Nature Guelph Young Naturalist Program Participant Release, Assumption of Risk, Waiver of Liability, Indemnity and Consent to Medical Treatment
TO: Nature Guelph and their respective volunteers, affiliates, employees, independent contractors, sub-contractors, representatives, successors, insurers, and anyone for whom any of the foregoing may be vicariously liable (hereinafter collectively referred to as the “Releasees”).
In consideration of my minor child/ward’s voluntary participation in the Nature Guelph Young Naturalist program (hereafter referred to as the Young Naturalist program) and any related events and activities, I acknowledge, appreciate, and agree to the following:
ASSUMPTION OF RISK: I understand that the Young Naturalist program will take place primarily outdoors and involves my child’s participation in physical activities including, but not limited to, walking, running, hiking, lifting, balance, body movements, camp fires, running games and pond studies.
I further acknowledge that my child’s participation in the Young Naturalist program could result in bodily injuries, property damage or loss from the following: (a) the existence of hazards such as weather events, wild animals, plants, insects, steep or uneven terrain, slippery terrain, physical obstacles on the terrain, cold and/or hot weather, and/or falling or flying objects; (b) the use or misuse of any equipment by any participant; (c) use of any equipment that malfunctions or breaks; (d) inadequate supervision or instruction; (e) slipping, tripping and/or falling while outdoors or in any facilities; (f) negligence on the part of other participants or persons; and/or (g) negligence on the part of the Releasees, including the failure on the part of the Releasees to safeguard or protect me or my child from the risk, dangers and hazards of participating in the Young Naturalist program.
I understand that the Young Naturalist program requires a reasonable level of fitness and/or health and I accept responsibility for my child’s physical condition and certify that my child’s physical condition is consistent with the demands of active participation in the Young Naturalist program and/or is consistent with the demands of active participation in the Young Naturalist program with any reasonable accommodations as required by my child and identified in writing by me and provided to Nature Guelph prior to my child’s participation in the Young Naturalist program.
I agree that my child’s participation in the Young Naturalist program involves inherent physical risks, including but not limited to those listed above, and I freely accept and agree to assume the full risk of any bodily injuries, including but not limited to cuts, tick bites, lacerations, frost bite, hypothermia, burns, sunburns, bruises, sprains, broken or lost limbs and/or death, damages, damages to my property or my child’s property, or loss which my child may sustain arising out of, connected with, or in any way associated with participation in the Young Naturalist program.
Nature Guelph will not tolerate inappropriate behavior and reserves the right to restrict individuals who engage in inappropriate behaviour from participating in the Young Naturalist program. Inappropriate behaviour includes, but is not limited to, obscene language and gestures, any action that might cause damage to property, or any action that might cause harm or a disturbance to others.
RELEASE OF LIABILITY, WAIVER OF CLAIMS: In consideration of the Releasees permitting my child to participate in the Young Naturalist program, I agree that I, on my own behalf and on behalf of my child, including our heirs, next-of-kin, executors, administrators, assigns, and representatives (collectively, “the Successors”) do hereby release and forever discharge the Releasees from any and all liability, claims, demands and causes of action whatsoever arising from any loss, damage, expenses, costs (including legal fees), illness or injury (including death) that I or my child may sustain as a result of their participation in the Young Naturalist program and covenant not to sue the Releasees, or any of them, for the same, whether caused by the negligence of the Releasees, breach of contract, breach of any statutory or other duty of care, including any of duty of care owed under the Occupier’s Liability Act, or otherwise. This is a complete and irrevocable release and waiver.
INDEMNITY: I agree to hold harmless and indemnify the Releasees, or any one or more of them, from any and all liability, loss, claims, demands, fines, damages, costs and expense, including reasonable legal fees and/or settlement payments paid on my behalf or on behalf of my child, arising out of or in consequence of my child’s participation in the Young Naturalist Program.
MEDICAL CONSENT: I have provided a complete and accurate health history to Nature Guelph and permit my child to participate in the full range of Young Naturalist Program activities, except as noted by me in the Participant Intake Form.
I authorize and consent for the Releasees, or any one or more of them, to arrange for any first aid, immediate treatment, or emergency medical care for my child including hospitalization and transportation, if necessary, while participating in the Young Naturalist Program. This authorization does not require a prior determination of a threat to my child’s life or danger of serious permanent injury. Exemptions to this authorization are as follows:
I take full responsibility for this authorization and agree to be responsible for all costs and expense associated with medical care and transportation.
This is to certify that I, as parent/guardian with legal responsibility for this participant, have read and understood the entirety of this release and have had the opportunity to ask questions and had them answered. I have considered the effects of this release and agree that the limitations contained herein are reasonable. I am aware that by voluntarily signing this agreement i am waiving substantial legal rights which I/my child may have against the releasees, including the right to sue. I accept the risks contemplated herein on behalf of my child. I am not relying upon any oral or written representations or statements made by the releasees with respect to the level of risk associated with participation in the Young Naturalist program. I agree that this agreement is governed by the laws of Ontario and if any portion of the agreement is invalid, the remainder of the agreement shall continue in full force and effect.