Camp Waiver

 

 

 

RELEASE AND WAIVER OF LIABILITY 

 

 

By purchasing an enrichment program and/or summer camp program through your website, I certify that I am a parent or legal guardian with full legal responsibility for any child that I am registering (“Child”).  I hereby freely, voluntarily, and without duress execute this Release and Waiver of Liability and agree to the following terms and conditions in exchange for my child being allowed to participate in your programs:

 

  • I am the Parent or Legal Guardian of Any and All Children I am Registering. I understand that only a Child’s parent or legal guardian may register a Child for a BAM! program. By registering a Child, I am certifying that I am their parent or legal guardian and I have fully legal authority to register them and to sign this waiver. 
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  • Authorization To Participate. I hereby authorize my Child to attend BAM! enrichment programs. This Release and Waiver of Liability (hereinafter, "Release") is executed as of the date of my online registration. I consent to BAM! to have my Child participate and engage in activities related to BAM! enrichment programs and camps (hereinafter, "Programs").
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  • Parties Providing Programs. I understand that the enrichment programs and or camp programs I have registered for are being organized by Brains and Motion Education, Inc., a Delaware corporation. I understand that all programs and communications will be provided by Brains and Motion Education, Inc.; its corporate parent; corporate subsidiaries that may vary from state to state (as required by state law); and/or certain online vendors contracted to provide specialty educational experiences as part of some of our Programs (hereinafter, “BAM!” or “Company”).
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    1. Assumption of Risk. I understand and acknowledge that participation in Programs conducted by BAM!, including the use of its facilities and equipment, involves an inherent and unavoidable risk of injuries, harm, and loss. I understand that although BAM! takes precautions to provide safe and proper organization, supervision, and equipment, it is impossible for the Company to guarantee absolute safety. I understand there are numerous risks associated with participating in BAM!’s Programs, including, but not limited to, the use of playgrounds, inflatable equipment, game room equipment, and electronic devices, as well as participation in sports and active games, and crafting and enrichment projects. I also understand the risk of exposure to COVID-19. I acknowledge and assume the risks and dangers described above with my Child being enrolled and engaging in Programs. I have discussed the Program and the inherent risks with my Child, who understands them and wishes to participate in the Programs. I hereby expressly and specifically assume such risks, including any and all risk of injury, harm, or loss that my Child may incur as a result of participating in the Programs.

     

    1. Release of  Liability. I hereby release and hold harmless BAM!, its officers, directors, employees, and volunteers, from any and all damages, or injuries arising from my Child's participation in Program activities. I hereby fully and forever release and discharge BAM! from, and expressly waive, any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, including any and all claims related to contracting COVID-19 or other communicable diseases, that may arise from my Child’s participation in Programs, and on or off Program premises. I covenant not to make or bring any such claim or demand against BAM!, and fully and forever release and discharge BAM! from liability under such claims or demands. 

     

    1. Insurance. I understand that BAM!s does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but now limited to medical, health, or disability insurance of any nature in the event with respect to any bodily injury, personal injury, illness including contraction of Covid-19, death, property damage, or property loss that may result from Programs, whether caused by the negligence of BAM! or otherwise. 

     

    1. Indemnification. I hereby agree to indemnify, defend, and hold harmless BAM!, its officers, directors, employees, and volunteers, from any and all liability, claims, losses, damages, judgments, or expenses, including attorneys' fees, that it may incur or sustain as a result of my or my Child’s negligence, recklessness, or willful misconduct in connection with my Child’s participation in Program activities, arising out of any third-party claim. To the extent that I register any Child for any BAM program without being their parent or legal guardian, I assume full and exclusive responsibility for all legal risks, costs, and damages that may occur due to my improperly registering any such Child. 

     

    1. Special Indemnification. I agree that if I register any Child without being their parent or legal guardian with full legal responsibility, I am solely responsible for any and all risks, costs, and damages related to my registering any Child when I am not their parent or legal guardian, and I will both hold harmless BAM! its officers, directors, employees, and volunteers, from any and all liability, claims, losses, damages, judgments, or expenses, including attorneys' fees, that it may incur or sustain as a result of my improper registration. I further agree that I will advance to BAM any monies it needs to hire attorneys to defend itself against any and all claims that may be made by a Child and/or their lawful parents and/or legal guardians. 

     

    1. Photographic Release. I grant BAM!, its officers, directors, employees, and volunteers, the right to use, reproduce, distribute, and publicly display any photographs, video recordings, or other media taken during the Program activities, for promotional and educational purposes, without further compensation to me. I hereby grant and convey to BAM!s all right, title, and interest, including but not limited to, any royalties, proceeds, or other benefits, in any and all such photographs or recordings, and consent to BAM!s use of my or my Child’s name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission. 

     

    1. Administration of Prescription Medication. I grant permission for BAM! staff to administer non-narcotic prescription medication to my Child as prescribed by a licensed healthcare provider pursuant to this section. I understand that if I wish for BAM! staff to do so, a parent or legal guardian must check the medicine in with a BAM! staff member and provide the medication in its original packaging or container showing the Child’s full name, medicine name, medicine dosage, frequency, fill date, and expiration date (if applicable). All of this information must be printed on packaging/container by the pharmacy. All authorizations for medication must be renewed each week.

     

    1. Administration of Non Prescription Pills, Tablets, and Liquids. I grant BAM! staff permission to administer non prescription pills such as over-the-counter allergy pills, tablets, and liquids, to my Child. I understand that if I wish for BAM! staff to do so, a parent or legal guardian must check the  medicine in with a BAM! staff member and provide the medication in its original packaging or container showing the name, dosage, and expiration date (if applicable) of the pills, tablets, or liquids.  All of this information must be printed on the original packaging/container by the manufacturer. BAM! will not dispense more pills, tablets, or liquids that are specified by the manufacturer on the product’s packaging. 

     

    1. Permission for Subscreen and Other Topical Products. I grant permission for my Child to use non-prescription, topical products such as sunscreen (that I should provide) to help protect against sunburn. 

     

    1. Emergency Medical Treatment. I understand that BAM! staff members may administer first aid, and/or CPR/AED in the event of a medical emergency. I grant permission for my Child to be transported to a medical facility and to receive emergency medical treatment, including but not limited to epinephrine auto-injections for suspected exposure to life-threatening allergens, in the event that I cannot be reached and when delay could be dangerous to the health of my Child. 

     

    1. Miscellaneous. I hereby agree that this Release represents the full understanding between BAM! and me and supersedes all other prior agreements, understandings, representations, and warranties, both written and oral, between us, with respect to the subject matter hereof. If any term or provision of this Release shall be held to be invalid by any court of competent jurisdiction, that term or provision shall be deemed modified so as to be valid and enforceable to the full extent permitted. The invalidity of any such term or provision shall not otherwise affect the validity or enforceability of the remaining terms and provisions. This Release is binding on and inures to the benefit of BAM! and our respective executors, administrators, legal representatives, successors, and permitted assigns. 

     

    1. Governing Law and Arbitration. I hereby agree that this Release is intended to be as broad as permitted, and that this Release shall be governed by and interpreted in accordance with the laws of the state where the Program is administered, without reference to any choice of law doctrine. I hereby agree that any dispute, claim, or controversy arising out of or relating to this agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Arlington, Virginia, before one arbitrator. The arbitration shall be administered by the American Arbitration Association pursuant to its commercial arbitration rules. Judgment on the award may be entered in any court having jurisdiction. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order or grant, including, without limitation, specific performance of any obligation created under this agreement, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process.The parties agree that the decision or award rendered by the arbitrator shall be final and binding upon the parties and may be entered as a judgment in any court of competent jurisdiction. By agreeing to arbitration, the parties hereby waive their right to a trial by jury and agree that arbitration shall be the exclusive remedy for any disputes arising under this agreement. The parties further agree that any arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action. If any part of this arbitration clause is deemed to be unenforceable, then the remainder of this agreement shall remain in full force and effect.