Youth Waiver, Medical Waiver, Photo Release:
WARNING: Please read this agreement carefully. By agreeing to this Waiver and Release of Liability Agreement (the “Agreement”), you will waive certain legal rights in accordance with this Agreement and as provided by law.
ACKNOWLEDGEMENT OF RISKS: I understand and acknowledge on behalf of myself and/or any minor children for whom I am responsible, that certain risks are typically involved with Youth Program Activities, including but not limited to Fatigue, slips, falls, heart attack, drowning or near-drowning, stings, bites, allergic reactions and resulting illness, exposure to outdoor environments, changes or unpredictable weather, equipment failure or misuse, vehicular accidents in-route to/from activities; that I and/or my minor child may suffer accidents, injuries, or illnesses in remote places where there are no available medical facilities; and that no warranty of any kind, express or implied, is being made. I also realize that participation in Youth Activities, including but not limited to educational enrichment activities, arts and crafts, sporting activities, indoor and outdoor games and play, swimming, and other related activities associated with Sonz Youth (collectively, “Activities”) can result in personal injury, accidents and/or illness including but not limited to dehydration, disease, cuts, bruises, sprains, fractures, head injuries, paralysis, disability, dismemberment, serious physical or emotional injury and/or death, as well as damage to or loss of personal property. I acknowledge on behalf of myself and/or my minor child that I have been fully advised of the dangers inherent in participating in the above-mentioned Activities.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In consideration of being able to participate in the Activities, I, for myself and any minor children for whom I am responsible, confirm that I and/or minor child are physically and mentally capable of participating in full in the Activities. I and/or my minor child participate willingly and voluntarily in the Activities and voluntarily assume all risks and full responsibility for personal injury, accidents, or illness including death, as well as damage or loss of personal property. I am aware that there is a risk of negligence by the Sonz Youth organization and/or its officers, directors, agents, employees, agents, volunteers or assigns (collectively, the “Released Parties”), including the failure by the Released Parties to safeguard or protect me/us from the risks, dangers, and hazards of the Activities. I on behalf of myself and/or my minor child freely accept and fully assume all risks, dangers and hazards associated with voluntarily participating in the Activities and the possibility of loss, personal injury or death resulting therefrom.
RELEASE: In consideration of participating in the Activities, I, on behalf of myself and/or my minor child, hereby agree as follows:
1) To waive any and all claims, liabilities, actions, damages, penalties, suits, costs or expenses of any nature whatsoever, in law or equity (collectively, “Claims”), that I and/or my minor child has or may in the future have against the Released Parties, and to release and forever discharge the Released Parties from any and all Claims, even those arising out of their omissions or negligence, that I and/or my minor child may suffer or that my next-of-kin may suffer as a result of my participation in any of the Activities, to the extent provided by law.
2) To hold harmless and indemnify the Released Parties from any and all Claims relating in any way to the Activities including any property damage or personal injury to any third party resulting from my participation in the Activities.
3) To hold harmless and indemnify the Released Parties from any and all Claims arising from, or related to, food allergies or dietary restrictions that were not expressly disclosed to SONZ Youth in writing.
CORONAVIRUS NOTICE: (if applicable, depending on current State & City guidelines) COVID-19 has become a global pandemic and a national and state public health emergency. During this time, we all must do our part to slow the spread of COVID-19:
1) I agree not to come or bring my minor child on to SONZ Youth Activity premises if I or my minor child is/are displaying any of the following symptoms associated with COVID-19: cough, shortness of breath or difficulty breathing, chills, muscle or body aches, headache, sore throat, new loss of taste or smell, fatigue, congestion or runny nose, nausea or vomiting, diarrhea, or fever (100.4° F or over).
2) I understand and agree that Sonz Youth will require me to pick up my minor child and leave the SONZ Youth Activity premises if he/she/they have or are displaying any of the symptoms above and agree not return to the SONZ Youth Activity until cleared to do so. In addition, I consent that Sonz Youth may take the temperature of me and my minor to ensure that I or my minor child does not have a fever.
3) While Sonz Youth is doing its part to discourage persons having COVID-19 symptoms from being on the Activity's premises, there is a risk that there may be people on the Activity's premises that could be infected with COVID-19 who are expressing symptoms or are asymptomatic. I understand, acknowledge and agree that I am assuming the risk that I or my minor child’s participation in the Activities could expose me or my minor child to persons infected with COVID-19.
4) I am confirming that I, my child, and any of my other household members have NOT been required by the State of California to be in a mandatory quarantine before arriving at the Sonz Youth Activity premises.
5) I am confirming that neither I nor my child nor any of my household members have been in contact with someone under investigation for, or with a confirmed case of COVID-19 in the last 14 days.
6) I agree to inform Sonz Youth if I have tested positive for COVID-19 or the COVID-19 Antibody in the last 14 days. I also agree to immediately inform Sonz Youth if, in the future, I test positive for COVID-19 or the COVID-19 Antibody.
This Waiver and Release of Liability Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity. This Agreement shall be governed by and interpreted solely in accordance with the laws of the State of California and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought solely within the State of California. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
If in the judgement of the Sonz Youth staff, my youth requires medical care, I authorize and instruct Sonz Youth to inform me or an authorized person listed. Sonz Youth may take my youth in for medical treatment to the physician, hospital or clinic I designate, or contact 911 per my request. If the authorized person, the physician, or I can't be promptly reached, I authorize Sonz Youth to contact 911 and have an ambulance or Sonz Youth representatives transport my youth to the nearest hospital or clinic for medical treatment.
PHOTO / VIDEO / STORY RELEASE:
I am 18 years of age or older and grant Sonz Youth, Sacred Sons and the Sacred Sons Foundation permission in perpetuity to use my, and those of my minor children and persons listed on this registration form; image, voice, and personal story in photographs, videos, social media, artwork, profiles and all forms of promotional materials and venues without limitation or obligation to provide compensation for the purposes of promotion or interpreting Sonz Youth programs. I release Sonz Youth, Sacred Sons and the Sacred Sons Foundation from any and all claims, causes of action, and liability arising out of any use of my, and those of my minor children and persons listed on this registration form; images or likeness.
By signing this document, I acknowledge that I have had sufficient opportunity to read this entire document. I have read and understood this document, and agree to be bound by its terms. I understand that this waiver is intended to be as broad and inclusive as permitted by the laws of the State of Hawaii and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I affirm that I am over eighteen years of age and am freely and voluntarily signing this document, without any inducement or assurance of any nature. I understand and agree that my signature in any form or medium (including without limitation any electronic or digital signature or symbol) shall have the same legal effect, validity and enforceability as a manually handwritten original signature. Any document transmitted by any electronic or digital means (including without limitation by electronic mail “email”, texting, or facsimile “fax” transmission) shall have the same legal effect, validity and enforceability as if physically delivered in its original form.
If the participant is a minor, the undersigned parent or legal guardian warrants and represents that this Agreement, its significance and the assumption of risk, has been explained to and understood by the minor child or ward. I hereby declare, under penalty of perjury, that I am the parent or legal guardian of the named participant.