Demo Day & Drop Off Event Authorization

EMERGENCIES
In case of an emergency, I authorize the staff of KaiPod Learning, who are trained in the basics of first aid/CPR to give my child first aid/CPR when appropriate. I understand that every effort will be made to contact me in the event of an emergency requiring medical attention for my child. However, if I cannot be reached and a delay would be dangerous to the health of my child, I hereby authorize the program to transport my child to a medical care facility and to secure necessary medical treatment for my child, including, but not limited to, an epinephrine auto-injection for suspected exposure to a life threatening allergen. 

 

ASSUMPTION OF RISK AND WAIVER OF LIABILITY REGARDING COVID-19
I understand that on January 31, 2020, the United States Department of Health and Human Services announced that a public health emergency (“PHE”) exists and has existed since January 27, 2020 as a result of the Novel Coronavirus 2019 (“COVID-19”), and that the PHE has since been repeatedly extended, most recently on April 21, 2021. I understand that this determination that a PHE exists is valid for 90 days and is not intended to terminate until at least July 21, 2021. Likewise, I understand that on March 11, 2020, the World Health Organization (“WHO”) declared a pandemic given the “alarming levels of spread and severity” of the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), the virus that causes the disease, COVID-19. WHO Director General Tedros Adhanom Ghebreyesus, Opening Remarks at the Media Briefing on COVID-19 (Mar. 11, 2020). I understand that an individual can be infected with the virus and contract COVID-19 without his or her knowledge and can be asymptomatic. Notwithstanding the foregoing, I would like the Student to participate in an in-person program offered by KaiPod Learning, LLC (“KaiPod”). I understand that this participation is voluntary, and I make this decision for the Student to participate notwithstanding the uncertainty and health risks posed by COVID-19. I understand that the health risks posed by COVID-19 vary from person to person, and that I am urged to consult appropriate guidance – including, without limitation, the following publications from the Centers for Disease Control (“CDC”) and, if appropriate, a healthcare professional – to determine my level of risk: People At Increased Risk (https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/index.html). I make this decision with a full understanding that KaiPod does not have the ability to fully control the conditions under which the Student will participate in the in-person program, in light of the fact that it will occur in leased space, around which other organizations may operate. By signing below, I certify that I have been fully informed of and understand the risks associated with participating in the in-person program, including but not limited to the risks of contracting COVID-19 and the possibility of resulting illness or even death. Notwithstanding these risks, I would like and authorize the Student to participate in the program in an in-person capacity. I hereby voluntarily assume all responsibility for, and all risk of damage, illness, injury or death that may occur as a result of the Student’s in-person participation in the KaiPod program. By signing below, I also, on my own behalf and behalf of the Student, and on behalf of my and the Student’s successors and assigns, heirs, next of kin, executors, administrators, and agents, hereby release, remise, and forever discharge KaiPod, including its officers, incorporators, directors, attorneys, agents and employees (collectively “Releases”), of and from all debts, demands, actions, causes of action, suits, dues, sums and sums of money, accounts, reckonings, bonds, specialties, covenants, contracts, controversies, agreements, promises, doings, omissions, variances, damages, executions and liabilities and any and all other claims of every kind, nature and description whatsoever, both in LAW and EQUITY, which against the Releases or their heirs, executors, administrators, successors or assigns, I or the Student or my or the Student’s predecessors, successors or assigns may have against them, present or future, whether known or unknown, anticipated or unanticipated, on account of, by reason of, or resulting from or arising out of the Student’s participation in the KaiPod program in an in-person capacity. I agree that if any provision of this Assumption of Risk and Waiver of Liability (the “Agreement”) or the application thereof is held invalid, the invalidity shall not affect the other provisions or applications of the Agreement, which can be given effect without the invalid provisions or application and, to this end, the provisions of this Agreement are declared severable. I represent and acknowledge that I am the parent or legal guardian of the Student with legal authority to agree to the terms and conditions of this Agreement.

 

AUTHORIZATION
By signing below, I represent and acknowledge that I am the parent or legal guardian of the student identified above (“Student”) with legal authority to agree to the terms and conditions of this Authorization. I consent to the Student’s participation in the program operated by KaiPod Learning, LLC (“KaiPod”), including his/her/their attendance at a KaiPod learning center. I forever release, acquit, discharge, and covenant to hold harmless KaiPod and its agents, employees, officers, directors, successors, and assigns (collectively “KaiPod”) of and from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses, and compensation on account of, or in any way growing out of, directly or indirectly, all known and unknown personal injuries or property damage which I may now have or may hereafter have that result from or relate to the Student’s participation in the KaiPod program or engagement in related activities unless such injury, loss, or damage is due to the gross negligence of KaiPod. “Related activities” include but are not limited to activities sponsored by, carried out by, or otherwise involving KaiPod or a related third-party, such as after-hour or weekend program events, field trips, excursions, and community service activities. Notwithstanding anything contained in this Authorization to the contrary, no personal liability shall accrue against any individual officer, director, member, partner, fiduciary, employee, agent or representative of KaiPod, or any heir, personal representative, successor or assign of the foregoing with respect to any matters arising under this Authorization. I assume liability for and shall indemnify and hold harmless KaiPod from and against any and all losses, damages, penalties, liabilities, claims, actions, suits, costs, and expenses, including reasonable attorney’s fees, whether in law or in equity, of any kind or nature whatsoever, imposed upon, incurred by, or asserted against KaiPod in any way directly or indirectly relating to or arising out of any negligent or other wrongful act or omission of the Student. The provisions of this paragraph shall survive the termination of Student’s participation in the KaiPod program. In signing this Authorization, I acknowledge and represent that I have read the foregoing Authorization, understand it, and sign it voluntarily. I execute this Authorization for full, adequate, and complete consideration. I understand that I am permanently giving up rights, including, but not limited to, my right to sue. I hereby assert that my participation is voluntary and that I knowingly assume all risks. I have carefully read this agreement, have carefully considered it, and attest that I fully understand and knowingly and voluntarily accept its terms in their entirety and without reservation, including the release of all known and unknown claims.