Waiver and Release of Liability – STEM Gems, MathSP LLC, Tyke Hike LLC
ANNUAL PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK
In consideration of the services of STEM Gems, MathSP LLC, Tyke Hike LLC, and their agents, owners, officers, volunteers, participants, employees, teachers, instructors, leaders, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “STEM Gems, MathSP, Tyke Hike”), I hereby agree to release, indemnify, and discharge STEM Gems, MathSP, Tyke Hike, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate as follows:
- I acknowledge that my child’s participation in activities associated with this camp program entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to my child, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.The risks include, among other things: contact with wild animals and plants, hiking and exposure to the elements; the hazards of walking on uneven terrain and slips and falls; debris, rocks and cliffs and other obstacles whether obvious or not and whether man-made or natural; the risks of exposure to insect bites; the risk of cold or heat-related illnesses; hypothermia, frostbite, dehydration, sunburn or other burns, broken bones, paralysis; my, my child’s or my child’s guardian’s own physical condition, the physical exertion associated with this activity; mental or emotional trauma, concussions, abrasions, wounds or other injury, damage, death or loss. For my child:
- I expressly agree and promise to accept and assume all of the risks existing in this summer camp. My, my child’s participation in this activity is purely voluntary, and I/we elect to participate in spite of the risks.
- I, for myself and on behalf of my heirs, assigns, personal representatives, family, and next of kin and on behalf of any of my children hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless STEM Gems, MathSP, Tyke Hike from any and all claims, demands, or causes of action, which are in any way connected with my child’s participation in this activity or my child’s use of STEM Gems, MathSP, Tyke Hike’s equipment, including any such claims which allege negligent acts or omissions of STEM Gems, MathSP, Tyke Hike.
- Should STEM Gems, MathSP, Tyke Hike or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage my child may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition my child may have.
- In the event that I file a lawsuit against STEM Gems, MathSP, Tyke Hike, I agree to do so solely in the state of Georgia, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. 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.
- By registering for a STEM Gems, MathSP, Tyke Hike camp, I agree that photographs, videos, audio recordings, slides, or movies of my child may be taken while they are participating in activities. I consent to the use of photographs, videos, audio recordings, slides, or movies for any legal purpose. I hereby grant and convey unto STEM Gems, MathSP, Tyke Hike all rights, titles, and interests in any and all photographic images and video or audio recordings made during my child’s activities on behalf of STEM Gems, MathSP, Tyke Hike, including but not limited to, any royalties, proceeds, or other benefits derived from the use of such photographs or recordings. STEM Gems, MathSP, Tyke Hike will never put your child’s name by their photo on any of our electronic or printed promotional media. If you do not want your child’s photographic images and video or audio recordings used for any of the above, please contact us in writing at info@STEMGemsBook.com.
By registering for this event, I acknowledge that if anyone is hurt or property is damaged during my participation in this camp, I may be found by a court of law to have waived my right to maintain a lawsuit against STEM Gems, MathSP, Tyke Hike on the basis of any claim from which I have released them herein.
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I FULLY INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY AS TO THE ABOVE RELEASEES TO THE GREATEST EXTENT ALLOWED BY LAW. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.