Of Boys and Men Waiver
Activate in Brotherhood
Agreement Regarding Assumption of Risk, Indemnification, and Release for Guardians with Minors
This is a legally binding agreement. Read this carefully before signing and consult with an attorney if you are uncertain about its terms. This agreement must be signed by the minor’s parent or legal guardian.
1. Activate in Brotherhood, a Florida corporation, their agents, employees, officers, volunteers, and contractors, and any person or organization associated with them and their Activities (collectively “AIB”)
​2. Risks. In exchange for the services provided by AIB, the minor participant and anyone who may act on the minor participant’s behalf, (hereinafter referred to collectively as “the minor and minor’s Heirs” or “minor’s Heirs”) agree to and acknowledge the following: the minor participant is attending as a visitor (types of involvement hereafter referred to collectively as 'Participating') in an in-person program of personal growth and Event (the “Event”) sponsored and operated by AIB.
The Event will involve a variety of activities, including, but not limited to, strenuous, vigorous, and challenging physical, mental, emotional, and intellectual activities conducted either indoors and/or outdoors during the day and/or night (the “Activities”). The same elements which contribute to the unique character of the Event and the associated Activities can cause loss or damage to personal property, injury, illness, mental anguish, or, in extreme cases, permanent trauma, disability, or death.
AIB, as a matter of integrity and accountability, wants me to know in advance of the inherent or potential risks of the Event and the associated Activities. I understand that AIB will take reasonable steps to seek to provide a safe environment. However, I also understand that certain risks are inherent in the Event and cannot be eliminated without destroying the unique character of the Event and the Activities.
The risks discussed above include, but are not limited to:
-risks associated with indoor and outdoor strenuous physical activities (such as walking or running on uneven ground), including slips and falls, bruises, sprains, lacerations, fractures, and concussions;
-contact with plants, animals, snakes, or insects that could cause stings, bites, allergies, or disease;
-exposure to fire or heat from natural or manmade causes that could cause burns, dehydration, and fainting;
-exposure to cold, water, wet weather, and other unpredictable forces of nature;
-exposure to the conduct of Event participants;
-damage to property owned by me or by others;
-the failure or malfunction of equipment;
-inherent risks associated with being in a remote location, distant from medical facilities, where evacuation, transport, and medical care could be delayed;
-risks associated with traveling to and from the Event site or to and from a site of emergency medical care.
-I recognize the COVID-19 virus is capable of being transferred from person-to-person contact. I am aware that any person may carry the virus and be asymptomatic. I understand that my participation in the Event involves the inherent risk of exposure to the COVID-19 virus and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I voluntarily assume the risk that minor participant may be exposed to or infected by the novel coronavirus by attending and/or participating in the Event. I understand that AIB cannot guarantee that minor participant will not become infected with COVID-19.
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I understand that this list is not complete and that other unknown or unanticipated risks may result in property loss, serious injury, illness, or death.
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3. Well-Being Information. I attest that minor participant (1) has no medical, physical, mental, or emotional conditions that could interfere with or affect minor participant’s safety while participating in the Event and its Activities, and minor participant is fully capable, both physically and mentally, of participating in the Event and associated Activities without causing harm to minor participant or others; or (2) if minor participant has, or I suspect the minor participant may have, any such condition I have disclosed it fully to AIB.
I understand that certain medical and psychological conditions may increase the risk of minor’s participation in the Event. I release and forever discharge AIB from any liability or claims for any injuries to minor participant that directly or indirectly result from my physical or psychological condition.
I understand that it is my responsibility to consult with my primary healthcare provider prior to minor’s participation. I understand that should I choose not to consult with minor participant’s health care provider, I accept full responsibility waiving all rights to liability or any claims against AIB. I attest to the fact that I have, or will, prior to arrival, disclose all relevant information regarding minor participant’s physical, emotional, or mental conditions that could cause minor participant harm by participating in this training.
Any well-being information that I have given to AIB is true to the best of my knowledge, information, and belief, and I have disclosed all known or suspected conditions. I agree that I will inform AIB of any additional health conditions that may arise in the minor participant between the day I execute this Agreement and the date of the Event and Activities, as well as conditions that arise during the course of the Event and Activities.
4. Assumption of Risk. I understand and agree that AIB is not and cannot be a guarantor or insurer of my safety or well-being. I agree to act with reasonable care for my well-being and the well-being of all other people and property around me during the Event and the Activities. I understand that AIB has not inspected and makes no warranty regarding the condition of bodies of water and provides no lifeguards. I agree that if I swim or otherwise enter those bodies of water, I do so at my own risk.
I understand that any experience, service and/or information at the Event is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care, or substance abuse treatment and that I will not use it in place of any form of therapy.
I accept and assume full responsibility for all of the risks and hazards associated with Participating on the Event, whether known or unknown, including, but not limited to, 1) injury, death, or loss of personal property and related expenses which I may suffer as a direct or indirect result of those inherent risks and dangers described in this Agreement as well as those not specifically described; and 2) any injury that I may cause to any other person or any damage that I may cause to the property of others, as a result of my negligence or wrongful conduct. I elect to Participate in the Event with full knowledge of all known or potential risks.
5. Participation. I understand that I may stop the minor’s participation in any of the Activities at any time. I agree that minor’s participation in all, or any part, of the Activities is entirely at my own risk. Any actions or lack of actions that minor participant undertakes are my responsibility. Any actions or lack of actions that minor participant undertakes are neither the responsibility nor liability of AIB.
6. Release. In consideration of being able to Participate in the Event, I, for the minor participant and minor participant’s Heirs, release, hold harmless, and discharge AIB from all claims or causes of action, present or future, arising from physical, emotional, or psychological injury, death and/or property damage suffered by me or any other person, resulting directly or indirectly from my Participating on the Event and the associated Activities, including, without limitation, injury or damage caused in whole or in part by errors in judgment and/or any other negligence of AIB. I understand and accept that by signing this Agreement, I surrender all rights of minor participant and minor participant’s heirs to make a claim or file a lawsuit against AIB for personal injury, property damage, wrongful death, product liability (including strict liability), breach of warranty or contract, or under any other legal theory unless the claim arises from the intentional wrongful act, recklessness, or gross negligence of AIB.
7. Nature of Release. This release, waiver, and indemnity Agreement is intended to be as broad and inclusive as permitted by law. If any portion of the Agreement is held invalid, the remainder of the Agreement will still continue in full legal force and effect.
8. Photo Release. I understand that an individual photo and a group photo may be taken at this Event that will include the minor participant’s image, and I hereby consent to AIB’s use of any such photos for Event, educational, and marketing purposes without any further consent from me.
9. Mediation, Arbitration, Waiver of Right to Sue. I expressly agree that any claim or cause of action of any kind against AIB as a direct or indirect result of minor’s participation in the Activities or Event must first be submitted to mediation by a neutral third party, preferably a mediator who practices regularly under the auspices of the courts of the state where the AIB Area facilitating the Event is located. If after two (2) sessions or through agreement of the parties, it is determined that mediation is unsuccessful, the matter must then be submitted for a final and binding arbitration of my claims. Any such arbitration will be held in Florida, and Florida substantive law will apply in all such proceedings without regard to choice of law principles. I agree that any resulting arbitration award is final and binding upon both AIB and upon minor participant and minor participant’s Heirs, and by executing this Agreement, I am expressly waiving any and all rights to litigate any such claim in any state or federal court. Any cause of action to enforce any arbitration award or any cause of action brought against AIB, notwithstanding the waivers contained in this Agreement, must be brought in a court of competent jurisdiction in the state where the AIB Area facilitating the Event is located and Florida substantive law will apply. Any arbitrator chosen pursuant to this paragraph will be chosen from a list or lists supplied by the American Arbitration Association (“AAA”) applying AAA rules, the Federal Mediation and Conciliation Service, or from any other mutually agreeable source.
10. Agreement Controlling. This release contains the entire agreement between AIB and minor participant and supersedes any and all other agreements or representations, written or oral.