Release of Liability and Indemnity
In consideration of the Student participating in the Class and its related activities, and as a condition thereof, I agree to this Release of Liability and Indemnity (this “Release”) on behalf of myself and the Student. This Release is made in favor of The Village Kids’ Club, the entity operating the Class, and the owner of the facility at which the Class is operated (and their respective directors, officers, employees, officials, affiliates, sponsors, hosts, agents, assigns, subsidiaries, owners, partners, and joint venturers) (collectively, the “Released Parties”).
On behalf of myself and the Student, I acknowledge and agree that:
The risk of injury and/or loss from participating in Class activities is always present due to the nature of the Class, regardless of the care used, the skill or experience possessed, or the precautions taken by me, the Student or anyone else, including any of the Released Parties. I am aware that participation in the Class can cause physical and/or psychological injury, including, but not limited to, serious permanent bodily injury, paralysis, illness and/or death to the Student or others, and/or damage to my, the Student’s or others’ belongings. The Student and I voluntarily elect, with knowledge of the risks involved, for the Student to participate in the Class.
Participating in the Class may expose the Student to contagious diseases, such as, for example, coronavirus (COVID-19), influenza, and the common cold. These diseases spread easily through person-to-person contact, and may be spread by persons who are not exhibiting any symptoms. These diseases can lead to severe illness, personal injury, permanent disability, and death. Participating in the Class increases the risk of becoming infected and/or ill. I acknowledge and agree that such risks are part of the risks and hazards that the Student and I assume and release as set forth in this Release.
I knowingly and freely accept and assume all risks, damages, and hazards associated, directly or indirectly, with the Student’s participation in the Class, whether known or unknown, whether caused by the action, inaction, or active or passive negligence of me, any of the other Released Parties, or otherwise. I agree not to make a claim against or sue the Released Parties for, and I release, forever discharge, and will hold harmless the Released Parties, and each of them, from and against any and all claims, actions, demands, rights, causes of action, losses, liabilities, costs and expenses, including attorneys’ fees, arising from or in connection with any injury, disability, illness, death, or loss or damage to person or property that may be sustained or suffered by me, the Student, or by any other person as a direct or indirect consequence of the Student’s participation in the Class, whether caused by the action, inaction or active or passive negligence of me, the Student, any of the Released Parties, any third parties, or otherwise
I hereby agree to indemnify, defend and hold harmless the Released Parties, and each of them, from and against any and all losses, damages, liabilities, judgments, penalties, fines, costs and expenses, including attorneys’ fees, arising out of or in connection with any third party claim that arises out of or relates to the Student’s participation in or attendance at the Class. I understand and agree that I am responsible for any and all damages, losses, and expenses incurred by a Released Party arising out of or related to the Student’s conduct. If I have any concerns regarding the Student’s readiness for participation in the Class and/or the Class itself, I will remove the Student from participation and bring such concerns to the attention of the Class staff immediately.
If any term or provision of this Release is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such provision shall not affect the legality, enforceability, or validity of any other provision of this Release and such provision shall be reformed and construed so that it will be legal, enforceable, and valid to the maximum extent permitted by law. This Release will survive the completion of the Student’s participation in the Class and will continue in full force and effect thereafter.
I have read this Release carefully and fully understand all its terms and provisions. I have knowingly and voluntarily agreed to this Release understanding the risks to me and the Student and have done so of my own free will, without relying on any statement or representation of any of the Released Parties. I understand that this Release is the entire agreement between me and the Released Parties with respect to the subject matter hereof and that that this Release cannot be modified or changed in any way by oral statements by any of the Released Parties or by the Student or me. I understand that, in the event of any litigation against the Released Parties, this Release may be raised as a defense and bar to, and as a waiver and release of, legal rights that might otherwise be asserted by me, the Student, or any of my or the Student’s heirs, assigns, personal representatives or survivors.
By registering for the Class I acknowledge that I have carefully read the above Release of Liability and Indemnity, and that I understand its contents and agree to the Release of Liability and Indemnity.