Waiver, release and indemnity
Risk of Illness or Injury.
Parents/Caregivers are aware of the risk of illness or injury inherent in any of our services or programs.
The parents and his/her child are participating at any of Pouch services or programs upon the express understanding that the parents/caregivers hereby indemnify, waive, and release POUCH, its employees, agents and officers from any and all claims, liabilities, expenses or judgments, including attorneys’ fees and court costs (hereinafter “Claims”) resulting from any of the following: (a) the Parent/Caregiver or child’s participation in a service/ program or any illness or injury resulting there from;
(b) exposure of the parent/caregiver or the parent’s/caregiver's child to any illness or disease while on Pouch’s premises; or
(c) any injury or damage to the person or property of the parent/caregiver or the parent's/caregiver child while on Pouch’s premises.
The parent/caregiver further represents that neither they, nor their child, will be ill when coming to POUCH and the child will not, to the best of the parent's knowledge, have been exposed to any contagious disease.
Disclaimer of Liability.
POUCH is not liable for any harm or loss to persons or property. Any protection exercised or offered by POUCH shall be deemed purely gratuitous on its part and shall in no way be construed to make it liable for any loss or inconvenience suffered by the parent/caregiver/child.
POUCH is not responsible in any circumstances for indirect, consequential or punitive damages.
By booking any service for attendance at POUCH , the parent/caregiver acknowledge that she/he has carefully read this agreement and understands all of its terms, policies and procedures, releases, waivers and indemnification of the facility. Parent/caregiver agrees to assume all risks of bringing his child to Pouch and that in the event of his child’s illness or injury, Parent/caregiver has no recourse against Pouch, its employees, agents and officers.
Non-compliance with Pouch’s policies and procedures may result in termination or denial of service.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
POUCH (“Pouch”) has put in place preventative measures to reduce the spread of COVID-19; however, Pouch cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Pouch could increase your risk and your child(ren)’s risk of contracting COVID-19.
By reading this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Pouch and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Pouch may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Pouch employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at Pouch or participation in Pouch programming (“Claims”).
On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Pouch, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Pouch, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Pouch program.
**POUCH has the right to update terms and policies at any time.