ACCIDENT WAIVER & RELEASE OF LIABILITY & RIGHT OF USE - READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the Emerge Camps activities including but not limited to: swimming, yoga, group activity, sports, hiking, outdoor activities, organized by Emerge Enterprises, LLC DBA Emerge Camps, and/or use of the property, facilities and services of Emerge Enterprises, LLC DBA Emerge Camps partners and sponsors, I understand that swimming, group activity, sports activity and outdoor activities carry inherent natural risk. I hereby knowingly and voluntarily assume all risks to this child for whom I am legally responsible. I also understand outdoor activities may occur under hot sun and in the rain. I agree to send the child whom I am registering to camp appropriately attired for camp activities. I also agree on behalf of the child I am registering, for whom I have legal responsibility the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree that this child will observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Emerge Enterprises, LLC DBA Emerge Camps, or the employees, representatives or agents of Emerge Enterprises, LLC DBA Emerge Camps. I understand that Emerge Enterprises, LLC DBA Emerge Camps may, in its sole discretion, appropriately dismiss any camp participant for inappropriate, disrespectful, or dangerous behavior at any time. Should such a dismissal occur, I understand that I will not receive a refund of camp fees for unattended days.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activities and I assume full responsibility for personal injury that may occur this child, and further release and discharge Emerge Enterprises, LLC DBA Emerge Camps, its partners, sponsors, and program leaders Elizabeth Beisel, Brian Guadagno, Mark Kiely, and Hugo Adames for injury, death, loss or damage arising out this child’s participation in, use of, or presence upon the facilities/sites of Emerge Enterprises, LLC DBA Emerge Camps, whether caused by the fault of the child, other participants, Emerge Enterprises, LLC DBA Emerge Camps or any other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Emerge Enterprises, LLC DBA Emerge Camps and its partners and sponsors against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from this child’s use of or presence upon the facilities of Emerge Enterprises, LLC DBA Emerge Camps.
4. FEES. I agree to pay for all damages to the facilities of Emerge Enterprises, LLC DBA Emerge Camps caused by any negligent, reckless, or willful actions by this child.
5. CONSENT. I consent to the participation of my child in the activity of Activities including but not limited to: swimming, yoga, group activity, sports, hiking, outdoor activities and similar activities and agree on behalf of the above minor to all of the terms and conditions of this Agreement. By consenting to this Release of Liability, I represent that I have legal authority over and custody of my child.
6. MEDICAL AUTHORIZATION. In the event of an injury to the above minor during the above described activities, I give my permission to Emerge Enterprises, LLC DBA Emerge Camps or to the employees, representatives or agents of Emerge Enterprises, LLC DBA Emerge Camps to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on May 01, 2023 and will remain in effect until terminated in writing by the undersigned or December 31, 2024, whichever occurs first. Emerge Enterprises, LLC DBA Emerge Camps shall have the following powers:
a.The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;
b.The power to authorize medical treatment or medical procedures in an emergency situation; and
c.The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.
7. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Rhode Island law.
8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
9. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
10. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
11. EMERGENCY CONTACT. In case of an emergency, please call the contacts indicated during the signup process.
12. RIGHT OF IMAGE USE. I irrevocably give, grand and covey to Emerge Enterprises, LLC DBA Emerge Camps and its agents, without compensation to me or this child, the absolute right and unrestricted permission to photograph/videograph this child during camp normal camp activities and understand copyright and ownership and or use to publish those images or videos belong to Emerge Enterprises, LLC DBA Emerge Camps.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity in which my child may participate, and that it will govern the actions and responsibilities at said activity.
This governing law of this agreement shall be of the State of Rhode Island.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY CONSENTING TO THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
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