Release and Waiver of Liability and Indemnification Agreement
1. Release and Waiver of Liability and Indemnification Agreement: In consideration for being permitted to participate in programming offered by Briar Bush Nature Center and the associated activities and programming, I understand and agree on behalf of myself and any minor under my care or supervision:
- Briar Bush Nature Center provides program enrollees with the opportunity to access and use the Briar Bush Nature Center's facilities and participate in activities and programming including but not limited to nature play, art, crafts, games, and other activities in a group setting.
- Briar Bush Nature Center has established rules of conduct and safety protocols (Mitigation Plan for Modified In-Person Programming) which have been communicated to me in writing. The Mitigation Plan is also prominently displayed on the website. I understand that the Mitigation Plan may be revised from time-to-time without any prior notice. I will comply with the Mitigation Plan for the duration of the program.
- In the event of an emergency, I authorize Briar Bush Nature Center or a third party to secure from any licensed hospital, physician, or medical personnel any treatment deemed necessary for immediate medical care. I agree that I will be solely responsible for payment of any and all medical services rendered.
- Using any of Briar Bush Nature Center’s facilities or participating in any activities or programming associated with Briar Bush Nature Center’s programming involves certain known and unknown risks, hazards and potential inconveniences to myself and any minor under my care including, but not limited to activities that place stress on the respiratory, nervous, immune, circulatory, skeletal and muscular systems, contact injuries, water play, extreme weather, prolonged sun exposure, rough surface conditions, slippery surface conditions, hot surface conditions, uneven terrain, insect bites, skin irritants, malfunctioning equipment, transportation, violations of the Code of Conduct by other individuals, tortious conduct by other individuals, group gatherings and coming into contact with bacteria, viruses and diseases that may spread through air, water, surfaces or exposure to other people such as COVID-19 (each a “Risk”). Any Risk has the potential to cause or lead to destruction of personal property, physical injury, mental injury, illness, disability, or death. I acknowledge that I am willingly and voluntarily participating in Briar Bush Nature Center’s programming, desire to use Briar Bush Nature Center’s facilities and desire to participate in the activities and programming associated with Briar Bush Nature Center with knowledge of the Risks involved and hereby agree to accept and assume any and all such Risks, whether caused by the negligence of Briar Bush Nature Center or otherwise.
- I hereby expressly waive and release any and all claims, now known or hereafter known, against Briar Bush Nature Center and its employees, officers, directors, elected officials, appointed officials, volunteers, agents, subcontractors, successors and assigns, in their professional and individual capacities (collectively, the “Releasees”), on account of injury, illness, disability, death, or property damage arising out of or attributable to using Briar Bush Nature Center’s facilities or participating in any activities or programming associated with Briar Bush Nature Center, whether arising out of the negligence of Briar Bush Nature Center or any Releasees or otherwise. I covenant not to make or bring any such claim against Briar Bush Nature Center or any other Releasee, and forever release and discharge Briar Bush Nature Center and all other Releasees from liability under such claims.
- I shall defend, indemnify, and hold harmless Briar Bush Nature Center and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, expenses or fees of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification under this Agreement.
2. Health Care Authorization and Release: In case of participant’s injury or illness, I authorize the following actions:
Any activity personnel may, at his/her discretion, notify the physician whose name and telephone number appear under this participant's registration information. Likewise, any personnel may render first aid to the participant for minor injury or emergency situation. Any licensed medical practitioner may perform necessary aide or care to the participant or volunteer. I, the adult participant or parent/guardian of a minor participant, whose signature appears below, assume the risk and liability for:
Personal injury to participant: I understand that, by their very nature, certain activities involve a possibility of injury to the participant. I certify that the participant is insured by a medical-care plan including hospitalization coverage.
Other casualties: Injury to another person or property damage caused by participant. Furthermore, I release, absolve, indemnify and hold harmless the Township of Abington/Bureau of Parks and Recreation, the Friends of Briar Bush and all activity personnel from all liability to any person or thing in connection with the activity, including but not limited to the above.
3. Refund Policy: Payment in full is due at time of registration. No refunds are given within two weeks of the start of a program. A 20% service fee will be charged for withdrawals or transfers prior to two weeks of the start of a program. There are no refunds or make-ups for missed days. I have read and understand the program refund policy.
4. Briar Bush Nature Center Photo Release Form: I, the adult participant or parent/guardian of a minor participant, grant the right to use the above named child's image, photograph and video, including composite or modification, representations in publications, brochures, newsletters, reports, website and any other material relating to Abington Township programs, activities and facilities. I waive the right to inspect or approve versions of my/our image used for publication or written copy that may be used in connection with the image. The child's name will not be used in connection with the image(s). I understand that there is no compensation for use of the image(s).