I, the undersigned, am the parent and/or legal guardian of the above named child/children and I permit my minor child/children to enter upon the premises of Paradise Island Kids ("PIK"). Further I permit my child/children to participate in any PIK's activity(ies) ("Activity") of any nature conducted thereon, I, for myself and behalf of my child/children, personal representatives, assigns, heirs, and next of kin, hereby:
1. ACKNOWLEDGE, agree and represent that my child/children are in good health, and in proper physical condition to participate in the Activity. I agree, that further, that my child/children will conduct herself/himself at all times in accordance with the policies, rules and regulations of PIK.
The classes being offered by PIK are not licensed by the Massachusetts Department of Early Education and Care ("DEEC MA") or any other state agency. PIK is exempt from the DEEC MA daycare policies and therefore all children may not attend more than 4 hours a day and no more than 6 days per month.
2. I FULLY UNDERSTAND that: (a) CERTAIN ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these Risks and dangers may be caused by my child's/children's actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE 'RELEASES' NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSES either not known to me or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSES, COSTS, AND DAMAGES I incur as a result of my child's/children's participation in the Activity.
3. I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the PIK, including its parent company, related affiliated and subsidiary companies of each, as well as the officers, directors, agents, employees and assigns of each, and the PIK's teachers, coaches, officials, administrator, members, volunteers, participants, sponsors, advertisers, and if applicable owners and lessors of premises on which the Activity takes place, and any other party indemnified and held harmless by the PIK (each considered one of the "RELEASES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, SUITS, LOSSES, OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, BODILY HARM OR INJURY TO MY CHILD/CHILDREN, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PARTY BY THE NEGLIGENCE OF THE "RELEASES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS, NEGLIGENT SECURITY, TRAVEL, AND RECREATIONAL OPERATIONS AND ACTIVITIES; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Release's, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS BEACH OF THE RELEASES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
4. MEDICAL TREATMENT; I grant to the PIK and its employees and owner full authority to take whatever actions they deem necessary regarding my child/children's health safety in the event I cannot be reached or in the situation where time is of the essence; to act as guardians/spokesman in granting permission for emergency treatment/hospitalization (including anesthesia) if necessary for my child en route to or from or at the site of PIK Activity or hospital or other medical facility and fully release PIK and its employees and owner from any liability in connection with those actions and decisions. I understand that should a health emergency arise, I will be attempted to be notified, but that if I cannot be reached by telephone, such medical treatment as deemed necessary, by competent medical personnel is authorized.
5. MARKETING/PUBLICATION; I hereby authorize PIK to allow the reproduction, dissemination and/or publication of my child's/children's name and likeness for media coverage, public relations, or any other purpose which may involve the use of photographs, films, and/or video tape recording. This is to be done in conjunctions with my child/children participating in the PIK events/Activities and I understand and agree that I may neither pay a fee to receive individual promotional consideration from my child's/children's participation in the events/Activities, nor will I nor my child/children receive any payment for the possible commercial use of my child's/children's name or likeness.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS FOR MYSELF AND MY MINOR CHILD/CHILDREN BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.