This Agreement is intended to cover participation in The Lovett School’s Afternoon Enrichment Program (the “Program”), to be held from August to November 2019 at The Lovett School Campus, 4075 Paces Ferry Road, NW, Atlanta, Georgia 30327.  In executing this Agreement, I acknowledge and agree to the following:

1.              I am the parent or legal guardian of the Student and understand that this Agreement is a material inducement for the School to allow the Student to participate in the Program.

2.              I am fully aware of and understand the nature of the Program.  I have investigated the Program, have had fully answered all questions, if any, which I may have regarding the Program and have concluded that the Program is appropriate for the Student.  I specifically understand that the Student may participate in off-campus activities as part of the Program and that travel to and from these activities will be required.  I am responsible for requesting any additional information I need to determine whether the Student will participate in the Program, and I understand that the School’s staff has been available to answer any questions I may have about the nature and demands of the Program.

3.              I, individually and on behalf of the Student, (the “Releasors”) release and waive the School, its officers, directors, trustees, employees, staff, volunteers, and supervisors (the “Released Parties”) from any and all liability and/or claims, suits, damages, injury, disability, death, costs and expenses, whether arising before, during or after the Program, whether described in this Release and Waiver or not, and whether caused by the sole or joint negligence, gross negligence, or tortious act or omission of the Released Parties, or any of them, or any third party (collectively the “Claims”).  This Release and Waiver does not apply to the willful misconduct of the Released Parties, nor does it release or is it intended to release any claims Releasors may have against any person and/or party other than the Released Parties.  The Releasors hereby knowingly and voluntarily waive, to the fullest extent permitted by law, the benefits of any statute, law, rule, or common law which may limit the scope of this Release and Waiver. 

4.              Each of the Releasors assume full, sole, and complete responsibility for all risks, inherent and otherwise, known and unknown, whether or not described in this Release and Waiver, including, without limitation, risks of, death, personal or bodily injury, disability and/or property damage resulting from, in connection with, or in any way related to, the Student’s participation in the Program.

5.              I represent and warrant to the Released Parties that the Student has no medical condition (physical or mental) which would or could impact on the Released Parties allowing the Student to participate in the Program and that the Student is physically able to participate in the Program. 

6.              If, in the opinion of a properly licensed and practicing physician, the Student needs medical or surgical services which require my pre-authorization or consent, I hereby authorize, appoint, and empower the School to act on my behalf and furnish such consent on my behalf. I confirm that it is my desire that the Student be furnished with such medical or surgical services as soon as reasonably possible after the need arises.  I hereby release and hold the School harmless from any liability which might arise from the giving of such consent.  I agree to reimburse the School for any medical expenditures made on the Student’s behalf

7.              I hereby authorize the School to supply medical care as needed for the Student (including administration of allergy medications, Epi-Pens, etc. according to the Student’s prescription from a licensed practitioner) or other minor medical care as determined to be appropriate by the School nurse.  I also authorize the School’s student guidance counselor to meet and counsel with the Student regarding emotional, social, or family circumstances.  I hereby release and hold the Released Parties harmless from any liability which might arise from the provision of such medical care or counseling services.

8.              I understand and agree that the School may cancel all or any portion of the Program in its sole discretion at any time.  If the School decides to cancel all or any portion of the Program, it will provide a pro-rated tuition refund less a $20 non-refundable processing fee, subject to the provisions of Paragraph 11.  I understand and agree that if the Student withdraws from the Program two or more weeks prior to the Program Start Date, a full tuition refund will be made less a $20 non-refundable processing fee. I further understand and agree that if the Student withdraws from the Program less than two weeks prior to the Program Start Date, no refund will be made. If the Student withdraws due to illness, the School will provide a 50% tuition refund less a $20 non-refundable processing fee.  The School reserves the right to require notice of the reason for withdrawal from a physician before issuing any tuition refund for withdrawal due to illness.

9.              I understand and agree to allow the Student’s photograph, image, voice, and information to be used by the School for use in the School’s publications, promotion materials and website, without compensation and without prior notice.  I hereby release and hold the School harmless from any liability stemming from the use of the Student’s photograph, image, or information.

10.           If any provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect.  If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.

11.           The School’s duties and obligations under this Agreement shall be suspended immediately without notice during all periods that the School is closed because of force majeure events including, but not limited to, any fire, act of God, hurricane, war, governmental action, act of terrorism, epidemic, pandemic or any other event beyond the School’s control.  If such an event occurs, the School’s duties and obligations in this Agreement will be postponed until such a time as the School, in its sole discretion, may safely reopen.  In the event that the School cannot reopen due to an event under this clause, the School is under no obligation to refund any portion of the tuition paid..

12.           This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with, the laws of the State of Georgia without regard to principles of conflicts of law.   

13.           This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties.  This Agreement is binding upon and inures to the benefit of the parties, their heirs, successors, legal representatives and assigns. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.  No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.  No waiver shall be binding unless executed in writing by the party making such waiver.  

14.           By clicking acceptance below I acknowledge that I have received the opportunity to review this Release and Waiver with an attorney, that I have carefully read and fully understand the contents of this Release and Waiver, that I am giving up substantive legal rights (both the Student’s and my own, as well as the rights of all other Releasors), and that I have not been induced to sign this Release and Wavier by any promise or representation and sign it freely and voluntarily, intending and agreeing to be fully bound by the terms hereof.