I. GENERAL RELEASE
In consideration of my child or ward being allowed to participate in educational programs (each, a “Program”) with CENTRAL COAST SALMON ENHANCEMENT, INC. doing business as CREEK LANDS CONSERVATION (“Creek Lands Conservation”) on behalf of my child or ward, myself, my spouse, my heirs, executors, administrators, legal representatives, assigns and successors in interest (hereinafter collectively designated as “Successors”), I do hereby release and waive all rights or claims for damages, for death, bodily injury, or loss of or damage to property from any cause whatsoever my child or ward or I may have or which may accrue to me or my Successors as a result of my child or ward participating in the Program. I discharge and release Creek Lands Conservation, and its respective officers, directors, employees, interns, volunteers, representatives, agents, parents, subsidiaries, and affiliates (collectively, “Released Parties”) from all liability arising out of or connected in any way with my child’s or ward’s participation in the Program, whether or not caused by the negligence of any of the above persons or entities.
My child’s or ward’s participation in the Program is voluntary and done at my own risk. I therefore voluntarily assume all risks of loss, damage, injury, or death that may be sustained while my child or ward is participating in the Program. Such risks may include rough terrain, uneven or unpaved surfaces, and debris. Tools and other equipment may pose additional hazards. In addition, I agree to hold harmless all Released Parties from all claims, damages, losses, liabilities, and costs (including without limitation reasonable attorneys’ fees, expert witness expenses, litigation costs, and disbursements).
Notwithstanding anything stated in the foregoing paragraphs, nothing in this document shall apply to exempt any person or entity from responsibility for his, her, or its own fraud, or willful injury to the person or property of another, or violation of law.
In further consideration of my child or ward being allowed to participate in the Program, I hereby agree to indemnify, defend, and hold harmless all Released Parties from and against any and all claims, damages, losses, liabilities and costs (including without limitation reasonable attorneys’ fees, expert witness expenses, litigation costs, and disbursements) relating in any manner, directly or indirectly, in whole or in part, to: (a) any act or omission of myself; or (b) any accident involving any injury to any person or damage to property resulting from my participation in the Program, due to any cause whatsoever.
I further agree to promptly assume my defense and indemnification obligations upon written notice from any of the Released Parties who may participate in the defense of any claim at their own expense. I agree not to settle any claim without the consent of Creek Lands Conservation or any other Released Party that would incur any liability for such claim under or following such settlement, which consent shall not be unreasonably withheld.
I further understand and agree that this waiver, release, and assumption of risk is binding on my Successors.
I further represent and warrant that I am advised of the existence of California Civil Code section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Notwithstanding this provision, this will constitute a full release in accordance with its terms. I knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release.
II. PHOTO RELEASE
I hereby further consent that any photograph in which my child or ward appears that is taken during his or her participation in a Program or other Creek Lands Conservation activity may be used by Creek Lands Conservation, its funders, and partners without compensation to me for purposes of publicity of advertising in catalogs, flyers, news stories, etc.
III. PICK-UP POLICIES
In an emergency, sudden illness or unwellness, or serious behavior violation, students who cannot be immediately picked up by a guardian or emergency contact may stay on our bus or other vehicle with a chaperone until they can be picked up. In an emergency where serious medical attention is needed, parents or guardians will be notified immediately of student’s location. If a parent or guardian cannot be reached, the emergency contacts will be notified in the order listed above.
IV. BEHAVIOR AGREEMENTS & MANAGEMENT PROCEDURES
To ensure a safe and fulfilling educational experience, participating in Creek Lands Conservation’s Programs requires participants to agree to certain behavior agreements and expectations. These expectations will be shared with your participating child or ward:
• We treat other people, cultures, and our environment with respect.
• We will communicate honestly and promptly should there be concern for our or others' safety and/or wellbeing.
• We do not tolerate harassment, bullying, harm of teachers, participants, guests, or the public we interact with.
• We strive to be curious, compassionate, and open minded to new ideas, people, and activities.
• We follow directions and engage with others and the environment in a safe, appropriate way.
Providing Programs that are mostly outdoors carries both risks and benefits, so we take participating student and environmental wellbeing seriously to promote sustainable inner and outer exploration. If a participant is violating behavior agreements, the following in field check-in and behavioral support procedures are as follows:
• Staff will help redirect any misbehavior and make space to talk about it for the opportunity to learn and grow.
• Any violation of the behavior agreement and subsequent check-in will be documented according to our behavioral support plan.
Our progressive behavioral support and discplinary action plan is as follows:
• First incident check-in: Staff will meet with the student and parent or guardian to discuss the violation and offer a reminder of the Program’s expectations and agreements. They may also discuss ways to support student behavior.
• Second incident check-in: Staff will meet with the student, parent or guardian, and Education Manager to determine an appropriate course and plan to support student behavior to remain in the Program.
• Third incident check-in: Staff will meet with the student, parent or guardian, and Executive Director to review incidents and documentation to determine if student qualifies for a temporary suspension from the Program, or other recourse.
If a student’s behavior is considered serious enough, Creek Lands Conservation personnel may suspend the student for one day or the rest of the Program, with terms for return. Serious violations that may warrant a suspension regardless of how many incidents are on the student’s record include:
1. Use of knives, weapons, illegal or underage drug use
2. Violent threats to Program staff, participants, or the public
3. Defiance or refusal to follow behavior or safety expectations
4. Inappropriate behavior or language.
In case of a serious incident that warrants suspension, the parent or guardian will be notified immediately and asked to pick the student up as soon as possible. Students will wait with a program staff member or chaperone in the meantime to break from the Program while waiting to be picked up.
I HAVE CAREFULLY READ THE FOREGOING POLICIES AND UNDERSTAND THAT I AM WAIVING IMPORTANT LEGAL RIGHTS, ASSUMING THE RISK OF FINANCIAL LOSS, BODILY HARM OR DEATH, AGREEING TO CERTAIN STANDARDS OF BEHAVIOR, AND THAT I AM AGREEING TO PROTECT AND DEFEND THE RELEASED PARTIES AT MY OWN COST. I UNDERSTAND THAT THIS IS A LEGALLY BINDING CONTRACT BETWEEN MYSELF AND OTHERS. I HEREBY WARRANT THAT I HAVE THE RIGHT TO CONTRACT IN MY OWN NAME, OR IF ACTING ON BEHALF OF A MINOR, HAVE EVERY RIGHT TO CONTRACT FOR THE MINOR IN THE ABOVE REGARD.
