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Release and Waiver of Liability 2021-2022

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Waybright Academy, LLC, an Arizona limited liability company (“Waybright”) is offering a wide variety of technology and robotics related programs throughout the 2021 and 2022 calendar years, which program will include (without limitation) the activities set forth on Exhibit A hereto (the “Program”). We use one standard waiver for the many services we provide.

The following minor child/children have elected to participate in the Program (collectively, “Participants”):

Participant #1 Name:*

First Last

Participant #2 Name*

First Last

Participant #3 Name*

First Last

Participant #4 Name*

First Last

Participant #5 Name*

First Last

The purpose of this Release and Waiver of Liability and Indemnity Agreement (this “Agreement”) is to establish an understanding between Waybright and the undersigned parent or legal guardian (“Parent”) of the Participants participating in the Program.

Parent desires to have Participants participate in the Program, and Waybright is willing to permit Participants to participate in the Program, subject to Parent’s agreement to the terms and conditions contained herein. By signing this Agreement, Parent expressly acknowledges and agrees that he/she has read, understood and is freely and voluntarily agreeing to the terms and conditions contained herein.

Parent fully understands that participation in the Program involves unpredictable dangers and a risk of serious injury or death (including, without limitation, physical and psychological injuries and even the possibility of loss of life) and a risk of loss of or damage to property. Activities in the Program may involve, but are not limited to, swimming; the use of a heated spa, electrically charged components, power tools, metal objects, cutting devices, chemicals, skin irritants, and heated tools; travel to and from events in automobiles driven by Waybright Parties and parents of other participants; and participation in competitions.
In consideration of Participants being permitted to participate in the Program, Parent (for himself/herself and his/her spouse, personal representatives, heirs, and family members and on behalf of Participants) hereby accepts notice of and knowingly and freely assumes sole and full responsibility for the risks (known and unknown) to Participants associated with Participants’ participation in the Program (even if such risks arise out of or result from the negligence of Waybright and/or its affiliates, owners, members, managers, directors, officers, employees, volunteers, counselors, teachers, representatives and agents (collectively with Waybright, the “Waybright Parties” and each, individually, an “Waybright Party”).
Parent hereby releases, waives, discharges, and covenants not to sue the Waybright Parties for any bodily or psychological injury to or death of Participants, or loss of or damage to any property of Parent or Participants which may result from Participants’ participation in the Program, even if such injury, death, loss or damage arose out of or resulted from any Waybright Party’s negligence. If, despite the signing of this Agreement, a lawsuit is brought against any Waybright Party in connection with Participants’ participation in the Program, Parent agrees to pay for any and all court costs and attorney’s fees incurred as a result of such litigation.
Parent hereby agrees to defend, indemnify and hold harmless the Waybright Parties for, from and against any and all claims, demands, actions, suits, proceedings, expenses (including, without limitation, reasonably attorney’s fees, expenses and court costs) and other liabilities of any kind or nature whatsoever (regardless of any negligence or alleged negligence on the part of any Waybright Party) made, brought or threatened that constitute, arise out of, result from, or are in any way connected with or related to (i) Participants’ participation in the Program; (ii) any loss of or damage to any property of Participants, Parent, any Waybright Party, or any other Participants participating in the Program; and (ii) any bodily or psychological injury to or death of Participants, any Waybright Party, or any other Participants participating in the Program.
Parent agrees to expressly inform a Waybright Program director in writing if Participants suffers from any medical or health condition that may result in injury or death to Participants or others or may require special or emergency care during Participants’ participation in the Program.
In the event that Participants should sustain any injuries or illness, Parent hereby authorizes any and all Waybright Parties to provide or arrange for first aid, medications, hospital treatment and transportation to and from a hospital. Any and all medical and related expenses incurred due to injury or illness of Participants will be the sole legal responsibility of Parent.
This Agreement constitutes the complete understanding and agreement of the parties hereto with respect to the subject matter addressed herein, and completely supersedes and replaces all prior and contemporaneous discussions, negotiations, understandings and agreements of any kind or nature between the parties or any of their representatives, whether written or oral. If any particular provision, term or clause of this Agreement is held invalid, illegal, unenforceable or ineffective to any extent, such particular provision(s), term(s) and clause(s) shall be deemed severable such that all other provisions, terms and clauses of this Agreement shall remain fully valid, binding and enforceable upon the parties.
This Agreement is deemed to have been executed and delivered within the State of Arizona, and shall be governed by, and construed and enforced in accordance with, the laws of the State of Arizona, without regard to principles of conflict of laws. This Release shall be binding upon and inure to the benefit of Waybright, Parent (individually and on behalf of Participants), and the heirs, representatives, successors and assigns of each.

EXHIBIT A: Technology and Robotics Program Activities

LEGO and/or VEX robotics
Attendance or participation in robotics competitions
For special events, travel by automobiles or buses to and from activities
3D printing, object design and creation
Movie making, digital image editing, photography, and live filming
Internet use including sites such as YouTube and Google.
Electronics disassembly and repair
For Underwater Robots and Wearable Technology, building and/or assembling of electrically charged devices or creations involving the use of heated and/or cutting tools
School break and summer break camps
For special events, swimming or use of the pool at: The McDowell Mountain Community Center
Yoga or other physical exercise at: Mountainside Fitness
Birthday parties; Minecraft or Game related
Other activities to be determined by Waybright

The undersigned has read this agreement, fully understands its terms and conditions, understands that he/she has give up substantial rights for himself/herself and his/her participants by signing it, and signs it freely and voluntarily without any inducement.

Printed name of parent or adult guardian:*

First Last

Date*

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Email address:

By submitting, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the option to print this form, sign it, and return it instead. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature.

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Release and Waiver of Liability 2021-2022

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