PARTICIPATION AGREEMENT, ASSUMPTION OF RISK, AND LIABILITY RELEASE
I, the undersigned Parent/Guardian, wish for myself and/or my minor child (“Participant(s)”) to take part in the outdoor education, free play, and related activities ("Activities") conducted by Nature Kids Collective ("the Program") at 113 Seekonk Street, Norfolk, Massachusetts, 02056, or at other outdoor locations the Program may use from time to time.
1. Assumption of Risk
I understand that outdoor activities of this kind carry inherent risks that cannot be eliminated regardless of the care taken to avoid injury. These risks include, but are not limited to:
- Uneven, slippery, or unpredictable natural terrain, including trip and fall hazards
- Exposure to weather conditions, including heat, cold, rain, and sun
- Contact with plants, insects, and wildlife, including ticks, poison ivy, and stinging insects
- Use of natural materials and simple tools (e.g., sticks, ropes, hand tools) as part of program activities
- Proximity to water features, uneven water crossings, or wet surfaces
- Allergic reactions to plants, insects, or other natural elements
- Injuries arising from group play, climbing, running, or other physical activity typical of outdoor free play
- Transportation to and from the program site, where applicable
I voluntarily choose to allow myself and/or my child to participate with full knowledge of these risks.
2. Medical Information and Emergency Authorization
I represent that, to the best of my knowledge, I/my child has no physical, medical, or behavioral condition that would prevent safe participation in Nature Kids Collective activities.
I understand that Nature Kids Collective is a caregiver-attended program and that I am responsible for the supervision, care, and safety of my child(ren) while on site, including administering any necessary first aid.
In the event of an emergency, I understand that Program staff or volunteers may contact emergency services when appropriate, but that I remain responsible for making medical decisions for my child and for any medical care, transportation, or related costs incurred.
3. Release of Liability and Indemnification
In consideration of being permitted to participate in Nature Kids Collective activities (the “Activities”), I, on behalf of myself and to the fullest extent permitted by Massachusetts law on behalf of my child, our heirs, and personal representatives, agree as follows:
Release: I understand that Nature Kids Collective is a caregiver-attended program and that I remain responsible for the supervision, care, and safety of my child(ren) while participating in the Activities. To the fullest extent permitted by law, I release, waive, and discharge Nature Kids Collective, its founders, the property owner(s) of 113 Seekonk Street, Norfolk, Massachusetts 02056, and their respective employees, volunteers, officers, and representatives (collectively, the “Releasees”) from claims arising out of or related to my or my child’s participation in the Activities, including claims arising from the ordinary negligence of the Releasees, except as provided in Section 4 below.
Indemnification: To the fullest extent permitted by law, I agree to indemnify and hold harmless the Releasees from claims, losses, liabilities, damages, or reasonable attorneys’ fees arising from my or my child’s acts or omissions while participating in the Activities, except to the extent caused by conduct of a Releasee that is not legally subject to release or indemnification.
4. Limits on This Release
Nothing in this Agreement releases or limits liability for gross negligence, recklessness, willful or wanton misconduct, or any other liability that cannot lawfully be released or limited.
I understand that Massachusetts law may limit a parent or guardian’s ability to waive or release claims belonging independently to a minor. Nothing in this Agreement is intended to waive any right or claim that cannot legally be waived on behalf of a minor.
5. Photo/Media Release
Please select one option below:
Full Photo/Media Permission: I grant permission for Nature Kids Collective to photograph or video my child during Activities and to use those images or recordings on the Program’s website, social media, and promotional materials. My child may be recognizable, but their full name or other identifying personal information will not be included without separate permission.
Non-Identifiable Photo/Media Permission Only: I grant permission for Nature Kids Collective to use photographs or video in which my child is not identifiable. This may include images or footage taken from behind, close-ups of hands or feet, group/activity shots in which my child’s face is not visible or recognizable, or other content that does not reasonably identify my child.
No Photo/Media Permission: I do not grant permission for photographs or videos of my child to be used on the Program’s website, social media, or promotional materials.
6. General Provisions
Governing Law: This Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles. Any dispute shall be resolved in the courts of Norfolk County, Massachusetts.
Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will continue in full force and effect.
Entire Agreement: This document, together with any attached Emergency Contact and Medical Information form, constitutes the entire agreement between the parties regarding participation in the Activities.