Acknowledgement and Assumption of Risk, Release of Liability, Waiver of Claims, and Indemnity Agreement to Consent and Participate
The staff at Wild Beginnings Nature School will make every reasonable effort to ensure that:
a) Staff, volunteers, employees and independent contractors and/or Service Provider are suitable trained and qualified.
b) The students who undertake the program or activities will be adequately supervised.
c) The location(s) used for this program are appropriate for the planned itinerary and group.
d) Any equipment made available or used in the activity has been inspected and is deemed safe.
e) A Safety Plan has been developed to identify and manage known potential risks.
In consideration of Wild Beginnings Nature School, (referred to as WBNS) agreeing to participation in the Nature School program, the parent or legal guardian acknowledges and agrees as follows:
Acknowledgement and Assumption of Risks:
1. I understand and acknowledge that the WBNS programming in which the participant/my child will participate may be physically strenuous and has risks, dangers and hazards including, but not limited to:
A. Hazards associated with being outdoors which may include walking/working on steep, slippery or uneven ground, holds, falling tree limbs or rocks, exposure to managed (grown) vegetables and unmanaged plants (those that grow in nature such as weeds, shrubs, trees, berries etc.), exposure to pollens, dusts.
B. Unpredictable and changing weather that could result in exposure to sunlight, heat, cold, wet or windy weather, lightning, and animals, including dogs, bears, deer, elk, cougars, rodents, snakes, birds, tics, insects, bees, spiders, etc.
C. Hazards associated with using hand tools and equipment such as hand drills, loppers, hand-saws, mallets, wooden tent pegs, ropes, etc.
D. Hazards associated with being around a campsite fire.
E. Hazards associated with being in or around a wetland area and water.
F. Hazards associated with gardening such as lifting, bending, carrying buckets of produce and using hand tools such as shovels, hoes, trowels, shears and scissors and equipment such as ladders, wheel barrels, buckets, baskets, rope, wire, gloves, etc.
G. Hazards associated with having direct contact with organic materials such as composted materials, food, scraps, earth, manures, worms, etc.
H. Hazards associated with becoming separated from guides or companions and in inability to communicate or access rescue and medical help.
I. Theft, vandalism or loss of personal property.
J. Motor vehicle or traffic accidents.
2. I acknowledge that participating in the WBNS program involves inherent risks and other risk hazards and dangers, including some not listed above that can cause or lead to death, injury, illness, property damage or loss, mental or emotional trauma, or disability.
3. I have been informed of my right to obtain as much information about this program activity from WBNS as I feel necessary, including information beyond that information provided to me herein respecting the nature and the extent of risks and hazards associated with the program or activity and I acknowledge that I am satisfied with the information provided to me.
4. I acknowledge that it is my responsibility to advise WBNS in writing of any health or medical concerns of my child that may affect his/her participation in the stated program or activity. If such information is not provided, I agree WBNS shall not be responsible for any adverse health or medical conditions of my child.
5. In entering into this Agreement I am not relying upon any oral or written representations or statements made by the Released Parties other than what is set forth in this Agreement.
6. I freely and voluntarily agree to assume all of the risks of the activities of my child’s Nature School program whether inherent or not and whether described above or not and understand any acknowledgement that my child, as a participant may suffer personal and potentially serious injury due to an unforeseeable or fortuitous event.
7. Liability Release and Indemnity Agreement. I hereby release, indemnity and hold harmless WBNS and each of its respective employees, officers, directors, shareholders, agents, trustees, independent contractors, subcontractors, volunteers and all other persons or entities acting for or under the discretion and control of WBNS and the successors, assigns and representatives of WBNS (collectively referred to as “Released Parties”) and agree to waive any and all claims that my child or I have or my spouse or other parent or successors or assigns have or may have in the future against the Released Parties for, any loss, damage, injury, claim or expense in any way associated with my child’s participation in the WBNS program or the use of any equipment or facilities. Neither I nor anyone acting on my or my child’s behalf will make a claim against the Released Parties as a result of injury, illness, damage, death or loss to person or property, whether arising from negligence, breach of contract or breach of any statutory or other duties of care, including any duty of care owed under the Occupiers Liability Act or similar law for the exemption of liability on public and/or recreational lands.
I further agree to hold harmless and indemnify the Released Parties from any and all liability for any damage to the property or, or personal injury to any third party, including other participants in the program resulting from any child’s participation in the program. I have read this Release of Liability and Assumption of risk, fully understand its terms, understand that I have given up substantial rights by signing it and sit it freely and voluntarily without any inducement. I agree that this form shall be binding on me, my minor and/or adult children participants, my spouse or partner and other family members, my heirs, executors, representatives, successors and assigns. I hereby confirm that I have legal authority to act on my child’s behalf. I agree on my own and on my child’s behalf to the terms and conditions in this document.