Release of Liability
Effective: January 1, 2020.
All parents or legal guardians of their minor children (the “Participant”) and on behalf of the Participants must agree to abide by the following release of liability and assumption of risk:
I hereby give permission for the Participant to participate in the enrichment programs and activities ("Brighter Bee Programs") provided by Brighter Bee Academy, a New Jersey after-school program.
I understand the legal consequences of signing this document, including (a) releasing the Brighter Bee Academy and Brighter Bee Programs, and its officers, directors, employees, contracted employees, independent contractors, instructors, agents, organizers, and volunteers (collectively, the “Brighter Bee Affiliates”) from all liability on my and the Participant’s behalf, (b) promising not to sue on my and the Participant’s behalf, (c) and assuming all risks of the Participant’s participation in the Brighter Bee Programs. In consideration of my child being permitted to participate in the Brighter Bee Programs, I warrant that both myself and my child are aware and understand that the Brighter Bee Programs are dangerous and are familiar with the risks associated with participation in the Brighter Bee Programs, I acknowledge that my child’s participation in this program is wholly voluntary and is not part of the regular school curricular program.
I do hereby agree and consent to my child’s participation in the Brighter Bee Programs and do accept and assume all risks and hazards to my child’s health and of his/her injury or death that may result from such participation which are conducted as part of the associated activities. I expressly agree that my minor child may suffer injury, illness, or even death from his/her activities or presence in the Brighter Bee Programs and/or the Brighter Bee Academy.
I hereby release and absolve, to the fullest extent permitted by law, the Brighter Bee Programs, the Brighter Bee Academy, and any and all of the Brighter Bee Affiliates from any and all actions, claims, demands or liabilities that I, my assignees, heirs, distributes, guardians, and legal representatives now have or may hereafter have for damage, injury, or expense of any kind arising out of or connected with my child, his/her personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my child’s property and for any and all illness or injury to my child’s person, including his/her death, that may result from or occur during my child’s participation in the Brighter Bee Programs, irrespective of whether the same is based on breach of warranty, negligence, strict liability or any other theory or recovery. As consideration for being permitted to participate in the enrichment programs and activities, I hereby agree that I, my assignee, heirs, distributes, guardians, and legal representatives will not make claim against, sue or attach the property of the Brighter Bee Academy, or their affiliates or the supplier of any of the equipment used in these activities for injury or damage resulting from negligence, failure of care, omission or other acts, howsoever caused by an employee, agent or contractor of the Brighter Bee Academy and any affiliate as result of incidental to my child participation in these activities. I further agree to indemnify and hold harmless Brighter Bee Academy, the Brighter Bee Programs and any of the Brighter Bee Affiliates from liability for the injury or death of any person(s) and damage to property that may result from my child’s negligent or intentional act or omission while participating in the Brighter Bee Programs.
I represent that I possess adequate hospitalization and medical insurance to meet any needs for payment of hospital and medical cost for my child while participating in the Brighter Bee Programs. Should my child require emergency medical treatment as a result of accident or illness arising during participation in the Brighter Bee Programs, I consent to such treatment and agree to be financially responsible for any medical bills incurred as a result of emergency medical treatments. In the event of any illness or injury, I hereby consent to whatever examination, diagnosis, or treatment and the hospital care from a licensed dentist, physician, and/or surgeon as deemed necessary for my child’s safety and welfare. I understand that the resulting expenses will be my responsibility and not the Brighter Bee Academy's or the Brighter Bee Program’s, or any Brighter Bee Affiliates’. As a condition of participation in the Brighter Bee Programs by the Participant, I acknowledge that I have read this consent form, and knowingly, on behalf of my child, assume all of the risks associated with participating in any way in the Brighter Bee Program.
I acknowledge that the Brighter Bee Academy is an out-of-school program and not a licensed childcare or daycare facility.
I ACKNOWLEDGE THAT THE BRIGHTER BEE PROGRAMS 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. I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS AND CAUSES OF ACTION FOR MY CHILD’S INJURY OR DEATH OR DAMAGE TO MY CHILD’S PROPERTY THAT OCCURS WHILE PARTICIPATING IN THE ABOVE DESCRIBED ENRICHMENT PROGRAMS AND ACTIVITIES AND THAT IT OBLIGATES ME TO INDEMNIFY THE PARTIES NAMED FOR ANY LIABILITY FOR INJURY OR DEATH OF ANY PERSON AND DAMAGE TO PROPERTY CAUSED BY MY CHILD’S NEGLIGENT OR INTENTIONAL ACT OR OMISSION. I EXPRESSLY UNDERSTAND AND AGREE THAT THIS RELEASE IS INTENDED TO BE AS BROAD AS PERMITTED BY LAW. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY.
This agreement constitutes the sole and entire agreement of the Brighter Bee Academy and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceable shall not affect any other term or provision of this agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This agreement is binding on and shall inure to the benefit of the Brighter Bee Academy and me and their respective successors and assigns.