KIWI KIDS INC.
GENERAL WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT
Effective as of: Jan 1 , 2025
IMPORTANT: THIS IS A LEGAL DOCUMENT. PLEASE READ CAREFULLY BEFORE SIGNING.
This General Waiver and Release of Liability (“Agreement”) is executed by the undersigned parent(s) or legal guardian(s) (“Participant” or “Parent/Guardian”) in favor of Kiwi Kids Inc., a Utah corporation, including its officers, directors, agents, employees, representatives, volunteers, independent contractors, affiliates, and partners (collectively, “Kiwi Kids”).
This Agreement covers all activities, services, events, and programs organized, operated, or facilitated by Kiwi Kids, including but not limited to:
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Homeschool Enrichment Programs
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Academic Support and Tutoring
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Science and STEM Programs
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Physical Fitness and Motor Skills Activities
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Special Needs Education and Support Programs
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Group Camps and Workshops
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Activities at Kiwi Kids’ premises and other offsite locations such as Draper, South Jordan, and Recreation Centers across Utah
1. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK
I, the undersigned, understand and acknowledge that participation in Kiwi Kids programs involves certain inherent risks, including but not limited to:
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Physical injury (minor or severe) including sprains, fractures, head injuries, or other bodily harm
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Illness (including communicable diseases such as COVID-19)
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Emotional or psychological stress
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Accidents due to equipment, facility use, or transportation
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Risks associated with participation by children with disabilities or special needs
I voluntarily accept and assume all risks associated with my child(ren)’s participation in any Kiwi Kids activity, whether or not specifically listed.
2. RELEASE AND WAIVER OF LIABILITY
To the fullest extent permitted by law, I hereby waive, release, and discharge Kiwi Kids Inc., its owners, employees, agents, volunteers, and facility partners from any and all claims, demands, causes of action, liability, or damages of any kind, including negligence, arising from or related to:
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Any injury or harm sustained during participation
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Property damage or loss
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Delays, cancellations, or alterations of programming
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Acts of other participants or third parties
This release applies even if the injury or damage is caused by the negligence of Kiwi Kids or its representatives, except in cases of gross negligence or willful misconduct.
3. MEDICAL AUTHORIZATION
In the event of an emergency or injury where I cannot be reached, I authorize Kiwi Kids Inc. to seek emergency medical treatment for my child(ren). I understand that I am solely responsible for any medical expenses incurred.
4. SPECIAL NEEDS & ACCOMMODATIONS
If my child is enrolled in the Special Needs Program, I confirm that I have disclosed all relevant medical, developmental, or behavioral information to Kiwi Kids. I understand that Kiwi Kids staff are not medical professionals, and while they may provide general support, they are not responsible for providing specialized medical or therapeutic care unless specifically agreed upon in writing.
5. TRANSPORTATION & OFFSITE EVENTS
I give permission for my child to participate in field trips, offsite programs, and transportation services offered by Kiwi Kids. I waive any claims related to travel to and from such events, including those involving third-party transport providers.
6. MEDIA RELEASE
I grant Kiwi Kids Inc. the right to take and use photographs, videos, or recordings of my child for promotional or educational purposes (website, brochures, social media, etc.). I waive any right to compensation or ownership of such media.
☐ (Check here if you DO NOT consent to media use)
7. CONDUCT & BEHAVIOR EXPECTATIONS
I understand that appropriate behavior is expected of all participants. Kiwi Kids reserves the right to remove any child from programming due to inappropriate, unsafe, or disruptive behavior, and no refunds shall be provided in such cases.
8. INDEMNIFICATION
I agree to indemnify and hold harmless Kiwi Kids Inc. from any and all claims, liabilities, losses, damages, or expenses (including attorney fees) arising out of or related to:
9. ENTIRE AGREEMENT & GOVERNING LAW
This document represents the entire agreement between the parties and supersedes all prior discussions. If any part is found unenforceable, the remaining sections remain valid. This Agreement is governed by the laws of the State of Utah. Jurisdiction for any dispute shall lie exclusively in Utah courts.
10. PARENT/GUARDIAN ACKNOWLEDGEMENT
I CERTIFY THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE PARTICIPANT(S) AND HAVE THE AUTHORITY TO SIGN THIS AGREEMENT. I HAVE READ AND UNDERSTAND THIS DOCUMENT IN ITS ENTIRETY AND VOLUNTARILY AGREE TO ALL TERMS.