Statement of Consent & Waiver
1. This is a binding legal agreement. Clarify any questions or concerns before signing with respect to activities, care of your children, or administration of protocols and guidelines to increase safety at camp. As a Participant in these Activities (collectively hereforth referred to as the "Activities") and services provided at the Outdoor Art & Nature Summer Day Camp, the undersigned being the Participant and Participant’s Parent/Guardian (collectively the “Parties”) acknowledges and agrees to the following terms outlined in this agreement:
"Activities" include but may not be limited to the following:
a) Group games that range in exertion from low to very active. Examples include Capture the Flag, tag type games, scavenger hunts, team games, competitive games, social connectivity games, water play (sponges, sprinklers, water guns) but NO swimming, passive circle games etc...
b) Art activities may include Watercolour Painting, print making, sculpture, soap stone carving, basic wood carving with continuos supervision, indigo dying, making nature-based Mandalas, stone painting, sketching etc...
c) Nature and Outdoor Adventure Activities may include traditional firestarting, Hiking, flora and fauna identification, map and compass, shelter building, other traditional survival skills etc...
d) Science activities will include a variety of basic chemistry science experiments involving standard household ingredients.
e) Please indicate (in writing) any activities that you wish your child to refrain from participating in.
2. I am the Parent/Guardian of the Participant and have full legal responsibility for the decisions of the Participant.
Description of Risks
3. The Parties understand and acknowledge that:
a) Recognizing that the instructors have extensive experience with managing children in a camp environment and will do everything they can to minimize risk, the Activities have foreseeable and unforeseeable inherent risks, hazards, and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for bodily injury, disability, paralysis, and loss of life (extremely low risk but not zero risk);
b) Outdoor Art & Nature Summer Day Camp & Footholds has a difficult task to ensure safety and it is not infallible. The Organization may be unaware of the Participant’s fitness or abilities, may give incomplete warnings or instructions, may misjudge weather or environmental conditions, and the equipment being used might malfunction; and
c) The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious. Outdoor Art & Nature Summer Day Camp / Footholds has put in place preventative measures to reduce the spread of COVID-19; however, the Organization cannot guarantee that the Participant will not become infected with COVID-19. Further, attending the Activities could increase your risk of contracting COVID-19.
4. The Participant is participating voluntarily in the Activities. In consideration of that participation, the Parties hereby acknowledge that they are aware of the risks, dangers and hazards and may be exposed to such risks, dangers, and hazards. The risks, dangers and hazards include, but are not limited to:
a) Contracting COVID-19 or any other contagious disease;
b) Executing strenuous and demanding physical techniques;
c) Vigorous physical exertion, strenuous cardiovascular workouts, and rapid movements;
d) Exerting and stretching various muscle groups;
e) The failure to safely use any piece of equipment or from the mechanical failure of any piece of equipment;
f) Spinal cord injuries which may render the Participant permanently paralyzed;
g) Serious injury to virtually all bones, joints, ligaments, muscles, tendons, and other aspects of the Participant’s body or to the Participant’s general health and well-being
h) Abrasions, sprains, strains, fractures, or dislocations;
i) Privacy breaches, hacking, technology malfunction or damage;
j) Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma;
k) Physical contact with other participants, spectators, equipment, and hazards;
l) Not wearing appropriate safety or protective equipment, such as a helmet;
m) Failure to act safely or within the Participant’s ability or within designated areas;
n) Grass and other surfaces including bacterial infections and rashes;
o) Collisions with fences, poles, stands, and other outdoor equipment;
p) Negligence of other persons, including other spectators, participants, or employees;
q) Weather conditions; and
I/We, the undersigned, have read and agree to be bound by paragraphs 1 to 4.
Terms
5. In consideration of the Outdoor Art & Nature Summer Day Camp & Footholds allowing the Participant to participate in the Activities, the Parties agree:
a) That the Participant’s mental and physical condition is appropriate to participate in the Activities;
b) That when the Participant takes part in camp Activities, the Parties agree that they are responsible for the clothing and necessary safety equipment that camp administration has requested that Participants bring to be prepared for camp, (e.g. proper footwear, sunscreen, bugspray, lunch, enough water for the day, change of clothes, a wide brimmed sunhat, towel etc...) as outlined in camp communication.
c) To comply with the rules and regulations for participation in the Activities;
d) To comply with the rules of the facility or equipment;
e) That if the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation and bring such to the attention of camp staff immediately;
f) That it is their sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, they acknowledge and accept the suitability and conditions of the Activity;
g) That they are responsible for the choice of the Participant’s clothing and other necessary camp equipment (as outlined in part b);
h) That COVID-19 is contagious in nature and the Participant may be exposed to or infected by COVID-19 and such exposure may result in personal injury, illness, permanent disability, or death and voluntarily agree to assume all of the foregoing risks.
6. In consideration of the Outdoor Art & Nature Summer Day Camp & Footholds allowing the Participant to participate, the Parties agree:
a) That the Parties are not relying on any oral or written statements made by the Organization or their agents, whether in brochure or advertisement or in individual conversations, to agree to be involved in the Activities; and
b) That the Organization is not responsible or liable for any damage to the Participant’s vehicle, property, or equipment that may occur as a result of the Activities.
I/We, the undersigned, have read and agree to be bound by paragraphs 5-6
General
7. The Parties agree that in the event that they file a lawsuit against the Organization, they agree to do so solely in the province of Ontario, Canada and they further agree that the substantive law of Ontario will apply without regard to conflict of law rules.
8. The Parties expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by law and that if any of its provisions are held to be invalid, the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement
9. The Parties acknowledge that they have read this agreement and understand it, that they have executed this agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, their spouses, parents, guardians, next of kin, executors, administrators and legal or personal representatives.
10. The Parties acknowldge that they have provided the Outdoor Art & Nature Summer Day Camp & Footholds with any medical information needed to support and provide effective care to their child in all (medical) circumstances that may arise.