Assumption of Risk, Release of Liability, and Exculpation Agreement
1. PARTIES TO AGREEMENT. This Assumption of Risk, Release of Liability, and Exculpation Agreement is entered into by and between Earthbound Skills, LLC (hereinafter "Earthbound") and the signer of this form and/or the student's parent(s) or legal guardian(s) (hereinafter "participant").
2. TERM OF AGREEMENT. This Agreement is entered into by andbetween the Parties on the day this form is submitted, and will be applicable for the entire duration that this student is enrolled in programs with Earthbound.
3. ASSUMPTION OF RISK. Participant is aware of and acknowledges the inherent risks of sickness, injury, death, and property damage involved in participating in Earthbound’s programs, including and without limitation to health and safety risks due to being exposed to or contracting the disease known as COVID-19 or other viral or bacterial infections, risk of physical injuries including sprains, broken bones, pulled or torn muscles or ligaments, injury to the head, cuts, scrapes, bruising, and lacerations, risk of drowning, or death. Participant is aware of the risks of sickness, injury, death, and property damage that may result from, among other causes, the active or passive negligence of Earthbound and its officers, directors, managing members, employees, agents, volunteers, and attorneys (collectively referred to as the “Released Parties”), including without and limitation to the risk of negligent instruction or supervision. Participant is also aware of the inherant risk of potential natural disasters and hazards that may cause a danger to Participant in the form of sickness, injury, death, and property
damage, including and without limitation to falling tree branches, dangerous weather conditions, and fire danger. Participant is voluntarily engaged in Earthbound’s programs with knowledge of the risks of sickness, injury, death, property damage, and other risks, and assumes any and all known and unknown risks of sickness, injury, death, and property damage that may result from participating in Earthbound’s programs.
4. RELEASE OF LIABILITY. Participant releases, covenants not to sue, discharges, and holds harmless the Released Parties from all liability to Participant and Participant’s principals, employees, agents, attorneys, representatives, guardians, successors, assigns, heirs, children, and next of kin for all liability, claims, damage, or
demands for sickness, personal injury, death, or property damage, arising from or related to this Agreement or to participating in Earthbound’s programs, whether the sickness, injury, death, or property damage occurs on or off the premises, or before, during, or after participating in Earthbound’s programs. This Agreement and release includes, without limitation to, any sickness, personal injury, death, or property damage caused by the active or
passive negligence of any of the Released Parties. Participant bears sole responsibility for any loss.
5. KNOWING AND VOLUNTARY EXECUTION. Participant acknowledges that he/she/they has carefully read this Agreement, understands its contents, and understands that this Agreement includes an assumption of the risk of the Released Parties’ negligence and a release of their liability. Participant acknowledges that the Parties are materially relying on this waiver and Agreement, and is allowing Participant to engage in Earthbound’s summer camps and homeschool programs.
6. ARBITRATION. If a dispute arises between the Parties regarding or concerning this Agreement or its terms, the matter must be submitted to binding arbitration. All disputes will be handled and considered according to California law.