PARTICIPANT AGREEMENT AND WAIVER This Agreement is entered into between Friendship Circle MetroWest, Inc. ("Friendship Circle"), LifeTown, Inc. ("LifeTown"), and Chabad of Livingston, located at 10 Microlab Road, Livingston, NJ and affiliates, subsidiaries, officers, directors, employees, agents, contractors, and volunteers of each (collectively referred to as the "Organizations"), and the undersigned parent or legal guardian ("Parent") on behalf of themselves and their child ("Participant").
We're so glad your family is part of Friendship Circle! Our programs create meaningful connections between participants, teen volunteers, and the broader community. To make sure everyone has a safe and positive experience, we ask that you review and agree to the following:
- How Our Programs Work. Friendship Circle may pair your child with a teenage volunteer mentor. These mentors are supervised, but they're teenagers — not professional caregivers. Parent understands that Friendship Circle may assign one or more teen volunteer mentors to work with Participant. Parent agrees to maintain full oversight and supervision responsibilities for Participant during all program activities, including those shared with assigned teen mentors. The organization's provision of volunteers, staff, or programming does not transfer or reduce Parents' supervisory responsibilities.
- A Parent Must Be Present. For Friends@Home visits and certain other programs, we need a parent or guardian on-site at all times. This is a firm requirement — it's how we keep everyone safe. As an express condition of Participant's admission into the program, Parent agrees that at least one parent or guardian will remain on the premises for the entirety of each Friends@Home visit or any other program where parental presence is required. Parent assumes full responsibility for everything that occurs during the visit and agrees to hold the Organizations harmless from any liability arising from the visit.
- If You Use a Caregiver. If your child is accompanied by a nurse or other caregiver during programs, just give us a heads-up. If Parent provides a nurse, aide, or other caregiver ("Caregiver") for Participant during any program, Parent agrees to notify the Organizations at least 24 hours in advance when a new Caregiver will be accompanying Participant. Parent acknowledges that the Organizations are not responsible for the conduct of the Caregiver or for any claims arising from the Caregiver's presence, and agrees to indemnify and hold harmless the Organizations from any such claims.
- Keeping Everyone Safe. We take safety seriously, and we ask that your family does too. By signing below, you agree that you and your household members:
- Will not use, possess, or be under the influence of illegal drugs, alcohol, or controlled substances at any Friendship Circle event or program
- Will not bring alcohol, tobacco products, weapons, firearms, or other dangerous items to any event or program
- Will not have unsecured firearms in any home that hosts a Friends@Home program
- Will ensure that no individual convicted of a crime (other than minor traffic violations), or with a history of violence or abuse, is present at a home hosting a Friends@Home program
- Agree to have a background check performed as requested by the Organizations
- Parent certifies compliance with all of the above conditions and acknowledges that failure to comply may, at the Organization's sole discretion, result in the termination of Participant's involvement in any or all program activities.
- Respect Everyone's Privacy. Our community includes families in all kinds of situations. Please respect their privacy — and teach your child to do the same. Parent agrees to respect the privacy of all Friendship Circle participants and to keep personal information confidential. Parent agrees to instruct Participant to do the same. Parent understands that photographs taken during programs may be private and sensitive and should not be shared without permission.
- If Something Goes Wrong, Tell Us Right Away. Accidents happen, and situations come up. If you see something, say something — immediately. If an injury, incident, or significant hazard occurs during any program activity, Parent is responsible for immediately reporting it to Friendship Circle staff. If Parent observes any hazard, Parent agrees to stop Participant's involvement in the activity and notify staff immediately.
- Stuff Happens. Our programs are active, social, and hands-on — that's what makes them special. But with that comes some inherent risk. Parent acknowledges that participation in Friendship Circle activities involves a certain degree of risk and can be physically, mentally, and emotionally demanding. Parent has carefully considered these risks and voluntarily consents to Participant's involvement. Parent agrees not to allow Participant to engage in any activity that Parent believes Participant cannot perform safely or in accordance with program instructions.
- While You're on Our Property. Whether you're dropping off, picking up, attending an event, or just passing through, you're welcome on our property, but we need you to take responsibility for your own safety while you're here. Parent acknowledges that any time Parent, Participant, or any accompanying family members are present on property owned, leased, or operated by the Organizations — including during pickup, drop-off, events, and any other visits — they are there at their own risk. Parent assumes full responsibility for their own safety and the safety of any accompanying individuals, and agrees to hold the Organizations harmless from any claims or liability arising from their presence on the premises, including but not limited to slip-and-fall incidents, parking lot accidents, or any other injury or property damage occurring on the property.
- Other Participants. Our programs bring together kids with a wide range of abilities, behaviors, and needs. That's part of what makes Friendship Circle special — but it also means interactions between participants can be unpredictable. Parent acknowledges that the Organizations are not responsible for the actions, behavior, or conduct of other participants, volunteers, or their family members. Parent agrees that the Organizations shall not be held liable for any injury, harm, or damage to Participant caused by another participant, volunteer, or any other third party during program activities. Parent voluntarily assumes this risk as part of Participant's involvement in the program.
- Waiver and Release. This is the important legal part — please read it carefully.
This is the important legal part — please read it carefully.
WAIVER AND RELEASE OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF NEW JERSEY, PARTICIPANT AND PARENT, HEREBY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE THE ORGANIZATIONS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, TRUSTEES, MEMBERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS, AGENTS, REPRESENTATIVES, AFFILIATES, SUCCESSORS, ASSIGNS, INSURERS, AND ALL OTHER RELATED PERSONS OR ENTITIES (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES OF ANY KIND WHATSOEVER, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO: - ENTRY UPON OR USE OF THE PREMISES;
- PARTICIPATION IN OPEN PLAY, SHOPPES, OR ANY OTHER ACTIVITIES;
- THE ACTS OR OMISSIONS OF OTHER GUESTS OR THIRD PARTIES; OR
- THE ORDINARY NEGLIGENCE OF ANY OF THE RELEASED PARTIES.
- THIS RELEASE APPLIES TO ALL CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, ECONOMIC LOSS, OR WRONGFUL DEATH.
- HOWEVER, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO RELEASE CLAIMS ARISING FROM GROSS NEGLIGENCE, RECKLESS CONDUCT, OR INTENTIONAL MISCONDUCT TO THE EXTENT SUCH RELEASE IS PROHIBITED BY APPLICABLE LAW.
- INDEMNIFICATION AND HOLD HARMLESS. Participant and Parent agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, suits, liabilities, damages, judgments, settlements, penalties, fines, losses, costs, and expenses, including reasonable attorneys’ fees and litigation expenses, arising out of or related to:
- the conduct or actions of Guests;
- any injury, damage, or loss caused by Visitor or Guests;
- Guests’ breach of this Agreement; or
- any claim brought by or on behalf of a Guest or third party arising from Visitor’s or Guests’ presence at or use of the facility.
- This indemnification obligation shall survive the conclusion of the visit and remain enforceable to the fullest extent permitted by law.
- Emergency Medical Authorization. We hope we never need this — but just in case, we want to be able to get your child help fast. In the event of a medical emergency involving Participant, the Organizations will make every effort to contact Parent. If Parent cannot be reached, Parent hereby authorizes the medical provider selected by the supervising adult to secure proper treatment for Participant, including hospitalization, anesthesia, surgery, or administration of medication. Parent authorizes medical providers to disclose examination findings, test results, and treatment information to the supervising adult for purposes of medical evaluation, follow-up communication with Parent, and determination of Participant's ability to continue in program activities.
- Physical Safety. I understand that program staff may provide appropriate physical guidance or assistance as part of supporting Participant. In the event of a situation involving an immediate risk of physical harm to the Participant or another person, appropriately trained staff may use reasonable physical contact, including an approved physical restraint or personal-control technique, to maintain safety. Physical intervention will never be used as punishment, for staff convenience, or as a substitute for appropriate supervision or programming. I authorize such intervention to the extent permitted by applicable law and program policy. I understand that the incident will be documented and that I will be notified promptly. This acknowledgment does not authorize conduct prohibited by law or waive the participant’s legal rights.
- Smile for the Camera. We love sharing the great things happening in our programs! Unless you tell us otherwise, we may use photos or videos from events for promotional purposes. Unless Parent notifies the Organizations in writing, Parent grants the Organizations permission to use Parent's and Participant's name, image, likeness, or recording in connection with promotional materials including brochures, advertising, social media, websites, and broadcasts. Parent represents that they have authority to grant this release. No problem if you'd rather opt out — just check the box below or let us know in writing:
- The Handbook. Parent agrees to abide by and perform everything stated in the Friendship Circle Handbook in its entirety, as well as any additional rules and policies pertinent to specific events, as they may be modified from time to time.
- Our Organization. Parent acknowledges that Friendship Circle MetroWest is an independently owned, operated, and controlled local corporation.
- Modification. This Agreement may only be changed or modified in writing signed by both parties. No waiver of any provision shall be effective unless in writing and signed by both parties.
- Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Governing Law. This Agreement shall be governed by the laws of the State of New Jersey.
