Waiver

 Activity Release of Liability & Waiver

 

Event:  Locked-In for Kam

Organizer: Sharon Davis

Location: Clark County Child Development Center (C3DC)

 I voluntarily elect to allow my minor child to participate in the above activity with full knowledge and awareness of the risk involved. I hereby agree to accept and assume any and all risks of property damage, personal injury, or death.

Sharon Davis/C3DC does not provide insurance to the participants of the said activity, and anyone who wishes to be covered should provide their own insurance. The Organizer hereby waives any responsibility and liability to any damages and injuries resulting from this activity.

 Waiver of Liability and Indemnification

 In consideration of being allowed to participate in the above-mentioned activity, I, the undersigned, and on behalf of my personal representatives, heirs, next of kin, successors and assigns, hereby forever;

• Waives, releases, and discharges Sharon Davis and C3DC, its employees, agents, officers, and contractors, the providers of any equipment used in the Activity, landowners, municipal or governmental providers of use permits, and their respective employees, officers, and directors ( Herein “the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the Activity. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities.  This RELEASE does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Kentucky law does not permit to be excluded by agreement.  I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss, or harm that occur during the Activity or are related in any way to the Activity.  

• Defend, indemnify, and hold harmless Sharon Davis/C3DC, its employees, agents, officers, and contractors, the providers of any equipment used in the Activity, landowners, municipal or governmental providers of use permits, and their respective employees, officers, and directors against any and all claims, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activity.  In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them.  I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator, or guardian will be obligated to respect and enforce them.

Compliance with Activity Instructions, Rules, and Regulations

I will instruct my child to abide by the center’s rules and regulations, as well as all and any instructions, provided by Locked-In for Kam, its staff, employees, chaperones and officers while participating in the above-mentioned activity. 

Use of Image and Likeness 

I understand that my child may be photographed and filmed during the activity.   I grant to Sharon Davis and C3DC permission to share likenesses for recreational and publicity purposes.

Severability

I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, the remainder shall continue in full force and effect.  I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.

Governing Law 

This agreement is governed by and shall be construed in accordance with the laws of the state of Kentucky.

I HAVE FULL READ AND UNDERSTAND OF THE CONTENTS OF THIS AGREEMENT BEFORE SIGNING IT. AND, THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I ALSO UNDERSTAND THIS CONTRACT AFFECTS MY LEGAL RIGHTS, AND HEREBY SIGNS IT ON MY OWN FREE WILL.

*I understand that fighting will result in my child having to be picked up immediately.

*I understand that the lock-in ends at 7:00am Sunday, October 30.  Children must be picked up on time.