IN CONSIDERATION of allowing the above named MINOR to compete, officiate, observe, work for, or participate in any way in event(s), activities or programs (herein “Event(s)”) of Northern Kane Educational Corp., Cambridge Lakes Learning Center, School’s Out©, Cambridge Lakes Charter School, Cambridge Lakes Preschool, Cambridge Academy or Cambridge Adult Academy (herein “NKEC”) or being permitted to enter for any purpose any SECURED AREA (defined as any area requiring special authorization, credentials or permission to enter or any area to which admission by the general public is restricted or prohibited), EACH OF THE UNDERSIGNED personally and for the named minor and the minor’s personal representatives, heirs and next of kin agrees:
1. THE MINOR AND PARENT OR GUARDIAN have reviewed the SECURED AREA of Cambridge Lakes Learning Center and the Business Office and warrant that they find the SECURED AREA and the grounds surrounding the SECURED AREA safe and reasonably suited for the purpose of their use.
2. THE MINOR AND PARENT OR GUARDIAN hereby assume full responsibility for injury, death, and property damage resulting from risks taken by the MINOR due to personal negligence. The undersigned recognize and understand that there are risks and dangers associated with participation in Event(s) that could cause bodily injury. THE MINOR AND PARENT OR GUARDIAN hereby assume full responsibility for these usual and customary risks and dangers.
3. THE MINOR AND PARENT OR GUARDIAN release, hold harmless, waive, discharge and covenant not to sue NKEC, the corporation, directors, executives, administrators, staff, volunteers, agents or collaborating organizations, conducting or facilitating the Event(s), from all liability to ourselves (the undersigned), the named MINOR, our personal representatives, assigns, executors, heirs, and next of kin for any and all claims, demands, losses or damages or injury, all of which is caused or alleged to be caused in whole or in part by the negligence of the named parties.
4. THE PARENT OR GUARDIAN hereby agrees to indemnify and save and hold harmless NKEC from any loss, liability, damage or cost that may occur due in any manner or degree to the presence of the parent/guardian or the MINOR in the SECURED AREA, or in any way while participating in the Event(s), and whether caused by negligence of NKEC or otherwise. The parent or guardian further recognize and agree they are executing this Waiver and Release of Liability and Indemnity Agreement on behalf of themselves and on behalf of the MINOR.
5. THE PARENT OR GUARDIAN HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by NKEC and is intended to be as broad and inclusive as is permitted by the law of the State of Illinois or other state in which the Event(s) are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.
AS PARENT OR GUARDIAN I HAVE READ AND VOLUNTARILY AGREE TO THIS WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT AND DO SO VOLUNTARILY AND WITH THE UNDERSTANDING THAT SUBSTANTIAL RIGHTS ARE BEING GIVEN UP.
COVID-19 Supplement:
WHEREAS, Northern Kane Educational Corp. (“NKEC”), as operator of the Cambridge Lakes Charter School, also operates an AM/PM care program both before and after school, titled the School’s Out Program, along with a Summer Program (the “Program” or “Programs”), whichare open to the children of all members of the community; and
WHEREAS, the existence of the COVID-19 pandemic raises certain issues with respect to the conduct of such Programs; and
WHEREAS, the Undersigned desires to enroll his or her child designated above in one or more of the Programs;
Now therefore, in consideration of being permitted to enroll the above named child in one or more of the Programs operated by NKEC and for such child to participate for any purpose, including, but not limited to, observation or use of facilities or equipment, or participation in any Program, the Undersigned, on behalf of himself or herself and such participating child, and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has inspected and carefully considered the Program, including but not limited to any equipment and facilities, and that the Undersigned finds and accepts same as being safe and reasonably suited for the use or participation by the above named child.
The undersigned acknowledges that the novel coronavirus ("COVID-19") infections have been confirmed throughout the United States, including numerous cases in Illinois, and understands the hazards associated with COVID-19 and the guidance and protocols issued by the World Health Organization (WHO), the Centers for Disease Control (CDC), and the Illinois Department of Health (IDH), for slowing the transmission of COVID-19. Notwithstanding the risks associated with COVID-19, which the Undersigned readily acknowledges, the Undersigned hereby willingly chooses to allow the above named child to participate in one or more of the Programs.
The Undersigned acknowledges and fully assumes the risk on behalf of the above named child of illness or death related to COVID-19 arising from either the Undersigned or the child being on the premises and participating in a Program and hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE (on behalf of the Undersigned and the above named minor child) NKEC, its officers, directors, agents, employees and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result of me or my child being on the premises and participating in a Program. I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury (including any claim of any person who may contract COVID-19, directly or indirectly, from the Undersigned or such participating child). It is my express intent that this Waiver and Indemnity Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above- named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Illinois. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT TO THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN ONE OR MORE OF THE PROGRAMS.
The Undersigned further agrees, represents, and warrants that neither the Undersigned nor such participating child shall visit or utilize the facilities, services, and Programs of NKEC if he or she (i) experiences symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19. NKEC has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, and the Undersigned agrees to comply with such procedures prior to utilizing the facilities, services and Programs. The undersigned further acknowledges and agrees that, due to the nature of the Programs social distancing of 6 feet per person among children and their teachers or aides is not always possible. The Undersigned fully understands and appreciates both the known and potential dangers of participating in the Programs and acknowledges that such participation may, despite NKEC’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.
THE UNDERSIGNED further expressly agrees that the foregoing ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of Illinois and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK BY CHECKING THE APPROPRIATE BOX, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM NKEC IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO NKEC THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).