I, the undersigned, represent that I am the parent or legal guardian of the above-mentioned child. I have requested that my child be allowed to participate in activities organized by Shawn Crane d/b/a Youth Leadership Project (“YLP”) (these activities will subsequently be referred to as the “YLP Activities”). As lawful consideration for my child’s participation in the YLP Activities, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
I AM AWARE AND UNDERSTAND THAT PARTICIPATION IN THE YLP ACTIVITIES MAY INVOLVE DANGEROUS ACTIVITIES WITH THE RISK OF SERIOUS INJURY, DEATH, AND/OR PROPERTY DAMAGE. ON BEHALF OF THE ABOVE-MENTIONED CHILD, I ACKNOWLEDGE THAT ANY INJURIES THAT HE/SHE SUSTAINS MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF YLP. I ACKNOWLEDGE THAT MY CHILD IS VOLUNTARILY PARTICIPATING IN THE YLP ACTIVITIES WITH MY FULL KNOWLEDGE OF THE DANGER INVOLVED AND I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF YLP OR OTHERWISE.
I hereby expressly waive and release any and all claims on behalf of me and my child, now known or hereafter known, against Shawn Crane and YLP and its officers, directors, mentors, employees, agents, affiliates, successors, and assigns (collectively, “Releasees”), arising out of or attributable to my child’s participation in the YLP Activities, whether arising out of the negligence of YLP or any Releasees or otherwise. I covenant on behalf of myself and my child not to make or bring any such claim against YLP or any other Releasee, and forever release and discharge YLP and all other Releasees from liability under such claims.
I am aware and understand that the YLP Activities may at times involve modern learning tools such as virtual classrooms or video conferencing applications, including but not limited to Zoom, WebEx, Skype, GoToMeeting, Google Meet, or Facebook Messenger Rooms. I understand and agree that YLP may at times record these virtual classrooms or video conferences if, in its sole discretion, it believes that it may further its students’ learning experiences by doing so. I further understand that the use of web-based applications like those listed above carries an inherent risk that third parties may gain unauthorized access to a virtual classroom or video conference used by YLP. I expressly acknowledge and agree that the release discussed in this Agreement will prevent both myself and my child from bringing any and all claims against Releasees in the unfortunate event my child is exposed to any inappropriate, offensive, or otherwise upsetting content by an unauthorized third party.
I am aware and understand that YLP may from time to time record my and my family’s participation in the YLP Activities, through photographic, video, audio, or other means. I understand that these images and recordings may be used for a variety of purposes, including but not limited to, educational, promotional, and marketing materials. These materials may include, but are not limited to, brochures, newsletters, websites, social media, and other forms of advertising. I understand and agree that YLP may use these recordings for any purpose in its sole discretion. I understand that I will not receive any compensation for the use of the photographs or recording and that I waive any right to inspect or approve the finished product.
This Agreement (including Addendum A - COVID-19 Policy and Release) constitutes the sole and entire agreement of YLP and me (on behalf of my child) with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of YLP and me (on behalf of my child) and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Agreement shall be brought only in the federal and state courts located in Los Angeles, California and I hereby consent to the exclusive jurisdiction of such courts.
ADDENDUM A
COVID-19 POLICY AND RELEASE AND ASSUMPTION OF RISK
The World Health Organization and Center for Disease Control have declared the novel coronavirus and the disease it causes (COVID-19) to be a worldwide pandemic. Due to the highly contagious nature of the virus, governing entities at the city, state, and federal levels have implemented various measures to reduce the spread. Youth Leadership Project (“YLP”) is committed to maintaining a safe and healthy learning environment for its students.
I am aware of the highly contagious nature of bacterial and viral diseases including, but not limited to, the 2019 novel coronavirus disease (COVID-19) (collectively, the "Disease") and the risk that I, and my minor child, may be exposed to or contract the Disease or other infectious diseases by being at YLP and engaging in YLP activities. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, or property damage. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including YLP employees, independent contractors, and volunteers. I understand that YLP cannot guarantee that I, and/or my minor child, will not become infected with the Disease or other infectious diseases while at YLP and that attending and participating in YLP activities may increase my and/or my minor child’s risk of contracting the Disease.
1. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE, AND I AM AWARE AND UNDERSTAND THAT PARTICIPATION IN YLP ACTIVITIES MAY INVOLVE DANGEROUS ACTIVITIES WITH THE RISK OF SERIOUS INJURY, DEATH, AND/OR PROPERTY DAMAGE. ON BEHALF OF THE ABOVE-MENTIONED CHILD, I ACKNOWLEDGE THAT ANY INJURIES THAT HE/SHE SUSTAINS MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF YLP. I ACKNOWLEDGE THAT MY CHILD IS VOLUNTARILY PARTICIPATING IN YLP ACTIVITIES WITH MY FULL KNOWLEDGE OF THE DANGER INVOLVED AND I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF YLP OR OTHERWISE.
2. I hereby expressly waive and release any and all claims, now known or hereafter known, against YLP, and its officers, directors, managers, employees, agents, affiliates, successors, and assigns (collectively, "Releasees''), on account of injury, illness, disability, death, or property damage arising out of or attributable to myself or my minor child attending and/or participating in YLP activities, and/or being exposed to or contracting the Disease, whether arising out of the ordinary negligence of YLP or any Releasees or otherwise. I covenant not to make or bring any such claim against Youth Leadership Project (YLP) or any other Releasee, and forever release and discharge YLP and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, intentional misconduct, or any other liabilities that California law does not permit to be released by agreement. I understand that by signing this release, I am waiving any and all claims of any kind arising out of or attributable to myself or my minor child attending and/or participating in YLP activities, and/or being exposed to or contracting the Disease, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, 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.”
3. I confirm that my minor child is in good health, in proper physical condition, and does not have any medical or other conditions that would impair my minor child’s ability to participate in YLP activities.
4. I am familiar with federal, state, and local laws, orders, directives, and guidelines related to the Disease, including the Centers for Disease Control and Prevention (CDC) guidance on the Disease. My child and I will comply with all such orders, directives, and guidelines while at YLP, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings as requested, directed, or required. I will also follow all instructions of YLP while at YLP. I agree that myself or my minor child will not attend YLP if either of us are experiencing symptoms of the Disease (such as but not limited to cough, shortness of breath, or fever), have a confirmed or suspected case of the Disease, or have come in contact in the last 14 days with a person who has been confirmed to have or is suspected of having the Disease.
5. I shall defend, indemnify, and hold harmless YLP and all other Releases against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against YLP or any other Releasees arising out of or resulting from any claim of a third party related to (a) my participation in any YLP activities, (b) the Disease due to my engaging in YLP activities or being at YLP, and (c) any claim related to my own negligence or the ordinary negligence of YLP.
6. This Release constitutes the sole and entire agreement of YLP and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of YLP and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Release shall be brought only in the federal and state courts located in Los Angeles County, California and I hereby consent to the exclusive jurisdiction of such courts. I SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY.
7. I understand this document is written to be as broad and inclusive as legally permitted by the State of California. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms. I have read this document, and I am signing it freely. No other representations concerning the legal effect of this document have been made to me.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE YLP.
Last revised May 2023