This Waiver and Release of Liability; Indemnification and Hold Harmless Agreement (the “Agreement”) contains important information and provides for the release of significant legal rights related to participation by the Camper/Participant identified above in the KIWANIS OF LITTLE HAVANA FOUNDATION HEALTHY KIDS SUMMER CAMP (“Summer Camp”) operated by KIWANIS OF LITTLE HAVANA FOUNDATION in Miami, Florida. The term “Camper” or “Participant” refers to the participant in Summer Camp activities and includes children in participating in the Summer Camp Program. By executing this document the undersigned (i) agree to Camper’s participation in the Summer Camp; (ii) acknowledge that Summer Camp involves a risk of injury to Camper; and (iii) agree to the limited release and indemnification provisions, all as more fully set forth below. The undersigned agree to all of this in exchange for KIWANIS OF LITTLE HAVANA FOUNDATION’S agreement to allow Camper to participate at no cost in the Summer Camp. This Agreement binds all parties who have executed this agreement, including the Camper/Participant, as well as Camper’s Parent(s) and/or Legal Guardian(s).
PLEASE REVIEW THE PROVISIONS BELOW CAREFULLY AS THEY INCLUDE IMPORTANT DETAILED INFORMATION REGARDING THE PROVISIONS OF THIS DOCUMENT.
1) Acknowledgement of Risk. Camper, Parent(s) and/or Legal Guardian(s) acknowledge and fully understand that there are inherent risks of serious injury or death associated with Summer Camp activities. Camper, Parent(s) and/or legal Guardian(s) further acknowledge that there may be other sources of risks at the Summer Camp which may include activities conducted away from the Summer Camp location (“Off-site Activities”). These may include trips to museums, amusement parks and other similar activities. The KIWANIS OF LITTLE HAVANA FOUNDATION may arrange for bus, van or private car transportation to facilitate such activities and I authorize Camper’s participation in such off-site activities, including transportation to and from such activities by whatever means are deemed reasonable and appropriate by the KIWANIS OF LITTLE HAVANA FOUNDATION.
2) Camper Waiver of Rights and Release of Liability. Camper, Parent(s) and/or Legal Guardian(s) hereby release, waive and discharge the KIWANIS OF LITTLE HAVANA FOUNDATION, its agents, employees, and volunteers from all loss damage, injury, or liability arising in connection the Summer Camp including all Summer Camp activities, use of Summer Camp facilities and equipment. This waiver extends to, but is not limited to those risks described in paragraph #1 above.
3) Indemnification and Hold Harmless. Camper, Parent(s) and/or Legal Guardian(s) further agree to indemnify and hold harmless the KIWANIS OF LITTLE HAVANA FOUNDATION, its agents, employees and volunteers, from and against all losses, damages, monetary awards and expenses, including all costs and attorney’s fees incurred by the indemnified parties in connection with any and all claims asserted against the KIWANIS OF LITTLE HAVANA FOUNDATION, its agents, employees or volunteers, brought by Camper, Parent(s) and/or Legal Guardian(s), and their respective heirs successors, assigns and legal representatives for any injury, illness, disease death, or damage to or loss of property, arising in connection with Summer Camp.
4) Photographs and Audio/Digital Recordings. Camper, Parent(s) and/or Legal Guardian(s) further grant to the KIWANIS OF LITTLE HAVANA FOUNDATION & KIWANIS CLUB OF LITTLE HAVANA the right to take photographs and audio/digital recordings of him or her while participating in any activities during the Summer Camp and authorizes the KIWANIS CLUB OF LITTLE HAVANA & KIWANIS OF LITTLE HAVANA FOUNDATION, its agents, employees and volunteers, to copyright, use and publish the photographs in print or electronically. The undersigned further agree that the KIWANIS CLUB OF LITTLE HAVANA & KIWANIS OF LITTLE HAVANA FOUNDATION may use such photographs for any lawful purpose including publicity, illustration, advertising, and website content and waive any right of compensation or ownership thereto. Your child’s name or any other personal information will not be disclosed with the photograph.
5) Miscellaneous. The parties agree that the provisions of this Agreement shall be deemed severable and that the invalidity or unenforceability of any one or more of the provisions of clauses hereof shall not affect the validity and enforceability of the other provision or clauses hereof except as specifically set forth herein. The terms of this Agreement constitute the entire agreement and
I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the KIWANIS CLUB OF LITTLE HAVANA & KIWANIS OF LITTLE HAVANA FOUNDATION, and for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and holds harmless the KIWANIS CLUB OF LITTLE HAVANA & KIWANIS OF LITTLE HAVANA FOUNDATION, from any and all liabilities incident to my minor child’s involvement or participation in these events and activities associated with the KIWANIS CLUB OF LITTLE HAVANA & KIWANIS OF LITTLE HAVANA FOUNDATION HEALTH KIDS SUMMER CAMP. I certify that I have read this agreement and that I understand that I am giving up substantial rights and assuming substantial responsibilities by signing it, and that I sign it freely and voluntarily without any inducement.