BICYCLE TRANSPORTATION, WALKING TO AND FROM SCHOOL Consent, Waiver and Release

The undersigned parents/guardians of the following student(s) of Samuel A. Fryer Yavneh Hebrew Academy (the “School”) desire to permit one or more of the following actions by their child(ren) (hereinafter referred to as “Student(s)”):

Permission and Conditions: I/We, the Parents/Guardians of Student(s), hereby consent to and give permission for Student(s) to ride his/her bicycle and/or to walk to and from School on a regular basis without his/her Parent/Guardian present, to park his/her bicycle on School property while he/she is engaged in School-related activities, and to permit the oldest Student to sign out the younger Student(s).  I/We understand that the participation of Student(s) in doing each of these activities involves a certain element of risk, including serious injury and, although unlikely, the possibility of death. I/We have determined that Student(s) has/have the requisite judgment, skill, and maturity level to ride his/her bicycle and/or walk to and from the School without his/her Parent/Guardian present.  I/We have duly researched the route Student(s) will be taking and the surrounding geographic area, the crime statistics for said location and area, the distance between the School and the Student(s)’s home, and all other factors related to Student(s) riding his/her bicycle and/or walking to and from the School, and understand the various types of things that could potentially elevate the risk of serious injury or even death.  I/We am/are comfortable in assuming full and complete responsibility for, and risks, of death, personal or bodily injury, disability, and/or property damage and theft resulting from, in connection with, or in any way related to, Student(s) riding his/her bicycle and/or walking to and from School on a regular basis and parking his/her bicycle on School property while he/she is engaged in School-related activities.  I/We agree to the following additional conditions:

·      I/We understand that a Student may not bike/walk to and from School unless the Student is at least 10 years of age and his/her home is within a one-mile radius of the School.  

·      I/We understand that if a Student is younger than 10 years of age, he/she may ride his/her bicycle or walk home from School only if accompanied by the older Student who is at least 10 years old.  I/We understand that this may mean that, although my/our child(ren) has/have biked or walked to School in the morning, he/she/they may not be able to bike/walk home from School unless accompanied by the older Student.  I/We undertake the responsibility to police this situation and to ensure that my/our children understand the guidelines set forth herein.

·      I/We authorize the oldest Student to sign out the younger Student(s) from School so that they can bike/walk home together after school and/or after school activities.  

·      I/We recognize and understand that it is our responsibility to discuss safety with our child(ren); to discuss coming straight home from school each day (without deviation); to wear protective gear, including a helmet; to communicate what to do in the event of an emergency; and to adhere to all walk and traffic signals when crossing streets.  We understand that the School will not cover these issues with Student(s).

·      I/We further understand that Student(s) must leave school at dismissal time or, as applicable, upon the conclusion of any after school program Student(s) has/have registered for and checked in with.  Student(s) may not linger on school grounds.  I/We further understand that should Student(s) not leave school at dismissal time or, as applicable, and/or engage in destructive behavior, the School may revoke the Student(s) ability to ride his/her bicycle and/or to walk to and from School. 

In consideration of Student(s) being allowed to engage in the activities outlined above, I/We, the Parent(s)/Legal Guardian(s) of the Student(s), jointly and severally, do hereby grant the following releases:

Release and Waiver:  I/We, intending to legally bind ourselves, Student(s), and all of our respective guardians, heirs, executors, personal and legal representatives, estates, beneficiaries, administrators, successors and assigns (all of the foregoing, collectively the “Releasors”), do hereby WAIVE, RELEASE AND DISCHARGE, AND COVENANT NOT TO SUE, Samuel A. Fryer Yavneh Hebrew Academy and its officers, directors, trustees, employees, staff, coaches, volunteers, and supervisors and all of their respective successors and assigns (collectively the “Released Parties”) from any and all liability and/or claims, suits, damages, injury, disability, death, costs and expenses, whether arising before, during or after the activities permitted herein, including, but not limited to, liability for any accident or injury that could ensue from, or be related to, the Student(s) riding his/her bicycle and/or walking to and from School, the oldest Student signing out the younger Student(s), any damage or theft to the Student(s)’s property while on School property, and whether caused by the sole or joint negligence, gross negligence, or tortious act or omission of the Released Parties, or any of them, or any third party (collectively the “Claims”). Notwithstanding anything herein to the contrary, the willful misconduct of the Released Parties is expressly excluded from the scope and application of this Release and Waiver.  The Releasors hereby knowingly and voluntarily waive, to the fullest extent permitted by law, the benefits of any statute, law, rule, or common law which may limit the scope of this Release and Waiver.

I/We also hereby agree to INDEMNIFY, DEFEND AND HOLD HARMLESS the Released Parties from any and all claims, liabilities and costs asserted by or on behalf of me/us or any of my/our legal representatives, heirs, successors and assigns within the scope of the release above.  In consideration of Student(s) having the privilege of riding his/her bicycle and/or walking to and from School on a regular basis and parking his/her bicycle on School property while he/she is engaged in School-related activities, and acknowledging that Student(s) and I/we accept responsibility for his/her/their actions at all times, I/we hereby assume the risk of, and release and hold harmless the Released Parties from, any and all injury to or damage by Student(s) related thereto.  I/We further agree to be financially responsible for any and all damages, costs or fees for which the School may be liable as a result of the conduct of Student(s).           

If this Release and Waiver is found to be invalid, unenforceable, or void, in whole or in part, for any reason, then the Releasors acknowledge and agree that in no event, including, without limitation, the negligence or gross negligence of the Released Parties, or any of them, shall the Released Parties’ aggregate liability to Releasors or any other person exceed any applicable insurance limits, and in no event shall the Released Parties, or any of them be liable to any person for special, incidental, consequential, or punitive damages or for any indirect damages such as, but not limited to, exemplary damages or lost earnings, lost revenues or loss of consortium, or companionship (even if the Released Parties have been advised of the possibility of such damages) whether based upon statute, contract, tort, negligence, strict liability, or otherwise.

Notwithstanding any provision herein to the contrary, this Release and Waiver does not release, is not intended to release, and does not in any way apply or relate to the release and/or discharge of any claims Releasors may have against any person and/or party other than the Released Parties.   

I/We am/are aware of, and understand fully, the potential risks involved in connection with the permissions granted herein and that I/we may choose to NOT allow Student(s) to do so at my/our sole discretion. I/We agree that the Student(s)’s participation in doing so is purely voluntary and at my/our request. 

Furthermore, I/we acknowledge that I/we have received the opportunity (and been strongly encouraged) to review this Consent, Waiver, and Release with an attorney, that I/we have carefully read and fully understand the contents of this Consent, Waiver, and Release and have asked and received answers to all questions I/we may have, and that I/we have duly executed this Consent, Waiver, and Release freely and voluntarily, intending and agreeing to be fully bound by the terms hereof.