We are deeply committed to every child’s safety and carefully assess and manage danger in all of our activities. However, we recognize that there are risks inherent in any youth activity. Each child must submit this completed form in order to participate in a Nature Class.
In exchange for participation in the activity of Nature Class organized by Jennifer Lasiter, and/or use of the property, facilities and services of Jennifer Lasiter, I agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Jennifer Lasiter, or the employees, representatives or agents of Jennifer Lasiter.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Jennifer Lasiter for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Jennifer Lasiter, whether caused by the fault of myself, my family, Jennifer Lasiter or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Jennifer Lasiter against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Jennifer Lasiter.
4. FEES. I agree to pay for all damages to the facilities of Jennifer Lasiter caused by any negligent, reckless, or willful actions by me or my family.
5. CONSENT. I agree on behalf of the below minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of said minor.
6. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
7. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Jennifer Lasiter has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
8. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other statute or common law principles of similar effect.
9. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
Acknowledgement of Risk and Consent for Treatment:
I acknowledge that there are risks inherent in any youth program, including by not limited to injury arising from: participation in physical activity; participant’s failure to follow instructions given by Tinkergarten teachers; communicable illness; and independent acts of third parties not under the control of the Tinkergarten instructors. I acknowledge that all risks cannot be prevented, and assume those beyond the control of Jennifer Lasiter. In order to minimize risks to my child or other participants, I will take responsibility to see that my child is prepared for all activities and is in good health each day of class. In case of medical emergency, I understand that every reasonable attempt will be made to contact me, my family physician, or the emergency contact named below. However, in the event that I or my named contacts cannot be reached, I give my permission to the adults in charge of the Tinkergarten program to secure emergency medical treatment for my child. I agree to pay for any charges for emergency medical treatment that are not covered by my personal health insurance. This acknowledgement applies for one year after the date below.