VIBRANT KIDZ
SAFETY & LIABILITY WAIVER
LEGAL ENTITY & DBA DISCLOSURE
This Safety & Liability Waiver (the “Waiver”) applies to the digital program known as “Vibrant Kidz: Sacred Playtime” (the “Program”) and its corresponding free video series (the “Free Video Series”), collectively referred to as the “Activities.” Both are owned and operated by Sourcelight Productions Inc. (referred to as “Sourcelight Productions” or the “Company”).
Sourcelight Productions conducts business under the trade name “Vibrant Kidz” (the “Brand”). References to “Vibrant Kidz,” “VK,” “we,” “us,” or “our” refer to Sourcelight Productions operating as Vibrant Kidz.
“Released Parties” means the Company, the Brand, and their respective owners, directors, officers, employees, contractors, agents, representatives, affiliates, successors, and assigns, including Hayley Flinn, Brandon Kennedy, and Vibrant Embodiment to the extent applicable.
This Waiver applies to participation in either or both Activities, whether accessed free of charge or through purchase or licensing. By affirmatively checking the acceptance box before accessing the Activities, you acknowledge that you have read and agree to this Waiver, subject to applicable law.
LICENSING
This Waiver applies to individual users (parents or guardians) and institutions or organizations licensing the Activities, including schools, school districts, classrooms, childcare facilities, community organizations, and other educational or recreational facilities (collectively, “Licensed Organizations”).
Each Licensed Organization, acting through a duly authorized representative, acknowledges its responsibility for appropriate supervision, a safe participation environment, assessing participants’ suitability for activities, and obtaining necessary parental or guardian permissions or consents.
Licensed Organizations acknowledge the inherent risks of participation. To the fullest extent permitted by applicable law, the Released Parties shall not be liable for injuries, accidents, or other losses arising from participation, except where liability cannot lawfully be excluded.
The applicable safety responsibilities, acknowledgments, and limitations of liability in this Waiver apply to Licensed Organizations and their use of the Activities. Nothing in this Waiver purports to waive the independent legal rights of a child or other person who has not validly agreed to it.
AGREEMENT
The Activities are prerecorded, online follow-along experiences involving movement, singing, and light breathing exercises. Participation carries inherent risks, including slips, falls, collisions with objects, strains, sprains, and other injuries. Participants with asthma or other conditions affecting breathing, movement, or safe participation should obtain appropriate medical advice where needed and be supervised appropriately.
If a participant experiences pain, dizziness, difficulty breathing, faintness, nausea, unusual discomfort, or other concerning symptoms, the activity should stop immediately and appropriate medical assistance should be sought when necessary.
By accepting this Waiver, you acknowledge your responsibility, to the extent applicable to your role and permitted by law, for the safety of participants under your care or supervision, including your children, other children, yourself, other adults, or students. Participation must be appropriately authorized and supervised, with required permissions or consents obtained.
You agree to assess participants’ capabilities and limitations, provide a reasonably safe and suitable space, remove foreseeable hazards, and stop participation if concerns arise. The Activities are designed primarily for children ages 4–7, although older children and adults may participate. Participation by children under age 4 should be carefully assessed by their parent or guardian and closely supervised.
You acknowledge the inherent risks associated with participation and agree that, to the fullest extent permitted by applicable law, the Released Parties shall not be liable for injuries or losses arising from participation, except where liability cannot lawfully be excluded.
By accepting this Waiver, you further acknowledge and agree as follows:
1. ASSUMPTION OF RISK
I understand that participation in the Activities involves risks. I voluntarily accept the inherent and reasonably foreseeable risks of my own participation and, to the extent I am legally permitted to do so, participation by persons under my care or supervision.
2. CLAIMS
“Claims” means liabilities, claims, demands, proceedings, or causes of action relating to injury, loss, damage, or death arising in connection with participation in the Activities. “Released Parties” has the meaning given above.
3. PARTICIPANT SAFETY
I will make reasonable efforts to ensure that participants are able to participate safely, understand their physical limitations, and stop participating if they become ill, injured, or uncomfortable. I will ensure that the participation area is suitable and reasonably free from hazards.
4. RELEASE OF LIABILITY
To the fullest extent permitted by applicable law, I release the Released Parties from Claims arising from my own participation in the Activities, including Claims arising from ordinary negligence where such release is legally enforceable. This release does not purport to waive rights that cannot lawfully be waived, including the independent rights of minors.
5. AGREEMENT NOT TO SUE AND INDEMNITY
To the fullest extent permitted by applicable law, I agree not to bring Claims against the Released Parties that I have validly released under this Waiver. I agree to indemnify the Released Parties against losses and reasonable legal expenses arising from my own breach of this Waiver or my own negligent or wrongful conduct, except to the extent caused by a Released Party’s negligence or other conduct for which liability cannot lawfully be excluded. Any institutional indemnity obligations must be separately agreed in an authorized licensing contract.
6. MEDICAL ADVICE
I understand that it may be advisable to consult a qualified healthcare professional before participation where a participant has a medical condition, disability, or physical limitation that may increase risk. I will follow any applicable professional advice.
7. OTHER PARTICIPANTS
The applicable safety responsibilities in this Waiver extend to my own participation and to persons participating under my care or supervision, including children, adults, and students, as applicable. This provision does not itself bind anyone who has not validly accepted the Waiver.
8. TECHNOLOGY
I am responsible for providing an appropriate internet connection, compatible equipment, and a suitable digital environment. The Company is not responsible for interruptions or failures of third-party networks or equipment outside its reasonable control, except where responsibility cannot lawfully be excluded. Nothing in this clause limits obligations imposed by applicable privacy or data-protection law.
9. RECORDINGS AND PRIVACY
The Activities are prerecorded and do not require participants to submit recordings. Any recording or sharing of participation is the responsibility of the person or organization making or sharing it, subject to applicable privacy laws, institutional policies, and required permissions. Licensed Organizations must obtain any required parental or guardian consents before recording or sharing children’s images or information. The Company will not publicly share participant recordings submitted to it for reviews or messages without appropriate permission or another lawful basis.
10. NO ADDITIONAL REPRESENTATIONS
I acknowledge that I have not relied on representations about the safety of participation other than those expressly provided by the Company. This Waiver is intended to apply only to the extent permitted by applicable law.
11. SEVERABILITY
If any provision of this Waiver is held unlawful, invalid, or unenforceable, that provision shall be severed to the extent necessary, and the remaining provisions shall continue in effect where legally permissible.
12. ELECTRONIC ACCEPTANCE
I confirm that I have read and understand this Waiver and acknowledge that it may affect certain legal rights. I accept it by affirmatively checking the agreement box before accessing the Free Video Series or the Program. If accepting on behalf of a Licensed Organization, I represent that I am authorized to do so. This acceptance does not waive the independent legal rights of participants who have not validly agreed to this Waiver.
GOVERNING LAW & INTERNATIONAL APPLICATION
This Waiver applies to all users and Licensed Organizations accessing or participating in the Activities, regardless of their geographic location. This Waiver shall be governed by and construed in accordance with the laws of British Columbia, Canada, and the applicable federal laws of Canada. Subject to any mandatory legal requirements, disputes arising under this Waiver shall be brought exclusively before the courts of competent jurisdiction in British Columbia, Canada.
Nothing in this Waiver shall exclude or limit any rights, protections, or remedies that cannot lawfully be waived under applicable local or international laws.