Waiver

Read this before you sign. By agreeing you give up legal rights for yourself and for your child. Where this waiver says “my child”, it means each child named in this sign-up. It covers the program day you are signing up for.

1. What the day involves, and its risks

NMYCF program days are outdoor and hands-on. Depending on the program, my child may fish from a bank or a dock and handle hooks and line; shoot a bow and arrow; ski or snowboard and ride lifts; work near beehives and bees; use a pottery wheel, clay tools and a kiln; or walk trails to watch birds. I understand that these activities carry real risks that the New Mexico Youth Conservation Foundation (“NMYCF”) cannot remove, including:

• Water: slipping on banks, docks or rocks; falling in; drowning.
• Sharp things: fish hooks, knives, arrows and tools.
• Archery: an arrow striking a person.
• Snow sports: falls, collisions, chairlifts, cold and frostbite.
• Bees: stings, including severe allergic reactions.
• Pottery: cuts, burns from a kiln, dust.
• The outdoors: uneven ground, rocks and cactus; sun, heat and cold; storms, lightning and wind; altitude; wildlife and insects; dehydration.
• Other people: the actions of other participants, volunteers and members of the public.
• Getting there and getting help: travel to and from the site, and sites far from a hospital where help takes longer to arrive.
• Mistakes: the ordinary carelessness of the people running the day.

Injuries can range from scrapes and bruises to broken bones, permanent disability and, rarely, death.

2. I accept these risks

I have read the risks above and I understand them. I choose to let my child take part anyway, and I accept these risks for my child and for myself. I confirm that my child is healthy enough to take part and has no condition that makes these activities unsafe for them, apart from what I have written in this sign-up. I am responsible for the cost of any medical care my child receives.

3. Permission for emergency treatment

If my child is hurt or ill and I cannot be reached right away, I authorize NMYCF staff and volunteers to give first aid and to call emergency services, and I authorize paramedics, doctors and hospitals to give my child the emergency treatment they judge necessary, including transport to a hospital, at my cost.

4. Release

In return for NMYCF letting my child take part, I give up — for myself, for my child, and for anyone who could claim through either of us (our family, heirs and estate) — the right to sue or to make any claim against the Released Parties for any injury, illness or death, or any loss of or damage to property, that comes from my child’s or my taking part in the program day, including harm caused by the ordinary negligence (carelessness) of the Released Parties. If any part of this release cannot be enforced for my child, it still applies to my own claims.

“Released Parties” means the New Mexico Youth Conservation Foundation and its directors, officers, employees, volunteers and instructors; the owners and operators of the places where the program day happens; and the organizations and people who help NMYCF run it.

This release does not cover harm caused on purpose, or by reckless or grossly negligent conduct, and it does not take away any right that New Mexico law says cannot be given up.

5. My responsibilities

I will follow the instructors’ safety directions and make sure my child does too. I understand that NMYCF may end my child’s participation if it becomes unsafe to continue. If my child damages property or injures someone on purpose or through carelessness, I am responsible for that damage.

6. Photos and video

NMYCF takes photos and video on program days and uses them on its website, on social media, in newsletters, in reports to funders and in printed materials. Unless I tick the box asking NMYCF not to, I give NMYCF permission to photograph and film my child and to use those images, without payment and without naming my child, now and in the future.

7. The rest

This agreement is governed by the law of the State of New Mexico. If a court decides that any part of it cannot be enforced, the rest still applies. It is the whole agreement between me and NMYCF about this program day, and it binds my family, heirs and estate. Signing it electronically, by ticking the box and typing my name, has the same effect as signing it on paper.

Acknowledgment

I am the parent or legal guardian of the children named in this sign-up and I have the authority to sign for them. I have read this whole document and I understand it. I know that by agreeing to it I am giving up legal rights, including the right to sue. I agree freely, and no one has told me anything different from what is written here.