ASPIRING YOUTH ACADEMY Release and Waiver of Liability This Release and Waiver of Liability (“Release”), releases Aspiring Youth Academy (“AYA”), a 501(c)(3) nonprofit corporation organized and existing under the laws of the State of Arizona and each of its directors, officers, employees, and agents, from liability as set forth below. My child desires to attend AYA’s Spring Break Camp (“Camp”) as a participant and to engage in those activities hosted at Camp that may or may not be hazardous, including but not limited to camp activities as listed on AYA’s camp website, ropes courses, climbing wall, canoeing, swimming, hiking, and sports of all kinds (the “Activities”).
1. Camp Experience and Inherent Risks. AYA’s Spring Break Camp offers a unique experience in a traditional outdoor camping environment. Such environments have inherent risks, including but not limited to trips and falls due to uneven ground; injuries caused by natural elements such as sharp plants or rocks, falling trees, dangerous wildlife or plants; exposure to unpredictable weather; and other concerns related to outdoor activities. The very nature of a camping environment is unpredictable, and all risks cannot be eliminated. By signing this document, I acknowledge and accept these inherent risks for my child associated with their stay at Camp and understand that AYA is not responsible for any harm or injury that may occur to my child due to such inherent risks.
2. Risks Associated with Participation in Activities. I understand that the Activities at Camp may be inherently dangerous and may expose my child to a variety of foreseen and unforeseen hazards and risks due to the characteristics of the Activities and uncontrollable nature of surrounding elements. These risks may include, but are not limited to, equipment malfunction, loss of control, collisions, obstacles, drowning, variation of terrain and unexpected actions by animals or by other people. I also acknowledge that other campers may act in a negligent manner that can contribute to injury of themselves or to my child, such as failing to maintain control, not acting within their abilities, or not following rules and instructions. I understand that these risks include risks of injury, illness, death, and property damage or loss, and that they may arise from my child’s own actions or from the actions of others at or near Camp or encountered when traveling to Camp or activities offsite. I also understand that even if AYA, my child, and other persons present at AYA’s camping facilities follow all health and safety protocols, my child may still be exposed to COVID-19 or other infectious diseases.
3. Personal Property. AYA is not responsible for any loss, theft, or damage to personal property brought by participants to Camp. AYA encourages participants to leave valuable items at home. Camp participants are solely responsible for the care and responsibility of their personal items. By signing, I acknowledge and agree to assume all risk of loss or damage to any personal property.
4. Meals and Dietary Restrictions. The meals served throughout the duration of Camp will be provided by CampWay. CampWay offers a range of meals to accommodate dietary restrictions, such as vegetarian, vegan, and gluten-free options. CampWay’s facilities are not exclusively allergen-free. AYA does not undertake to enforce or monitor Camp participants’ dietary or meal choices. The preparation of meals is done solely by CampWay and AYA is not involved in the meal preparation process. If a participant has severe allergies that could lead to health concerns, it is the participant’s responsibility to protect themselves. I am responsible for providing accurate and complete medical, behavioral, allergy, and dietary restriction information critical to my child’s safe enjoyment and participation in Camp activities. AYA is not liable for any allergic reactions or injury or illness that results from a dietary condition. By signing this release, I acknowledge these risks and undertake personal responsibility to ensure my child is informed of QB\87002077.1 2 their allergies and what types of foods they can or cannot consume. To the extent necessary, I will provide my child with alternative meals from home to consume at Camp.
5. Dismissal of Participant. I understand that AYA may, in its sole discretion, dismiss any Camp participant for inappropriate, disrespectful, or dangerous behavior at any time. If this occurs, I understand that I will be tasked with picking up and retrieving my child from Camp. If my child breaks or damages any property as a result of their direct or indirect behavior, I hereby agree to pay for its repair or replacement or reimburse AYA for such payment or replacement.
6. Awareness and Assumption of Risk. I understand the information contained in this Release and confirm and acknowledge that these are risks associated with attending Camp. With such information and awareness, and with the recognition that other factors may create additional such risks, I knowingly, freely, and voluntarily: (a) sign up my child to participate in AYA’s Camp; (b) permit my child to engage in the Activities; and (c) assume and accept the risks of all injury, death, property damage or loss, financial obligation, loss of privacy, loss of reputation, and all other injuries and other consequences, whether known or unknown, whether foreseen or unforeseeable, and whether incurred at AYA’s camping facilities or elsewhere, that may result, directly or indirectly, from my child’s presence at AYA’s Camp, regardless of the cause. I hereby release AYA from all liability and expressly and specifically assume such risks and assume full responsibility for my child’s safety and well-being while they are participating in such Activities.
7. Waiver and Release. I hereby fully waive and forever release and discharge AYA, its officers, directors, employees, successors and assigns, from and against any and all liability, claims, costs, expenses and demands of whatever kind or nature, either in law or in equity, which I or my heirs, next of kin, or legal representatives may have or which may later accrue, caused by or arising directly or indirectly from or in connection with the Activities, my child’s attendance at or participation in AYA’s camping and related programs, and, including without limitation, any such liability, claims and demands arising from the negligent acts or omissions of AYA or its officers, directors and staff. I agree not to make or bring any such claim or demand against AYA, and fully and forever release and discharge AYA from liability under such claims or demands. I UNDERSTAND AND ACKNOWLEDGE THAT THIS RELEASE DISCHARGES AYA FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST AYA WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR PROPERTY LOSS THAT MAY RESULT FROM THE SERVICES PROVIDED TO MY CHILD OR OCCURRING WHILE THOSE SERVICES ARE BEING PROVIDED, WHETHER CAUSED BY THE NEGLIGENCE OF AYA OR OTHERWISE.
8. Medical Treatment. I hereby give consent and grant authority to AYA to obtain medical treatment on behalf of my child if they are injured or require medical attention during their participation in the Activities or during their time at Camp. AYA may approve any and all non-emergency or emergency treatment and are authorized to sign any and all medical release or required form(s) on my behalf. In the event of an emergency, I understand that I will be notified of the situation as soon as practicable. I understand and agree that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation. I hereby release, forever discharge, and hold harmless AYA from any claim whatsoever in connection with such treatment or other medical services.
9. Photographic Release. I understand and agree that during the Activities, my child may be photographed and videotaped by AYA for internal and promotional use. I grant and convey to AYA all right, title, and interests, including but not limited to, any royalties, proceeds, or other benefits, in any and all such photographs, materials my child creates as a Camp participant, images, video, or audio recordings QB\87002077.1 3 of my child, their likeness or voice made by AYA in connection with their attendance at AYA events. I consent to AYA’s use of my child’s name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission.
10. Miscellaneous. I hereby agree that this Release represents the full understanding between AYA and me and supersedes all other prior agreements, understandings, representations, and warranties, both written and oral, between us, with respect to the subject matter hereof. If any term or provision of this Release shall be held to be invalid by any court of competent jurisdiction, that term or provision shall be deemed modified so as to be valid and enforceable to the full extent permitted. The invalidity of any such term or provision shall not otherwise affect the validity or enforceability of the remaining terms and provisions. This Release is binding on and inures to the benefit of AYA and me and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. Section headings are for convenience of reference only and shall not define, modify, expand, or limit any of the terms of this Release.
11. Governing Law. I hereby agree that this Release is intended to be as broad and inclusive as permitted, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Arizona, without reference to any choice of law doctrine.
BY SIGNING BELOW', I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE AYA.
