the Activities. I understand that as a result of these risks and hazards, my child or the minor child for whom I am legally responsible, may suffer personal injury, as well as property loss. My decision to consent and permit my child, or the minor child for whom I am legally responsible, to participate in the Activities, is made freely and voluntarily and with understanding of the associated risks and hazards. I understand that Woo would not permit my child and/or the minor child for whom I am legally responsible to participate in the Activities unless I signed this informed consent.

COVID-19 DECLARATION STATEMENT

In the interest of all members and staff at Golden Acorn Mentoring, you are required to complete this declaration to the best of your ability and knowledge.

Please answer all of the questions below. When you are done, please sign at the bottom of the document.

Assumption of the Risk and Waiver Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

Golden Acorn Mentoring has done its best to put in place preventative measures to reduce the spread of COVID-19; however, Golden Acorn Mentoring cannot guarantee that you will not become infected with COVID-19. Further, attending Golden Acorn Mentoring programs could increase your risk of contracting COVID-19.

By signing this agreement, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you and your child may be exposed to or infected by COVID-19 by attending a Golden Acorn Mentoring program and that such exposure or infection may result in personal injury, illness, permanent disability and death. You understand the risk of becoming expose to or infected by COVID-19 at Golden Acorn Mentoring which may result from the actions, omission, or negligence of your child and others, but limited to, Golden Acorn Mentoring employees and program participants.

If you are in a high-risk category or take care of someone who is, we understand that having your child participate in an outdoor program at this time might not be appropriate. By allowing your child to attend, even with increased safety measures, you acknowledge and accept the additional risks associated with the global health pandemic, COVID-19. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with your child’s participation at Golden Acorn Mentoring (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless Golden Acorn Mentoring, its employees, agents and representatives, from the Claims. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Golden Acorn Mentoring, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during or after your child’s participation in any Golden Acorn Mentoring program.

By signing this document, you declare all statements are true and factual to the best of your knowledge.

MEDIA RELEASE FORM

I grant permission to Golden Acorn Mentoring to use images (photographs and/or video) that are taken of my child for use in social media publications.

I hereby waive any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the image.

I am the parent or legal guardian of the below named child. I have read this release before signing below, and I fully understand the contents, meaning and impact of this release.