Acknowledgement of Risk, Waiver, and Release of Liability

This Consent, Assumption of Risk and Release of Liability (this “Release”) is given to and for the benefit of the Jewish Community Center of Metropolitan Detroit, a Michigan limited liability company ("The J"), and the Jewish Federation of Metropolitan Detroit, and their respective officers, directors, employees, instructors, lifeguards, bus drivers, transportation vendors, agents, representatives, affiliates, successors and assigns (collectively referred to with the “The J” as the “The J Persons”).

Assumption of Risk.
I desire that my child (or another child for whom I have legal responsibility) (in each case, the “Participant”) attend one or more classes at or sponsored by The J (the “Pathways”), and I am voluntarily entering into this Release to induce The J to permit the Participant to attend and participate in the Pathways classes. I understand and agree that my Participant may participate in many activities which may (but will not necessarily) include, without limitation, those described below; these activities (collectively, the “Pathways Activities”) may be held indoors and/or outdoors and on the premises of The J and/or at offsite travel locations (collectively, the “Pathways Venue”): Transportation to and from the Pathways Venue, and between Pathways Venues; team and individual activities, including, without limitation, performance, dance, public speaking, exercise; theater, and arts and crafts including, without limitation, pottery, woodworking, metal smith, and jewelry making.

I understand and appreciate that there are risks, hazards and dangers inherent in the Pathways Activities (collectively the “Risks”), including, without limitation, bruising, broken bones, loss of consciousness, paralysis and/or death. The Risks may also include transportation delays, food, water and insect borne pathogens, diseases, environmental hazards, accidents, falls, crimes, acts of war or terror, natural disasters, inclement weather, and third party crimes, acts or omissions. The Risks may also include the loss of belongings and personal property left behind in a locker, on a chair or bench, on a bus, or in other storage areas, and/or a loss occurring by reason of theft by others including other Participants. I understand that these examples are provided only for purposes of illustration and there may be other Risks.

Release.
After careful consideration, I accept and assume the Risks for and on behalf of the Participant, whether or not now known to me. On behalf of the Participant and the Participant’s family, heirs, personal representatives, estate, successors and assigns, I forever release, acquit and discharge each and all of The J Persons from and against any and all claims and liabilities for all losses, damages, expenses and/or injuries sustained or suffered by me and/or the Participant, whether to the Participant’s person or property, including, without limitation, those due to pain, suffering, illness, injury and/or death (collectively, the “Sustained Losses”), as a result of or otherwise attributable to the Participant’s participation in the Pathways Activities.

Permission.
I give permission for the Participant to participate in all Pathways Activities without restriction or limitation, including, without limitation, overnight experiences at the Pathway venues and field trips; except to the extent of any express restrictions or limitations which I disclose in a health disclosure form provided by The J (the “Health Form”), to be completed, signed and delivered by me to The J. This permission extends to all transportation to and from the Pathway venues, and between Pathway venues.
Health and Safety Restrictions. I represent that, unless otherwise expressly and specifically (with detail) set forth by me in the Health Form, the Participant has no physical, mental or emotional conditions or restrictions that would hinder or prevent the Participant from safely participating in all Pathway Activities and/or that would be a danger or distraction to others including other Participants and/or JCC staff.
Limited Supervision. I understand and accept that there will be limited supervision by JCC staff during the afterschool activities but that my Participant’s behavior, conduct, acts and actions will not be subject to continuous monitoring; I understand that the JCC will not have sufficient staffing to provide continuous monitoring of each Participant at the afterschool activities. I understand and accept that the JCC staff may be distracted or otherwise engaged and may not necessarily observe an emergency. I also understand and accept that the JCC staff’s training is limited; the JCC staff persons are not health professionals. While I understand that the JCC staff may be available to make efforts to assist in an emergency, I have no expectation (and agree that the JCC has no duty to assure) that the JCC staff will necessarily be able to undertake to, or successfully, save my Participant’s life or otherwise prevent or minimize injury. I forever release, acquit and discharge the JCC Persons from and against all Sustained Losses suffered as a result of or otherwise attributable to any attempt or failure to attempt to rescue my Participant or otherwise prevent my Participant from sustaining injuries. I intend to give and do give full and complete immunity to each and all of the JCC Persons under the Michigan Good Samaritan Law, as now in effect or as it may be amended in the future.

Medical.
I understand and accept that the JCC is not a medical provider. The JCC will not be responsible for giving medical advice or attending to medications, medical emergencies or other health needs; except, I request and give authorization to the JCC if so expressly provided in the Health Form, for the JCC to dispense prescribed medications to my Participant. I understand that the JCC will engage the temporary services of a professional staff member. I further understand and agree that neither the JCC nor any other JCC Person will be responsible for diagnosing or treating any disease, medical condition or injury. I agree that the dispensing of medications if so requested by me in the Health Form will be done solely as an accommodation to me. I also give advance authorization to the JCC Persons to authorize and cause the administration of such medical, surgical and/or dental treatment and care, and/or the dispensing of medications to the Participant as any of the JCC Persons shall deem necessary under the circumstances, including, without limitation, the administration of epinephrine; provided, no JCC Person shall have any liability to me, the Participant or others if such JCC Person either takes or omits to take any action upon the occurrence of any such medical emergency. In case of any such medical emergency or if I have requested the dispensing of medications, I give complete authorization for the release of any and all protected medical information concerning the Participant as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), to the JCC Persons. I forever release, acquit and discharge each and all of the JCC Persons from and against any and all Sustained Losses attributable to any medical care given to or withheld from the Participant during or after the afterschool activities and to any decisions made by any of the JCC Persons in connection with any such medical care or withheld medical care. I agree to pay all expenses relating to any emergency medical care, and to reimburse and indemnify the JCC Persons for any such expenses paid by the JCC Persons.

Responsibility for Actions of Participant.
I agree to indemnify, defend and hold harmless the JCC from and against all Sustained Losses resulting from or attributable to the acts and actions of the Participant while in the Pathways venue.

Bullying.
I acknowledge that it is the policy of the JCC to seek to create a comfortable and nurturing environment for both Participants and staff. Behavior by a Participant that is emotionally or physically harmful or otherwise threatening either to another Participant or to a staff member will not be tolerated. I understand and agree that the JCC reserves the right to exercise its discretion in response to this behavior and that the JCC may determine, among other things, to do any one or more of the following things: give a warning; send the Participant home for the day; suspend the Participant temporarily from the Pathways class; and/or permanently terminate the Participant from the afterschool activities. I also understand and agree that, under these circumstances, no refund of fees, tuition or other expenses incurred by me or the Participant will be given by or on behalf of the JCC.

Advertising.
I consent to the recurring commercial use by the JCC of my Participant’s likeness, name and image in the JCC’s promotional materials and campaigns, whether such use is made in video, print, internet, social media, television, radio or other forms of advertising or promotion, without compensation to me or my Participant.

General Terms and Conditions.
This Release will be governed by the laws of the State of Michigan. This Release may not be revoked or amended by me. No part of this Release will be deemed waived by the JCC Persons orally or by contrary course of conduct. I understand and agree that if the Participant has more than one parent or guardian, the JCC may rely entirely on the authority, instructions or information given by one such parent or guardian. Also, in such case, the JCC will have no responsibility to give notices to multiple parents or guardians; therefore notice to one of them will be deemed notice to all of them.

I am aware of and comply by the 2027 camp parent manual, including the Pathways policies and procedures.