PARENT AGREEMENT, LIABILITY WAIVER AND RELEASE
At the request of the undersigned (“Parent”) Need A Break, a Tennessee non-profit corporation (“Need a Break”), may provide temporary childcare, subject to the terms and conditions set forth herein. This agreement and the liability waiver and release shall be binding in connection with all services provided on the date of hereof and which may further be provided in the future.
1. Payment for services. Payment shall be due at the time services are provided, in accordance with Need A Break’s schedule of fees in effect at the time service is provided. All stays shall incur a minimum one-hour charge. NSF returned checks and credit/debit card chargebacks shall incur a $35 service fee. All unpaid amounts shall bear interest at 18% per annum. Parent agrees to pay reasonable attorneys fees, plus court costs and expenses incurred in the collection of any unpaid amounts.
2. Need a Break Policies. Parent agrees to abide by and comply with policies and procedures which may be posted or otherwise promulgated and communicated from time to time.
3. Continuing Liability, Waiver, and Release. To the fullest extent permitted by law, in consideration of Need a Break’s agreement to provide childcare services, and as an inducement to Need A Break to offer and provide the same now and in the future, Parent, for himself/herself, and spouse if any, and for the child or children for whom services may be provided (collectively, “I”), do hereby agree to the following:
a. I have notified Need A Break in writing of any and all of the named child/children’s medical conditions, allergies, special needs, and physical or emotional limitations, including any activities in which the named child/children cannot participate. I also agree that the named child/children may participate in the activities conducted by Need A Break except as stated herein. I understand that the activities provided by Need A Break may involve physical exertion and that participation could result in bodily injury or harm. I assume all risk.
b. To the fullest extent allowed by law, I forever release, remise, hold harmless, indemnify, and promise not to sue Need A Break, or any of their officers, directors, officials, managers, employees, subcontractors, or volunteers (collectively, “Indemnitees”) from and against any and all loss, damage, personal injury, wrongful death, liability, judgment, liens, suits, actions, costs, including but not limited to attorney fees, expenses, causes of action, and claims of any kind or nature that may arise in whole or in part from the childcare or activities provided by Need A Break, the negligence, gross negligence, or reckless acts or omissions of Indemnitees, or the condition of the premises. I further agree that to the extent that any provision of this Release is contrary to applicable law, such provision shall be construed or modified to create the greatest protection available to Indemnitees, or, if such construction or modification is impossible, shall be stricken, leaving all other provisions in full force and effect. Any and all notices are presumed effective if sent to me via mail and/or email at the physical address and email address provided herein. Any action brought against Indemnitees must be commenced within 6 months of accrual and shall only be brought in a court of competent jurisdiction in Williamson County, Tennessee, to be heard without a jury.
c. I have been given an opportunity to inspect the premises of Need A Break and found that it is safe and satisfactory for my child. I also have been given the opportunity to ask questions and obtain answers to my satisfaction regarding any and all aspects of Need A Break and this Release. By signing this Release, I have not relied on any promises or statements made by Need A Break other than those contained in written information supplied to me by Need A Break. I understand this Release will be kept on file at Need A Break and shall continue in effect for this and any future visits my child may make to Need A Break.
d. CONSENT FOR MEDICAL TREATMENT AND EMERGENCY INFORMATION
By signing below, I give consent to Need A Break to administer and/or obtain all necessary, emergency medical care for the named child/children in the event I cannot be reached or if a delay in my or my spouse reaching the named child/children would be dangerous for him/her. I further permit Need A Break to transport the named child/children to the following facility in the event of a medical emergency and myself or my spouse cannot be reached to make emergency medical decisions or arrangement:
I have read the above carefully and fully understand the content and consequences of this agreement and agree to abide by and be bound by the terms herein. I have read and understand the Need A Break parent handbook and shall abide by all guidelines and rules.