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.