WAIVER AGREEMENT, RELEASE OF LIABILITY,
and ASSUMPTION OF RISK AND PHOTOGRAPHIC IMAGE RELEASE
FOR PLAYFUL WANDERINGS, LLC ACTIVITIES
PLEASE READ THIS ENTIRE WAIVER/PHOTO RELEASE AGREEMENT BEFORE ACCEPTNG IT. BY CLICKING THE ACCEPTANCE BOX IN OUR REGISTRATION SOFTWARE, YOU AGREE TO ALL OF THE PROVISIONS OF THE LIABILITY WAIVER/PHOTO RELEASE AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
BY ACCEPTING THIS WAIVER AGREEMENT, YOU AND/OR YOUR CHILD ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE, FOR ANY REASON.
Activity and Associated Risks: Playful Wanderings conducts outdoor nature classes, including without limitation, outdoor play and hiking (hereafter referred to as "Activity or Activities"). Playing outdoors and/or hiking can be inherently dangerous activities. While hiking my child(ren) and or myself may be exposed to dangers and hazards, including but not limited to: falling rocks, inclement weather, slippery walkways or terrain, uncertain trail conditions, trip hazards, hostile or aggressive wildlife, falls, skin cuts or scrapes, sprains, bone fractures, concussions, plant allergens or other irritants, biting or stinging insects, negligence of others, temporary or permanent injuries, and/or death.
COVID-19 Risks: The coronavirus SARS-CoV-2 and the disease it causes, COVID-19, are extremely contagious and present a risk of severe illness and death. Playful Wanderings has planned to use preventative measures recommended by health agencies for its programs/camps. However, Playful Wanderings cannot guarantee that you or your child will not become infected with the virus (or any other illness). Attending a program/camp could increase your risk and your child’s risk of infection and the infection of others with whom you interact.
Assumption of Risk: I and/or my child(ren) have voluntarily chosen to participate in these Activities. I voluntarily, knowingly, and expressly assume the above mentioned risks as well as other risks not listed that are part of, related to, or arising from participation in the Activity, and any harm, injury, illness, or loss that may occur to me and/or my child(ren) as a result of my participation in the Activity or during any transportation to or from the Activity including any injury or loss caused by the negligence of Playful Wanderings, its employees, agents, and officers, its contractors, its vendors, and other activity participants.
Release of Liability: I forever and fully release Playful Wanderings, its officers, directors, owners, representatives, employees, volunteers, heirs, successors, and assigns, for from and against any claim, injury, illness, loss, liability, damage or expense (including attorney's fees) arising out of my or my minor child(ren)'s participation in any Activity with Playful Wanderings, and hereby waive all rights to bring any such claim.
Indemnification, Hold Harmless and Defend: I agree to indemnify, defend and hold harmless Playful Wanderings officers, directors, owners, representatives, employees, volunteers, heirs, successors, and assigns and its representatives in connection with any claim, injury, loss, illness, liability, damage or expense (including attorney's fees) arising out of my or my minor child(ren)'s participation in any Activity.
Other Health Related Provisions:
- I confirm that I am and/or my child(ren) is/are in good health without any physical or mental condition that would create an unreasonable risk of harm to myself and /or my minor child, to the representatives of Playful Wanderings, or to any other participant in the Activity.
- I acknowledge that Playful Wanderings is entitled to and shall rely on my forgoing representation concerning good health.
- I acknowledge that my representations and agreement herein constitute a material part of the consideration in exchange for which Playful Wanderings will allow me and/or my child(ren) to participate in the Activities.
- I authorize the representatives of Playful Wanderings to provide me and/or my child with emergency medical treatment, knowing that neither Playful Wanderings nor its representatives are medical professionals, and I release them from any tort liability resulting from such medical treatment.
- I accept full financial responsibility for any medical expense or treatment for myself and/or my minor child which may result from participating the in Activities.
I understand that Playful Wanderings strives to create a safe, fun, and supportive environment. Youth are introduced to the basic rules of behavior at our programs/camps on the first day of the session. Furthermore, I understand that if a situation should arise in which my child is unable to follow the rules, acts in a manner that makes it impossible for the group to function normally or displays behavior that jeopardizes the health and safety of an individual or the camp as a whole, we reserve the right to remove your child from the session/camp and will not allow a refund, partial or otherwise. As part of my/my child’s participation in the Activity, I hereby grant to Playful Wanderings and its agents, successors and assigns the irrevocable and perpetual right and permission to: (a) photograph, film, record me or my child in connection with the Activities; and (b) use, incorporate, broadcast, distribute, publish, edit and otherwise exploit my or my child’s name, likeness, voice, image, testimony or statements (the “Material”) in whole or in part for any purpose in any and all forms and all media, now known or hereafter devised, throughout the universe and in perpetuity, as well as for promotion, publicity and advertising and any other lawful purpose, with no compensation to me or my child and without any right to approve the finished version(s). Playful Wanderings solely owns all right, title and interest in and to all physical materials incorporating such images or likeness as well as all copyrights in and to all photographs, video and any other finished product incorporating the Material. I hereby release Playful Wanderings from, and covenant not to sue Playful Wanderings for, any claim or cause of action, including (but not limited to) libel, slander, defamation, invasion of right of privacy, publicity or personality based upon or relating to the use of the Material or the exercise of any of the rights referred to herein.
- I agree that this Waiver Agreement shall be governed by the law of the State of Ohio, and that the courts located in Hamilton County, Ohio shall have exclusive jurisdiction and venue for any claim arising hereunder. I also agree that this Waiver Agreement shall be binding upon me, my representatives, heirs and assigns, and upon my minor child(ren) and his/her/their representatives, heirs and assigns.
- I agree that, should any part of this Waiver Agreement be deemed void by a court of law, the enforceability of the remaining provisions shall not be affected. I agree that this Waiver Agreement constitutes the entire agreement and understanding between myself and Playful Wanderings concerning the subject matter hereof and supersedes any prior agreement or understanding relating to the same.
I have fully and carefully read and understand this Waiver Agreement and do hereby voluntarily execute the same for myself and any children I register for a program with Playful Wanderings as of the date of program registration.
Fluffy White Clouds
Butterfly on Thistle
Misty Forest Reflection