1. Program: I desire for my child to participate in activities at West Austin Youth Association (WAYA).
2. Risks: I understand the nature of the physical demands of such activities. I understand that the physical demands of such activities, as well as the activities themselves, may result in injury to my child, and that such injury may be severe. I have made WAYA aware of any and all medical and physical conditions that might affect my child’s participation. I understand that reasonable procedures are employed by WAYA, but that unforeseen circumstances or accidental events may occur, for which WAYA, its officers, agents, representatives, coaches, volunteers, and employees cannot be held responsible. I hereby assume all ordinary risks normally incidental to the nature of this activity and program, including those risks which are not foreseeable.
3. Release: I unconditionally waive and release the West Austin Youth Association, its officers, agents, representatives, coaches, volunteers, and employees, and agree to hold said persons harmless from any and all claims, rights, or causes of action which may be asserted against WAYA, its officers, agents, representatives, coaches, volunteers, and employees by any person as the result of any injuries, expenses, loss of compensation, or loss of experience as a direct or indirect result of the use of the services, facilities, instruction, or premises of the West Austin Youth Association or as a direct or indirect result of my child’s participation, or from any negligence on the part of the West Austin Youth Association, including any act or failure to act.
4. Media Release: WAYA is authorized to photograph the child and use the resulting photographs for any WAYA related use, including but not limited to news media or promotion, website, newsletters. The parents release all rights, title, and interest in the finished photographs and negatives. In consideration for being allowed to participate in WAYA activities and other related events and activities (individually and collectively, ”The Event”), I hereby authorize, license, permit and grant to WAYA, assigns, successors, sponsors, sponsoring agencies, advertisers, and owners or lessors of premises used in connection with the Event, and their respective officers, directors, partners, members, shareholders, employees, agents, independent contractors and representatives (collectively, the “Authorized Parties”), the right to use, reproduce, print, publish or disseminate in all manners and media now known or subsequently developed, in all social media, broadcast, promotion, advertising, information, press releases and press conferences or announcements for the Event or other WAYA programs or events, my name, likeness and voice. I understand the Authorized Parties have no obligation to use my rights of publicity in any materials.
5. Indemnification: I unconditionally promise and agree to indemnify WAYA and its officers, agents, representatives, coaches, volunteers, and employees and to hold said persons harmless from any and all claims, rights, or causes of action which may be asserted against WAYA, its officers, agents, representatives, coaches, volunteers, and employees by any person as the result of any injuries (regardless of severity), expenses, loss of compensation, or loss of experience as a direct or indirect result of the use of the services, facilities, instructions, or premises of WAYA, or from any negligence on the part of WAYA, including any act or failure to act. This agreement to indemnify includes any and all money paid by WAYA, its officers, agents, representatives, coaches, volunteers, or employees to, or charged by, any person (whether by virtue of a settlement or in litigation), including attorney’s fees for any parties to the claim, demand, or litigation.
6. Communicable Diseases: I understand and acknowledge on behalf of myself and my child/children that they may come into contact with, be exposed to or contract a communicable disease while at WAYA. I understand that we will be required to follow WAYA's current safety measures and policies which may include handwashing, temperature checks and/or social distancing. I understand and will follow any recommendations from the CDC that limits my child’s risk for exposure in all public areas. I understand that while present in the facility we will be in contact with children, families and other employees who are also at risk of community exposure. I understand that no list of restrictions, guidelines or practices will remove 100% of the risk of exposure to communicable diseases that can be transmitted. I understand that I play a crucial role in keeping everyone in the facility safe and reducing the risk of exposure by following WAYA's current safety measures and policies. I accept and assume such risks and responsibility for the losses and/or damages related to my child/children's potential exposure to or contraction of a communicable disease, including death, however caused and whether caused in whole or in part by the negligence of the Released Parties. I, on behalf of myself and my child/children, agree to release and hold harmless the Released Parties and their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (collectively, the “Released Parties”), with respect to any liability, claims, demands, causes of action, damages, loss or expense, including court costs and reasonable attorney’s fees of any kind or nature which may arise out of, result from, or relate to a communicable disease during my child/children's participation at WAYA, including claims for liability caused in whole or in part by the negligence of the Released Parties.
7. No Liability Insurance: I have been informed and am aware that WAYA does not provide, nor is any member of my family covered by, any policy of liability insurance which would otherwise serve to compensate members of my family in the event of an injury, expense, loss of compensation, loss of service or other damage (general or special) which I or any member of my family may experience as a direct or indirect result of the use of services, facilities, instructions, or premises of WAYA, or from any negligence on the part of WAYA , its officers, agents, representatives, coaches, volunteers, or employees, including any act or failure to act.
8. Consideration: I hereby acknowledge the validity and adequacy of the consideration for this release being the offering and provision of WAYA.
9. Binding Effect: This agreement is binding upon me and upon my spouse, heirs, assigns, dependents, personal representatives, attorneys, and my estates. This agreement is also binding upon my child or children on whose behalf it is executed and upon any legal guardian thereof.
10. Entire Agreement: This document constitutes the entire agreement between WAYA and the undersigned regarding the subjects covered hereby. All previous agreements, oral or written, are superseded and there exist no further oral or written representatives, promises, assurances, or statements of any kind affecting this agreement except those which are expressly set forth in this document.
