1. Clarify any questions or concerns before signing. As a Participant in activities, programs, classes, services provided and events sponsored or organized by Elements Creative Workspace and Metsada and its affiliated instructors, staff, and partners (collectively the “Organization”) and physical activities, including but not limited to: outdoor activities, indoor activities, contact with nature and bodies of water, physical exercise, play, use of tools, equipment, devices and facilities, access to food and drinking water, orientational or instructional sessions or lessons (collectively the “Activities”), the undersigned being the Participant and Participant’s Parent/Guardian (collectively the “Parties”) acknowledges and agrees to the following terms outlined in this agreement:
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) 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, allergic or sensitivity reactions, and fatal accidents;
b) The Organization may allow a parent to leave the proximity of their child for a period of time, which have different foreseeable and unforeseeable risks;
c) The Organization 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.
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 vigorous physical activity;
c) The failure to safely use any piece of equipment;
d) Abrasions, sprains, strains, fractures, or dislocations;
e) Privacy breaches, hacking, technology malfunction or damage;
f) Concussion or other head injuries;
g) Physical contact with other participants;
h) Failure to act safely or within the Participant’s ability or within designated areas;
i) Grass, turf, and other surfaces including bacterial infections and rashes;
j) Weather conditions.
I/We have read and agree to be bound by paragraphs 1 and 4
Terms
5. In consideration of the Organization 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 plays or learns on his or her own space, the Parties are responsible for the Participant’s surroundings and the location and equipment that is selected for the Participant;
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 Guardian observes an unusual significant hazard or risk, the Guardian will remove the Particpant from participation and bring such to the attention of an Organization representative immediately;
f) The risks associated with the Activities are increased when the Participant is impaired, and the Guardian agrees not to allow participation if the Participant is impaired in any way;
g) 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;
h) That Guardians are responsible for notifying limitations of the Participant;
i) 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 Organization 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 or loss on the Participant’s clothing or personal items, that may occur as a result of the Activities.
I/We have read and agree to be bound by paragraphs 4-6
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 state of New York, United States of America, and they further agree that the law of New York State 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.