Outdoor/Indoor Play Areas Release of Liability
In consideration of the risk of injury while participating in the Outdoor/Indoor Playgrounds (the "Activities"), and as consideration for the right to participate in the Activities, I (parent/Student) hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my child’s participation in the Activities, and do hereby release and forever discharge Trinity Montessori Academy, located at 2671 Lengers Way, Fort Mill, South Carolina 29707, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that my child may suffer as a direct result of my participation in the aforementioned Activities, including traveling to and from an event related to the Activities.
My child is voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at their own risk. I am aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my child’s own or others' negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my child’s participation in this Activity, including travel to, from and during this Activity.
I agree to indemnify and hold harmless Trinity Montessori Academy against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my child’s behalf. If Trinity Montessori Academy incurs any of these types of expenses, I agree to reimburse Trinity Montessori Academy.
I acknowledge that Trinity Montessori Academy and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Trinity Montessori Academy.
I acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of Students, equipment, vehicular traffic and actions of others, including but not limited to, Students, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I acknowledge that I have carefully read this "waiver and release" and fully understand that it is a release of liability. I expressly agree to release and discharge Trinity Montessori Academy and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Trinity Montessori Academy for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Trinity Montessori Academy, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Student(s) and Trinity Montessori Academy agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
The above pertains to myself and my minor children, whether or not enrolled at Trinity Montessori Academy.
Additional COVID 19 WAIVER
In consideration for being allowed to attend Trinity Montessori Academy (TMA), the undersigned acknowledges, appreciates and agrees to the following:
ACKNOWLEDGEMENTS AND AGREEMENT
1. That the Student (as set forth below, has no symptoms related to and/or associated with COVID19 as outlined by the Centers for Disease Control and Prevention (CDC), including without limitation, fever, shortness of breath, cough, chills, etc., and am in overall good health and proper physical condition to attend TMA.
2. That the Student (as set forth below) has not been diagnosed with COVID-19, has not knowingly been exposed to a person with a confirmed case of COVID-19 within the last 14 days, has not been in quarantine for COVID-19 within the last 14 days or has not been advised by a medical profession to not attend.
3. That the Student agrees to comply with any and all rules, regulations, terms and conditions to attend as outlined by the TMA staff, including, without limitation, that Student will, to the best of his/her ability, sanitize and/or wash hands prior to attending, during and after attending TMA. I will willingly remove myself from attending and bring to the attention of TMA staff of any significant hazards present during my attendance.
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION
4. COVID-19 has been declared a worldwide pandemic by the World Health Organization and has been declared contagious and capable of spread from person-to-person contact. It is acknowledged by the CDC that an individual can be infected with COVIC-19 without their knowledge and be asymptomatic. TMA has put in place certain preventative measures to reduce the risks associated with the spread of COVID-19. However, TMA cannot guarantee that such measures will prevent the spread of COVID-19 in connection with attending.
By signing this Waiver, I UNDERSTAND AND WILLINGLY AND VOLUNTARILY ACCEPT AND ASSUME FULL RESPONSIBILITY FOR ALL RISKS, damages, liabilities, losses and/or expenses of any and every kind involved with or arising from my Student attending TMA, and understand that attending involves risks and dangers which, include without limitation, THE POTENTIAL FOR SERIOUS BODILY INJURY, ILLNESS, DISEASE, DISABILITY, DEATH and other undefined risks and dangers which may not be readily foreseeable or are presently unknown.
5. That I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY IRREVOCABLY RELEASE AND HOLD HARMLESS, TMA, its employees, owners, and if applicable, property owners/lessors (the "Releasees") WITH RESPECT TO INJURY, ILLNESS, DISEASE, DISABILITY, DEATH, LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, for all claims, rights, demands, or causes of actions whether known or unknown, suspected or unexpected, arising out of or in connection with attending TMA, to the fullest extent permitted by law.
FOR STUDENTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF ATTENDING)
This is to certify that I, as parent or legal guardian, with responsibility for the above Student, have read and explained the provisions of this Waiver to Student, including without limitation, the risks of presence and participation and his/her personal responsibility for adhering to the rules, regulations and guidelines for protection against COVID-19 and other communicable diseases.