This Agreement must be read and signed before the minor will be permitted to participate in a service project, educational activity or other program with the Youth Experiential Training Institute. (Y.E.T.I.) This is a contract. Read carefully before signing.
Youth Experiential Training Institute. (hereinafter referred to as “Y.E.T.I.”) is a 501(c)(3) serving students with outdoor and school-based adventures and experiences (herein referred to as “Activity”).
1. ACTIVITY AND ASSOCIATED RISKS: I understand that the Activity involves inherent and other dangers and that the Activity exposes the minor participant to risks of physical injury and property loss such as uneven terrain, falls, water, insects, animals, equipment failure, and weather exposure. Risks of injury to the minor participant include, but are not limited to, some of the following: death, serious physical injury including but not limited to orthopedic conditions/injuries,
heart attack, stroke, cardiovascular issues and emotional injury. As a consequence of these and other associated risks, the minor participant may be seriously hurt, disabled or die.
2. ASSUMPTIONS OF THE RISKS: I understand that there are known and unknown risks associated with the Activity that could result in serious injury and/or death to the minor participant. I hereby assume these risks and, and I understand and agree that the Y.E.T.I. is not liable to me for any injuries or other occurrences stemming from the Activity or related risks, and/or the actions or omissions of the Y.E.T.I., its officers, volunteers, employees, or any other
entities being released. I acknowledge that this Agreement will be used by the Y.E.T.I. and that the Y.E.T.I. relies on this Agreement in order for the minor to participate in the Activity. I understand the minor is not allowed to participate in any related Activity unless I have signed this Agreement.
In consideration of the minor participating in this Activity I hereby agree to the terms in this
Agreement.
3. RELEASE OF LIABILITY: I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to RELEASE, DISCHARGE, HOLD HARMLESS, DEFEND and INDEMNIFY the Y.E.T.I., its officers, employees, volunteers and related entities ("Released Parties") from any and all claims, actions or losses for bodily injury, wrongful death, property damage, loss of services or otherwise which may arise out of the minor participating in this Activity. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have at the present time or in the future for the negligent acts or other conduct by the Released Parties.
4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS, AND DE-FEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this Agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties against any and all claims for the minor participant’s negligence, and any other claim arising from the minor participant’s conduct during the Activity. In accordance with these promises, I will reimburse the Re-leased Parties for any damages, reasonable settlements, and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of the minor participant’s death or disability, the terms of this Agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator, or guardian will be obligated to respect and enforce them.
In consideration of the minor child being permitted to engage in the Activity I accept and agree to the full contents of this agreement. I certify that I have the authority to sign on behalf of the minor child and to make decisions for the minor child regarding this Activity. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Sections 3) from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to the minor child during the Activity or in any way related to the Activity. This includes any claim of the minor and any claims arising from the negligence of the Released Parties. I understand that nothing in this agreement is intended to release claims for gross negligence, intentional, or reckless misconduct, or any other liabilities that Washington law does not permit to be excluded by agreement.
5. Insurance: I understand it is my responsibility to provide for my/my child’s own accident and health coverage while participating in this program and I further understand that the Y.E.T.I. does not provide this coverage.
6. Medical Treatment: I give permission for emergency medical, surgical and hospital treatment and procedures to be performed by a licensed physician or hospital when deemed immediately necessary or advisable by a physician to safeguard my child’s health
7. Supervision: I understand that there may be times where my child will not be directly supervised by Y.E.T.I. staff.
8. Property Loss: I acknowledge that Y.E.T.I. not responsible in any way for personal clothing, items or equipment that may be lost, stolen, or damaged as a result of my/my child’s participation in Y.E.T.I. Programs and activities.
9. Photograph Permission: I give permission for Y.E.T.I. to use, without limitation or obligation, photographs, film footage or tape recordings which may include my/my child’s image or voice for purposes of promoting Y.E.T.I. programs. I will notify Y.E.T.I. in writing if I want to Opt my child out of this agreement.
10. APPLICABLE LAW, FORUM & ATTORNEY’S FEES: This Agreement is governed by and shall be construed in accordance with the laws of the State of Washington, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activity shall be brought only in the Superior Court of King County, in Seattle, Washington, or in the U.S. District Court for the Western District of Washington, and I agree to the jurisdiction and venue of those Courts for any such dispute.
11. SEVERABILITY: Should any provision of the Agreement be declared or determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining terms, and provisions shall not be affected thereby, and said illegal, invalid or unenforceable part, terms or provisions shall be deemed not to be part of this Agreement. I have read the above eleven (11) numbered paragraphs and agree to be legally bound by their terms.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT ON MY OWN FREE WILL. I CERTIFY THAT I HAVE READ AND UNDERSTAND THE “ESSENTIAL ELIGIBILITY CRITERIA AND BEHAVIOR EXPECTATIONS” AND COMMUNICATED THE SAME TO MY MINOR CHILD. I CERTIFY THAT THE ELIGIBILITY CRITERA ARE MET AND THAT THE BEHAVIOR EXPECTATIONS WILL BE MET AND FOLLOWED BY MY MINOR CHILD.
I AM SIGNING ON BEHALF OF THE MINOR PARTICIPANT, ACKNOWLEDGE THE RISKS AND FREELY CHOOSE, AS THE RESPONSIBLE ADULT FOR THE MINOR, TO ENROLL THE MINOR IN THIS ACTIVITY AND CONVEY APPROPRIATE INFORMATION TO THE MINOR BEFORE THE MINOR PARTICIPATES IN THE ACTIVITY.