I have voluntarily elected to allow the minor child identified above (hereinafter referred to as the “Child”) to participate in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri. Hereinafter, “Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri” refers to any and all physical, educational, and sporting activities performed during Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri, any and all activities relating to and arising out of Be Kind Be You Girls Empowerment formly known as Camp Lauri, and any and all equipment, including the use of such equipment, relating to, arising out of, or used in connection with Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri. I am entering into this Agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and collective issue, parents, siblings, heirs, assigns, personal representatives, estates, and anyone else who can make or file a claim by or through such person or persons (collectively, the “Releasing Parties”). In consideration for being allowed to participate in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri, and any and all other activities and services provided by Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri or its agents or employees, I represent, acknowledge and agree as follows:
1. GENERAL RELEASE
I acknowledge and agree this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Lauri Powell (hereinafter referred to as “Powell”) and Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri, and their respective and collective agents, officers, managers, affiliates, associates, volunteers, participants, employees, member organizations, insurers, attorneys, heirs, executives, administrators, successors, assigns, sponsors, and all other persons and entities acting in any capacity on their behalf (hereinafter collectively referred to as “Releasees”).
2. RELEASE OF POTENTIAL INJURIES
I acknowledge and agree participating in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri is inherently and obviously dangerous. These risks include serious physical or emotional injury; paralysis; death; damage to me, the Child, and third parties; and damage to the personal property of any and all such persons. Such risks cannot be eliminated without jeopardizing the essential qualities of Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri, which is for recreational purposes and completely voluntary. While Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri is monitored by Powell, it is not feasible for Powell to monitor the activities and actions of all participants at all times or all participants simultaneously. Powell has a difficult job to perform. Powell seeks safety but is not infallible. Powell might be unaware of a participant’s health or abilities. Powell might give incomplete warnings or instructions, and equipment being used might malfunction.
3. VOLUNTARY ASSUMPTION OF RISK
I acknowledge and accept that I and the Child are participating in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri voluntarily at our own risk. I acknowledge and agree the actions or activities of other participants in Camp Lauri or the actions or inactions of the Releasees could cause me or the Child significant bodily injury (as described in this Agreement), and that the Releasees, and each of them, are not responsible for the actions or activities of participants in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri or the negligence of employees supervising Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri, including actions, activities, or omissions that result in such harm. Some of the risks I and the Child voluntarily assume include, but are not limited to, the following:
a. Participants may die or become paralyzed, partially or fully, by participating in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri.
b. Participants may suffer cuts, scrapes, bumps, bruises, the transmission of disease strains, or allergic reactions by participating in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri or through contact with other participants or surfaces.
c. Participants may sprain, pull, break or otherwise seriously injure, internally and externally, their head, face (including nose, teeth, and jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts by participating in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri, landing improperly, or making contact with other participants.
d. Participants may suffer heat stroke, heart attacks, dehydration and other exertion-related medical events by participating in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri.
e. Participants may have medical conditions, limitations, or disabilities (whether temporary or permanent), whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of participating in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri.
f. Participants may fall on each other, resulting in broken bones and other serious injuries by participating in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri. The body movements of other participants (whether planned or unplanned) can create a rebound effect and lead to unpredictable body movements and anticipated or unanticipated bodily contact, any or all of which can lead to serious injury.
g. Traveling to and from one Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri activity or event to another can result in similar physical injury.
h. Observing, standing, sitting or taking photographs at or near any Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri activity can result in similar physical injury (even if the observer is not participating at the time).
4. VOLUNTARY ASSUMPTION OF RISK – CORONAVIRUS/COVID-19 (AND OTHER DISEASES AND VIRUSES)
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. Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri has put in place preventative measures to reduce the spread of COVID-19; however, Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri cannot guarantee you or the Child will not become infected with COVID-19. Further, participation in summer camp programs could increase you or the Child’s risk of contracting COVID 19. In consideration of the foregoing, on behalf of myself and the Child, I represent as follows:
a. I acknowledge the contagious nature of COVID-19.
b. I understand, acknowledge and agree there is a risk I and the Child will/may be exposed to or infected by COVID-19 at Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri.
c. I voluntarily assume the risk I and the Child may be exposed to or infected by COVID-19, Influenza, MRSA, or any communicable disease or virus (whether the exposure or infection occurs before, during, or after participating in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri), and that such exposure or infection may result in personal injury, illness, permanent disability, or death.
d. I and the Child have not experienced symptoms of feeling sick, fever, fatigue, sneezing, difficulty in breathing, or dry cough or exhibited any other symptoms relating to COVID-19 or any communicable disease within the last 14 days.
e. I have not, nor has the Child or any member of my household traveled, by sea or by air, internationally within the past 30 days.
f. I did not, nor did the Child or any member of my household, visit any area within the United States reported to be highly affected by COVID-19, in the last 30 days.
g. I have not, nor has the Child or any member of my household, been diagnosed with the COVID-19 virus within the last 30 days.
h. I and the Child consent to having our temperature checked upon arrival at Camp Lauri.
i. I and the Child will to the best our abilities follow all safety guidelines laid out by Camp Lauri and will attempt to practice safe social distancing and clean hygiene at all times during our participation at Camp Lauri. Failure to comply with provided safety guidelines will result in the Child being asked to leave the camp.
5. AGREEMENT TO PAY YOUR OWN MEDICAL EXPENSES
I acknowledge and agree Releasees are not responsible for the cost of any medical assistance (of any form, including emergency care, hospitalization, out-patient care, or physical therapy) required or performed as a result of any injury I or the Child sustain while participating in Camp Lauri, and that the entire cost of such assistance shall be at my own expense.
6. RELEASE OF LIABILITY
The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue the Releasees, and each of them, from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child’s participation in, entry into, or access to Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri; the, use, condition, maintenance or inspection of Camp Lauri’s equipment and facilities; supervision, control or security at Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri; the failure to warn of dangerous conditions in connection with Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri; and the acts or omissions of the Releasees, whether based in tort, contract (written, oral, express, or implied), or any federal, state, or local law, statute, or regulation, including, without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, exposure to and contraction of any disease, virus, or infection (whether the exposure or contraction occurs before, during, or after participation in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri), emotional injury, illness, bodily harm, paralysis, and death (collectively, the “Released Claims”). This release and waiver applies to and includes any and all activities I or the Child engage in relating to, in connection with, and arising out of Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri. This release and waiver applies to and includes all activities I or my Child engage in at any fields, premises, facility, or property Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri uses, whether inside or outside.
In the event one or more Released Claims is brought by, or asserted on behalf of one or more of the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Releasees, and each of them, from any loss or liability, including reasonable attorneys' fees, costs, and expert fees, associated therewith or arising therefrom. Should any of the Releasees or anyone acting on their behalf, be required to incur attorneys' fees and costs to enforce this Agreement, I agree to immediately indemnify and hold them harmless for and against all such attorneys’ fees and costs.
7. SECTION 1542 WAIVER
I AGREE: On behalf of myself and the Child, I knowingly and voluntarily waive all rights and benefits conferred upon us by the provisions of Section 1542 of the California Civil Code (or by any similar law or provision) which reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
8. ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM
I AGREE: I understand by agreeing to arbitrate any dispute as set forth in this section, I am waiving my rights and the rights of the Child and the other Releasing Parties to maintain a lawsuit against the Releasees for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand I will NOT have the right to have claims determined by a jury, the Child will NOT have the right to have claims determined by a jury, and the other Releasing Parties will NOT have the right to have claims determined by a jury. Reciprocally, the Releasees, by agreeing to arbitrate, waive their right to maintain a lawsuit against me, the Child, and the other Releasing Parties for any and all claims covered by this Agreement, and the Releasees will not have the right to have their claims determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY, THE CHILD’S, OR THE OTHER RELEASING PARTIES ACCESS TO AND PARTICIPATION IN BE KIND BE YOU GIRLS EMPOWERMENT CAMP FORMLY KNOWN AS CAMP LAURI OR USE OF ITS EQUIPMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE COUNTY OF LOS ANGELES, CALIFORNIA, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of California, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com, and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and Policy On Consumer Minimum Standards Of Procedural Fairness.
9. PHOTO/VIDEO/SOCIAL MEDIA WAIVER
I AGREE: In connection with my and the Child’s participation in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri, I consent to the recording of the Child’s and my physical likeness and voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize Powell and Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri, and their respective and collective agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as my and the Child’s name and my name, for any purpose, including advertising, promoting, exploiting and publicizing Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri. I further agree the foregoing includes the consent to use the Child’s and my physical likeness in any form. In addition, I waive any and all claims I or the Child may have in connection with the Recordings.
10. TERM OF AGREEMENT
I understand this Agreement extends forever into the future and will have full force and legal effect each and every time I or the Child participate in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri, regardless of location.
11. SAFETY IS YOUR RESPONSIBILITY. On behalf of myself and the Child, I understand, acknowledge and agree as follows: a. There are inherent risks to participating in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri.
b. Such risks include harm from physical activities, sports, other activities and equipment.
c. We accept the risks inherent in participating in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri of which ordinary prudent persons are or should be aware. d. We have a duty to exercise good judgment and act in a responsible manner while participating in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri. e. We have a duty to obey all oral or written warnings, or both, prior to or during participation, or both.
f. We have a duty to not participate in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri while under the influence of drugs or alcohol.
g. We have a duty to properly use all safety equipment provided.
h. We have a duty to not participate in any Program activity if we are sick or infected by any disease or virus, including without limitation COVID-19, Influenza, or MRSA.
i. We have a duty to not participate in any Program activity with pre-existing medical conditions, circulatory conditions, heart or lung conditions, recent surgeries, back or neck conditions, knee or ankle conditions, high blood pressure, pregnancy, or any history of spine, musculoskeletal or head injuries.
j. We have a duty before participating in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri to remove inappropriate attire including hard, sharp or dangerous objects including but not limited to pins, jewelry, watches, buckles, pens, purses, and badges.
k. We have a duty to avoid bodily contact with other participants.
l. We have a duty to conform with or meet height, weight or age restrictions imposed by equipment manufacturers or owners to participate in any Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri activity.
m. We have a duty to participate in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri within our own limitations, training and acquired skills.
n. We have a duty to follow and obey all posted and stated warnings and education signs.
o. I have a duty to explain all safety rules to the Child, and ensure the Child obeys the safety rules.
12. Miscellaneous Provisions
a. I have not previously assigned or transferred any claims or rights released pursuant to this Agreement. This Agreement shall be binding upon and shall inure to the benefit of my, the Child’s, the other Releasing Parties’ respective heirs, successors, attorneys, and permitted assigns. This Agreement shall also inure to the benefit of any and all Releasees. This Agreement shall not benefit any other person or entity except as specifically enumerated in this Agreement.
b. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit or against the party responsible for any particular language in this Agreement.
c. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement.
d. In the event of vagueness or ambiguity, this Agreement shall not be construed against the party preparing it, but shall be construed as if all parties prepared it jointly.
e. This Agreement constitutes and contains the entire agreement relating to the Child’s and my participation in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri and fully supersedes any and all prior agreements or understandings pertaining to its subject matter. There are no other agreements, oral, written, or implied, with respect to such matters.
f. I understand no Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri employee, manager, coach, or volunteer has the authority to waive any provision of this Agreement.
g. I agree if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force and effect.
h. As used in this Agreement, the terms "and" and "or" shall include the term "and/or." Also, wherever the context requires, the singular shall include the plural, and “he,” “she,” “them,” “themselves,” “they,” “their,” and "it" shall include all of those terms.
13. SIGNATURE
By signing below, I represent and warrant I am the parent, legal guardian, or power-of-attorney of the above listed Child and have authority to execute this Agreement on behalf of the Child and Releasing Parties, and to act on behalf of the Child and Releasing Parties. I am 18 years of age or older. I have read each and every paragraph in this Agreement twice and I, the Child, and other Releasing Parties agree to be bound by the terms stated herein, including the release of liability contained herein. No one, nor any agent or attorney of any of the Releasees, has made any promise, representation, or warranty whatsoever, express or implied, not contained herein to induce me to execute this Agreement, and I have not executed this Agreement in reliance upon a promise, representation or warranty not contained herein. I understand by signing below I am agreeing on behalf of myself, the Child, and the other Releasing Parties to defend, indemnify and hold harmless the Releasees from any and all claims brought by me, the Child, or the other Releasing Parties which are in any way connected with, arise out of, or result from the Child’s or my participation in Be Kind Be You Girls Empowerment Camp formly known as Camp Lauri.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
BY MY SIGNATURE BELOW, I ACKNOWLEDGE IF I OR THE CHILD ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM THE RELEASEES, AND EACH OF THEM.