WAIVER AND RELEASE OF LIABILITY

WISE LITTLE OWLS LLC

 

WAIVER AND RELEASE OF LIABILITY

As of March 18th, 2025

 

This Waiver and Release of Liability (“Agreement”) is made by the undersigned parent(s) or legal guardian(s) (“Parent” or “Guardian”) in consideration of Wise Little Owls LLC (“WLO”), its owner Oneiz Mercado, employees, counselors, volunteers, and affiliates (collectively, “Released Parties”), allowing my child, [Child’s Full Name] (“Child”), to participate in Wise Little Owls LLC Group Care (“Group Care”) and all related activities.

1. PARENTAL CONSENT AND ACKNOWLEDGMENT OF RISK

I, the undersigned, as the parent or legal guardian of [Child’s Full Name], hereby give full consent and approval for my child to participate in Group Care at Wise Little Owls LLC. I understand that participation in Group Care involves certain risks of injury and may result in minor or serious injuries, damages, or illnesses. Activities include but are not limited to:

• Indoor and outdoor physical activities such as running, walking, and playground time

• Group play with other children, which may involve minor physical contact

• The use of playground equipment, gym areas, and other activity spaces

2. CERTIFICATION OF PHYSICAL CAPABILITY AND HEALTH

I certify that my child is fully capable of participating in all activities offered by Wise Little Owls LLC Group Care and that my child is healthy and has no unknown, hidden, or undisclosed physical or mental disabilities or medical conditions that would restrict their participation.

3. PARENT RESPONSIBILITY FOR MEDICAL CONDITIONS OR RESTRICTIONS

If my child has any known medical conditions, allergies, or physical restrictions that Wise Little Owls LLC should be aware of, I will notify them in writing to the Program Director before the program or service start date. 
 

I understand that Wise Little Owls LLC provides Group Care within the legal ratio as per Washington, D.C. OSSE regulations and does not provide one-on-one care. It is my responsibility to inform staff of any necessary accommodation in advance so that WLO may assess and provide reasonable accommodation where possible.

4. WAIVER AND RELEASE OF LIABILITY

To the fullest extent permitted by law, I hereby waive, release, and discharge Wise Little Owls LLC, its owner, employees, counselors, volunteers, and other released parties from any and all claims, liabilities, damages, or demands, including those arising from gross negligence and/or intentional harm, in connection with:

• Any injury, illness, or death my child may sustain while participating in any activities

• Any damage, loss, or theft of personal property

• Any third-party injury caused by my child’s actions during participation in WLO.

I further agree not to sue or bring any legal action against the Released Parties for any claims arising from my child’s participation.

5. INDEMNIFICATION OF THIRD-PARTY CLAIMS

I agree to indemnify and hold harmless Wise Little Owls LLC, its owner, employees, counselors, volunteers, and affiliates from any claims, liabilities, or damages resulting from my child’s actions, participation, or conduct that may cause injury or harm to another child or individual while engaged in Wise Little Owls LLC activities.

6. MEDICAL AUTHORIZATION AND RESPONSIBILITY

• I authorize Wise Little Owls LLC to seek emergency medical care for my child if necessary and understand that I am responsible for all medical expenses, including transportation to a medical facility.

• If I cannot be reached in an emergency, I authorize medical professionals to administer any necessary treatment for my child.

• I understand that it is my responsibility to ensure my child’s health insurance information is accurate and up to date.

• Only emergency medications and diabetic medications will be administered at Wise Little Owls LLC. No other medications will be given.

For children with severe allergies, requiring glucose monitoring/insulin administration and/or other major health concerns a separate waiver (Addenda A, B, or C) will be required as applicable.

7. BEHAVIOR POLICY AND DISMISSAL

I understand that Wise Little Owls LLC may, at its sole discretion, dismiss any child for disrespectful, unsafe, or disruptive behavior without refunding any unused aftercare fees.

8. PHOTO AND MEDIA RELEASE

I grant Wise Little Owls LLC permission to use photographs, videos, or audio recordings of my child for promotional, educational, or advertising purposes in perpetuity. I understand that these materials may be used in printed publications, online platforms, and social media.

☐ I agree ☐ I do not agree

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9. DISPUTE RESOLUTION AND GOVERNING LAW

Any dispute, claim, or controversy arising out of or relating to this agreement shall be settled by binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in Washington, D.C., and the laws of the District of Columbia shall govern this agreement.

If a lawsuit is brought against Wise Little Owls LLC outside of arbitration, the parent/guardian agrees to be responsible for all legal fees, including but not limited to attorney’s fees, court costs, and any other legal expenses incurred by Wise Little Owls LLC in defending against such claims.

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10. SEVERABILITY AND SURVIVABILITY

If any provision of this agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to comply with applicable law while maintaining the original intent of the agreement.

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12. HEALTH AND SAFETY RESPONSIBILITIES

 

I acknowledge that program staff are responsible for general sanitization and adherence to health and safety protocols for all participants.

I agree that I am responsible for providing all necessary medical testing supplies, sanitizing supplies, and any other materials required to manage my child’s specific health needs, including but not limited to allergies, diabetes, or other medical conditions. I understand that failure to provide these supplies may affect my child's ability to participate in certain activities. 

13. MEDICAL EMERGENCY PROTOCOLS
I understand that if my child has a medical condition requiring specific accommodations, I must complete and submit the relevant Addenda to ensure proper care:

☐ Severe Allergies Addendum A– Includes an allergy action plan, emergency protocols, and required medications.

☐ General Medical Care Plan Addendum B – For any other medical conditions requiring special attention (e.g., seizures, asthma, heart conditions, etc.)
☐ Diabetes Care Plan Addendum C – Covers glucose monitoring, insulin administration, and emergency response procedures.

I have carefully read this Waiver and Release of Liability, fully understand its terms, and voluntarily agree to its conditions on behalf of myself and my child.