evolve360°_SM Program Terms and Rules

Please read the following terms and rules carefully before completing your enrollment.

As the "parent" or "legal guardian", my child's/children's participation in the activity, confirms I hereby agree to hold harmless evolve360 LLC, Southfield Public Schools, their employees, volunteers, vendors and other entities involved with the activity and/or for any claim(s), injury(ies), suit or action(s) that might arise on behalf of myself or my child/children before, during, or after any activity.  I agree I am responsible for understanding my child's/children's health condition and therefore must decide as to fitness of my child/children to participate in a physically challenging activity.  I understand that in the event of any injury before, during, or after any aspect of my child's/children's participation in any of the activities, it is the responsibility of me (parent or legal guardian) or my (the parent's or legal guardian's) insurance company to pay for any/all medical expenses.  I therefore authorize program personnel, on my behalf, to pursue any emergency medical care for my child/children if they deem necessary.

I am aware that my child/children may be photographed and/or video-taped during sessions and give my permission for use with no requirement, request or expectation for compensation in any manner.  I authorize the use and/or release of pictures, photo or videos of my child/children (or their likeness) for use in advertisement, promotional materials, training, revenue or press purposes.  These pictures, photos or videos are the property of, and entirely owned by evolve360 LLC.

I am requested to remain onsite during the entire event/session to observe my child's/children's conduct and progress.  If I leave, I assume complete responsibility for any/all situations that may arise with my child/children during my absence.  I understand that I must pick my child up from the session at the time it ends and if I fail to do so, my child will be taken to the nearest city police station where he/she will remain until I retrieve him/her.

I understand that my child will be immediately terminated from the activity with no refund if any of the following rules are violated (please review with your child/children):  No fighting, cursing, littering, destroying other's property, smoking, alcoholic consumption, use of controlled substances, leaving session/premises without permission of program, disobeying program personnel directions, disrespecting or harassing others in any manner (e.g. including but not limited to: graffiti, texting, use of email, or the internet).

Activity Cancellation:  In the event of unforeseen events (ex. natural disasters, weather concerns, sickness, etc.) or conflicts with school events, a session(s) may be unexpectedly cancelled.  As best possible, we will alert parents pending the situation’s circumstances.  We apologize in advance for any inconvenience. A refund is available after the first session, thereafter, no refunds or credits will be available.

THE UNDERSIGNED, for himself/herself, his/her personal representatives, heirs, and next of kin understands, agrees to this binding document and:

1. Acknowledges and agrees that he/she accepts full responsibility for his/her own and that of their child's/children's safety and that participation constitutes acknowledgement and agreement that the activity and site are safe and reasonably suited for the activity.
2. Further the UNDERSIGNED agrees that if, at any time concerns arise around safety, it is his/her responsibility to immediately advise program personnel in a documented form of such, will immediately withdraw from the dangerous area and hereby releases, waives, discharges and covenants not to sue evolve360 LLC, Southfield Public Schools, their collective entities, employees, volunteers, vendors, any subdivision thereof, and each of them, their respective affiliates, subsidiaries, parent entities, and each of their officers, directors and employees, and representatives (all for purposes herein referred to as "Releases") from all liability to the undersigned, his/her personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands there from on account of injury to the person or property or resulting in death of the undersigned en route to/from the site, in or upon the site, or while observing, working for, or participating in the program/activities.
3. The undersigned hereby agrees to hold harmless and to indemnify the Releases from and against all claims, actions, damages and expenses, including but not limited to reasonable attorney’s fees for any alleged injury and/or death to any person or damage to any property arising, or alleged to have arisen out of or related to his/her presence or participation in the Programs, whether caused, in whole or in part, by the sole or concurrent negligence or wrongdoing of the Releases or any negligent, reckless or intentional act of commission or omission on the part of the undersigned, his/her heirs, successors or assigns.
4. The undersigned warrants and represents that he/she (i) is the legal parent or guardian of the minor child/children participating and is executing this release, waiver of liability, and indemnification agreement on behalf of such minor child/children.
5. THE UNDERSIGNED, expressly agrees that the foregoing release and waiver of liability agreement is intended to be as broad and inclusive as is permitted by the law of the State of Michigan and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE/WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT, and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement have been made.