Program Waiver and Release of Liability
Classroom Matters Afterschool Program offers a great experience to its participants, and teaches them a great deal about themselves and the world around them. Part of afterschool exploration is going outdoors and participating in physical activities inside. Obviously, with these activities comes some risk. Our purpose in this disclosure is not to worry you, but to point out that there are risks connected with the fun, excitement, and adventure of a great afterschool program. Classroom Matters Afterschool Program (CMASP), with offices located in Berkeley, California, is the provider of afterschool care at St. Alban’s church in Albany, CA. In running the program, CMASP has contracted to provide the program facility, staff, food and maintenance services for the program. As consideration for, and as an express requirement of your child’s participation in Program activities, we require, and are materially relying on the requirement that you understand and agree to a waiver of any and all claims you might have against CMASP, Classroom Matters, Inc., its officers, directors, employees, agents, independent contractors and other representatives, as well as agree to be bound by other terms and conditions stated in this Waiver. As this is a binding legal document, you should read this document carefully before signing. By signing this Waiver, and to the extent permitted by law, you waive any and all claims for damages for death, personal injury, loss or property damage which you may have or which may hereafter accrue to you or your child against CMASP, Classroom Matters, its officers, directors, employees, agents, independent contractors and other representatives (hereinafter referred to jointly and severally as "CMASP") as a result of your child's participation in the Program, and as related to the nature, type or condition of the events involved, and/or with respect to the condition of the sites involved, the supervision provided, and/or the activities performed, whether or not caused by the negligence (active or passive) of CMASP. This Waiver is signed in order for your child to participate in this activity for his or her own personal enjoyment and benefit and is done so freely with full knowledge of the inherent risk and dangers thereto. It is acknowledged that the student will be playing outdoors, participating in cooking activities, and doing other things at the facility, outside the church on the surrounding streets, and at the playgrounds where we take the kids, with the inherent dangers and risks associated with program activities. By signing this agreement, you further acknowledge that you agree to assume and bear sole responsibility for these dangers and risks and to absolve and hold harmless CMASP from any and all risks of any nature and kind associated with program activities or with transportation from school to St. Alban’s or any parks in which CMASP is holding sessions. You also agree to indemnify, defend, and hold CMASP free and harmless from any and all expenses, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including but not limited to interest, penalties, attorney's fees, expert witness fees, costs, and other expenses) of any nature or kind which are incurred by the indemnity ("losses"), known or unknown, contingent or otherwise, directly or indirectly arising from or related to student’s participation in Program activities, or in connection with being transported from student’s school to St. Alban’s or any park in which CMASP is holding sessions. It is also understood and agreed that CMASP has made no promise or pledge, express or implied, to provide any special facilities or services to those with any medical problems, health problems, or physical disabilities, including but not limited to accommodation of special diets, other than as expressly set forth in the Medical Release and History Form, and which CMASP, in its sole discretion, predetermines it can reasonably provide based solely upon the information and student’s history provided in said Medical Release and History Form, and the inherent limitations of Program staff and facilities. It is understood that enrollment is on a first-come, first-served basis with consideration for gender balance and instrumentation and that any student deposit, along with all required forms, must be received by Classroom Matters Afterschool Program prior to arrival at Program. It is also understood that acceptance to Program may be denied due to Classroom Matters’s inability to accommodate certain conditions, including but not limited to, program capacity, or behavioral concerns. No refund or adjustment is made, and no prior notice is made, if CMASP changes its program by adding, altering, or deleting activities as deemed necessary by the Program Director. Further, you understand and agree that, for the safety and comfort of everyone, the Program is a non-smoking program, and is in conformance with all applicable laws governing drug use, alcohol use by minors, environmental protection, health, and safety. Rules established to protect the property, privacy and safety of the Program, students, and CMASP will be enforced. Students’ willful violation of Program rules can lead to dismissal from Program. CMASP reserves the right to dismiss or remove a student for dangerous, unsafe, or inappropriate behavior at any time. It is acknowledged that if student is dismissed or otherwise removed from the Program, the student’s family will be completely responsible for making arrangements for transportation, and that CMASP shall make no refunds of any funds paid in association with this Program. It is agreed that CMASP, Inc. may use any pictures, videos, or sound recordings taken of student during program time.This agreement hereby incorporates by reference in their entirety as if fully set forth herein, the Medical Release Form, and the student’s Application Form or online registration. To the extent there are any conflicting terms and conditions in the incorporated agreements hereto, this Student/Family Liability Waiver shall control and supersede any such provisions. This agreement shall represent the full and complete agreement between the parties, and any modification of the terms set forth herein shall be effective only if in writing and signed by all parties hereto. The parties to this agreement stipulate that this agreement shall be considered to have been entered into in Alameda County, California, and that any interpretation of the terms of this agreement shall be made under California law, without respect to its conflict of laws provisions. I certify that I have read this document and that I understand and agree to all of the foregoing information, terms, and conditions.
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