As the parent/person having legal custody/guardianship of the registered CHILD(REN) effective as of the date I complete the registration, I give permission for MY CHILD(REN) to participate in all Challenge Island programs/activities. In consideration of the benefits to be derived from the participation of MY CHILD(REN) in Challenge Island programs/activities, I, on behalf of myself, my spouse MY CHILD(REN) and their caregiver (if any) hereby:

 

1)              Agree to release and hold harmless Challenge Island Global, LLC,  its franchisee, the parents, subsidiaries and affiliates of each of them and all owners, officers, directors, representatives, agents, employees, and guests of, and all others associated with,  each of the foregoing entities (collectively, “Challenge Island Released Parties”) from any and all liability for any injuries or damages that I, my spouse or MY  CHILD(REN) may suffer in connection with or as a result of the programs/activities sponsored or conducted by any of the Challenge Island Released Parties, regardless of any negligence or fault on behalf of any of the Challenge Island Released Parties. I agree that the terms of this Waiver and Release shall apply to myself, my spouse and MY CHILD(REN), as well as our and their respective heirs, estates, executors, and assignees and that I, my spouse and MY CHILD(REN) assume full responsibility for, and risk of, bodily injury, death or property damage.

 

2)              Agree to indemnify, protect, defend and hold harmless the Challenge Island Released Parties from and against any and all claims and/or damages, liens, judgments, penalties, attorneys’ and consultants’ fees, expenses and/or liabilities, resulting from, arising out of, involving, or in connection with participation in any Challenge Island programs and activities by me, my spouse and/or  MY CHILD(REN). If any action or proceeding is brought against any of the Challenge Island Released Parties by reason of any of the foregoing matters, I will upon notice defend the same at my expense by counsel reasonably satisfactory to the Challenge Island Released Parties and the Challenge Island Released will remain in control of the defense and have full authority to agree or not agree with any settlement offers and demands. The Challenge Island Released Parties need not have first paid any such claim in order to be defended or indemnified. 

 

3)              Acknowledge that, in case of an emergency, I understand that I, my spouse and MY CHILD(REN) will be transported to an appropriate medical facility by the local emergency unit for treatment if the local emergency resources deem it necessary. Transportation will be at my own expense.  I acknowledge that it is my responsibility to provide medical insurance coverage for MY CHILD(REN) while participating in any Challenge Island programs and activities and further acknowledge that any costs of medical treatment provided to MY CHILD(REN) named herein that are not covered by medical insurance will be my sole responsibility.  I acknowledge that if I cannot be reached in the event of an emergency, I hereby give permission to the physician and emergency response providers dispatched to the scene by 9-1-1 to secure and administer treatment, including hospitalization, for MY CHILD(REN). 

 

4)              Acknowledge that MY CHILD(REN) are in good physical condition and do not know of any condition or reason that MY CHILD(REN) should not participate in the Challenge Island programs/activities.  I further acknowledge that the Challenge Island Released Parties will not be liable for any allergic reaction experienced by MY CHILD(REN), including without limitation food allergies.  

 

5)              Acknowledge that the Challenge Island programs and activities in which MY CHILD(REN) will participate may be conducted at a facility owned and operated by an independent third party (e.g. school, family entertainment center, community center or public park) (a “Facility”) and that MY CHILD(REN)’s participation in any Challenge Island program or activities may be subject to additional waivers and released required by the owners of such Facility.  I agree to indemnify, hold harmless and defend the Challenge Island Released Parties for all losses and expenses incurred by any of the Challenge Island Released Parties for any and all claims by the owner of the Facility or any other third party arising from or related to my, my spouse’s, my caregiver’s (if applicable) or MY CHILD(REN)’s participation in the Challenge Island programs and activities, breach of this Waiver and Release, negligence or willful misconduct.  I further acknowledge that the  Challenge Island Released Parties are not responsible for the supervision of MY CHILDR(REN) at any such Facility except during the time in which MY CHILD(REN) are directly engaged in participation of a Challenge Island program and expressly excluding any “free play” time at such Facility.    

 

6)              Acknowledge that MY CHILD(REN)’s participation in a Challenge Island program or activity is subject to my, my spouse’s, my caregiver’s (if applicable) or MY CHILD(REN)’s consent to and compliance with the Challenge Island Participant Policies. 

7)              Agree to allow artwork and other products created during MY CHILD(REN)’s participation in a Challenge Island program or activity may be produced by Challenge Island Released Parties for promotional purposes of Challenge Island programs and activities generally, including publication on websites, in reports and other documents.  MY CHILD(REN)’s name will not be attributed to any such artwork or products at any time without my prior written permission. 

8) Represents and warrants that neither myself, MY CHILD(REN) nor any other member of my household:

• Are experiencing or within the past 14 days experienced any symptom of COVID-19, such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.

• Have traveled to or been exposed to any person who has traveled to an area subject to a CDC Level 3 Travel Health Notice within the past 14 days.

• Has been exposed to any person who has a suspected or confirmed case of COVID-19 within the past 14 days.

• Have been diagnosed with COVID-19 and not yet cleared as non-contagious by a medical doctor or state or local public health authorities.

9. Acknowledge that, although the Challenge Island Released Parties have taken steps to implement recommended guidance and protocols issued by the Center for Disease Control for slowing the transmission of COVID-19, due to the nature of the facilities and Challenge Island programs provided, social distancing of 6 feet per person among children and the Challenge Island teachers is not possible. I understand the known and potential dangers of MY CHILD(REN)’s participation in the Challenge Island programs and that such participation may, despite the Challenge Island Released Parties’ reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability and/or death.

9. Acknowledge that this Waiver and Release is intended to be as broad and as inclusive as permitted by applicable law and agree that if any portion is held invalid, the remainder will continue in full legal force and effect.

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVED MAY BE DANGEROUS OR CARRY WITH THEM INHERENTLY DANGEROUS RISK THAT MAY NOT BE ELIMINATED, AND INVOLVE THE RISK OF ILLNESS, SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY ILLNESS OR INJURIES THAT I, MY SPOUSE OR MY CHILD(REN) SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS BUT NEVERTHELESS THE PROVISIONS ABOVE OF THIS WAIVER AND RELEASE WILL APPLY WITH RESPECT TO ALL CHALLENGE ISLAND RELEASED PARTIES. I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING, AND ALLOWING MY SPOUSE AND MY CHILD(REN) (AND THEIR CAREGIVER, TO THE EXTENT APPLICABLE) TO PARTICIPATE, IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF ILLNESS, INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF ANY OF THE CHALLENGE ISLAND RELEASED PARTIES, THE COMPANY PROVIDING THE EMERGENCY RESPONSE/RESCUE OPERATIONS OR OTHERWISE.