Waiver of Liability

Surprise Scholé Academy

Waiver of Liability

PLEASE READ CAREFULLY! THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS!

I, (we) the undersigned parent or legal guardian of the child(ren) listed on our current application with Surprise Scholé Academy hereby give permission for “Student(s)” to participate in Surprise Scholé Academy classes, activities, and all events associated with Surprise Scholé Academy. Participation is voluntary.

MEDICAL AUTHORIZATION

In the event of an accident or illness and after reasonable attempt has been made to reach me or if sound medical practice decrees that there is not time to make such an attempt, I hereby authorize Surprise Scholé Academy, its authorized representatives and/or supervising parents to seek and to consent for medical treatment for “Student”. I hereby consent to any examination, x-ray, anesthetic, medical or surgical procedure, treatment and/or medical and/or hospital care deemed advisable by a physician, surgeon or dentist. Any and all costs incurred for such medical treatment shall be my sole responsibility.

I hereby release, discharge, and hold harmless Surprise Scholé Academy, its representatives and its parent volunteers from any claims arising out of or relating to the decisions made while acting as my agent in these respects during Surprise Scholé Academy classes, activities, and all events associated with Surprise Scholé Academy.

ASSUMPTION OF RISK

I, (we) the undersigned and parent or guardian of above named “Student”, understand that my child’s participation in Surprise Scholé Academy is voluntary and I accept the inherent risks that may be associated with my child’s participating in this homeschool community such as but not limited to; playing outside of the facility, nature study, science experimentation and all other learning activities my child will participate in during his/her day at Surprise Scholé Academy. In exchange for permitting the voluntary participation of said individual in its programs, I hereby release, discharge, and hold harmless Surprise Scholé Academy, its representatives, and participating parents from any claims arising out of or relating to any physical injury that may result to the above named child, while participating in a Surprise Scholé Academy sponsored event, including any physical injury by the negligence of any peer, mentor, paid nursery workers, parent, board member while performing his/her duties during Surprise Scholé Academy.

RELEASE and WAIVER OF LIABILITY

Parents/Guardians agree to hold harmless, indemnify and defend Surprise Scholé Academy, its leaders, mentors, paid nursery workers, volunteers and participating families from any and all liability, which may result from any person in their family or persons of which they are legal or implied guardians using the church facilities, its entrances, exits, and surrounding areas or during any Surprise Scholé Academy activities or classes.

OFF-SITE ACTIVITIES, EVENTS, and TRANSPORTATION

I further acknowledge and agree that this Waiver of Liability and Assumption of Risk applies to all on-site and off-site activities, programs, and events hosted by, organized through, or affiliated with Surprise Scholé Academy, including but not limited to field trips, outings, group activities, social gatherings, parent events, game nights, and any other events sponsored by or connected to Surprise Scholé Academy (collectively, “Events”). I understand that participation in these Events is voluntary and may involve inherent risks, both known and unknown, including but not limited to travel to and from event locations (including carpools or private transportation), interaction with other participants, and activities that may not be directly supervised at all times. On behalf of myself and my child(ren), I knowingly and voluntarily assume all such risks and agree to release, discharge, and hold harmless Surprise Scholé Academy, its leaders, board members, mentors, employees, volunteers, and participating families from any claims or liability arising out of participation in such Events, including claims arising from the ordinary negligence of the Released Parties, to the fullest extent permitted by Arizona law. I further agree to indemnify and defend the Released Parties against any claims brought by or on behalf of my child(ren) related to participation in these Events, except to the extent caused by gross negligence or willful misconduct.

GOVERNING LAW and VENUE

This Waiver of Liability and Assumption of Risk shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Waiver or participation in Surprise Scholé Academy activities or Events shall be brought exclusively in a court of competent jurisdiction located within the State of Arizona, and I (we) hereby consent to such jurisdiction and venue.

INDEMNIFICATION

To the fullest extent permitted by Arizona law, I (we) agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to my child(ren)’s or my (our) participation in Academy programs or Events, including any claims brought by or on behalf of my child(ren), except to the extent caused by gross negligence or willful misconduct of the Released Parties.

FACILITIES USE

Parents/Guardians agree to hold harmless, indemnify, and defend Surprise Scholé Academy and its Released Parties from any and all liability arising from use of facilities, including entrances, exits, parking areas, and surrounding grounds, during any Academy activity, class, or Event.

SEVERABILITY

If any provision of this Waiver is held to be invalid, illegal, or unenforceable under applicable Arizona law, such provision shall be severed, and the remaining provisions shall continue in full force and effect to the fullest extent permitted by law. It is the express intent of the parties that this Waiver be enforced to the maximum extent allowed by Arizona law.

PARENT/GUARDIAN PARTICIPATION:

I (we) also acknowledge that I (we) may personally participate in Surprise Scholé Academy activities or Events, whether as a mentor, volunteer, attendee, or participant, and agree that this Waiver, Release, and Assumption of Risk applies to me (us) individually for any injury, loss, or damage I (we) may sustain as a result of such participation, and further agree to release, hold harmless, and indemnify Surprise Scholé Academy, its directors, board members, leaders, volunteers, and participating families from any claims related to my (our) participation, to the fullest extent permitted by Arizona law.

By selecting "Yes, I agree" in response to this form, I (we) acknowledge that I (we) have read, fully understand, and voluntarily agree to this Waiver of Liability, Assumption of Risk, Release, and Indemnification Agreement, and intend to be legally bound.

Please note that all parents will be required to sign a hard copy of this form prior to the beginning of the academic year.