KAP Activity and Transportation Waiver & Release of Liability Agreement
The Ketchikan Afterschool Program, and its Parent Company Residential Youth Care Inc. is a non-profit 501C3 activity provider. The purpose of this KAP Activity and Transportation Waiver & Release of Liability Agreement is to exempt, waive, and relive Released Parties from any and all liability for any harm, wrongful death, personal injury, property damage, claim or cause of action, including but not limited to liability arising from the negligence of Released Parties. “Released Parties” included the Ketchikan Afterschool Program, RYC Alaska Inc., its board, executives, directors, staff, activity providers and volunteers or other participants, sponsoring agencies, owners, operators and loaners or lessors of vehicles or premises on which an activity takes place. In Consideration the undersigned Participant being allowed to participate (“Undersigned” means the Participant and their parent, legal guardian, or legal representative when the participant is under the age of 18) agrees and acknowledges as follows:
1. Risks of Activity: Participant will be taking part in activities that can be hazardous and involve the risk of physical injury and/or death. The activities are inherently dangerous and the Undersigned fully realizes the dangers of participating in the activities. The dangers and risks of the activities include, but are not limited to the condition of the vehicle, the acts, omissions, representations, carelessness, and negligence of the Released Parties. Recognizing the risks and dangers, the Undersigned voluntarily chooses for Participant to participate in the activities and expressly assumes all risks and dangers of the participation in the activity, whether or not described above, known or unknown, inherent or otherwise.
2. Release of Indemnification: Undersigned (a) unconditionally releases, forever discharges, and agrees not to sue the Released Parties for any claims or causes of action for any liability or loss of any nature, relating to Participants’ participation or transportation in any Ketchikan Afterschool Program events, or activities or presence at such events and areas where they take place. This includes, but is not limited to, claims of negligence, breach of warranty, and/or breach of contract that the Undersigned may or will have against the Released Parties; and (b) agrees to indemnify, defend, and hold harmless the Released Parties from and against any liability or damage of any kind and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to Participant’s participation in such events or activities or the Participants presence on or travel to the premises where such events or activities take place.
3. Medical Treatment: Undersigned understands that the Released Parties do not have medical personnel available at the location of the activities or in transport. Undersigned hereby grants the Released Parties permission to administer first aid or to authorize emergency medical treatment, if necessary. Undersigned understands and agrees that any such action by the Released parties shall be subject to the terms of this agreement and Released Parties when administering first aid or authorizing others to do so. Undersigned understands and agrees that the Released Parties do not assume responsibility for any injury or damage which might arise out of or in connection with such authorized emergency medical treatment.
4. Miscellaneous: Undersigned agrees (a) Participants will not engage in any activities prohibited by any applicable laws, statutes, regulations, and ordinances; (b) this Agreement shall be governed by the laws of the State of Alaska and the exclusive jurisdiction and venue for any claim shall be located in the state courts; (c) this Agreement shall be binding upon the subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned; (d) this Agreement shall be construed as broadly as permitted by applicable law; and (e) that in the event that any clause or provision of this Agreement shall be held to be invalid by any court or competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this agreement.
5. I furthermore understand that Ketchikan Afterschool Program often takes photographs or videos of participants during its activities or events. I grant permission without compensation that these photographs or videos may be used in publications, presentations, websites or promotion of the Ketchikan Afterschool Program.
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT
OTHERWISE MAY EXIST.
Undersigned parent, or legal guardian, or legal representative acknowledges that he/she is not only signing this Agreement on his/her behalf but that he/she is also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement. Additionally, by signing this Agreement as the parent, or legal guardian, or legal representative of the minor, the parent, legal guardian, or legal representative understand that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. By signing below, I hereby represent that I am the parent, legal guardian, or legal representative of a minor and that I have the authority to sign on the Participants’ behalf.