1.) GENERAL
In consideration for my participation in Grounded ROOTS Yoga (a subset of R.O.O.T.S Youth Development Program) at 22424 Peterkins rd Georgetown DE 19947, hereinafter referenced as "ROOTS,' I understand by participating in ROOTS that I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Program, R.O.O.T.S. YOUTH DEVELOPMENT PROGRAM LLC, and their respective employees, agents, representatives and volunteers (hereinafter referred to as "RELEASEES") from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or my student, or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise, while participating in the ROOTS, or while in, on or upon or away from the premises where the program is being conducted. This will also include all online communications, services, field trip outings, indoor and outdoor learning that are rendered away from ROOTS at 22424 Peterkins rd Georgetown DE 19947.
2.) ACKNOWLEDGMENT OF RISK
I am fully aware of the risks and potential hazards connected with participating in ROOTS, including but not limited to, the risk of loss of personal property from theft, injuries during outdoor learning, farming on premises of ROOTS, or field trips off premises; injuries associated with ROOTS that may or may not be foreseeable, and I hereby elect to voluntarily participate in ROOTS, and engage in such activity knowing that the activity may be hazardous to my child and my property. ROOTS participants may be immersed in the community on and off premises.
3.) ACKNOWLEDGEMENT OF GOOD PHYSICAL CONDITION
I further acknowledge I am in good physical condition and I do not know of any medical or physical condition or other reason that I or my child(ren) should not participate in ROOTS or which could interfere with my safety in such ROOTS, or else I am willing to assume-and bear the cost of-all risks that may be created, directly or indirectly, by any such condition. My or my child(ren)'s, any of our family members', or friends' participation in any ROOTS activity is purely voluntary, and I elect to have me and/ or my child(ren) participate in spite of the risks and known or unknown dangers associated with ROOTS activities.
4.) RELEASE AND WAIVER OF LIABILITY
I HEREBY EXPRESSLY RECOGNIZE AND ASSUME ALL RISKS ASSOCIATED WITH MY OR MY CHILD(REN)'S PARTICIPATION IN ROOTS AND VOLUNTARILY RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND HOLD HARMLESS THE RELEASEES. I AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorneys' fees, that may incur due to my or my child's participation in ROOTS, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise. It is my express intent that this Participant Release, Consent and Waiver of Liability shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Participant Release, Consent and Waiver of Liability shall be construed in accordance with the laws of the State of Delaware.
5.) In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, by that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Consent and Waiver of Liability, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.