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”), which is owned and operated by Sourcelight Productions (the “Company”), a duly organized and existing entity under the laws of its jurisdiction.
Sourcelight Productions conducts business under the trade name “Vibrant Kidz” (the “Brand”). Any reference within this Waiver to “Vibrant Kidz,” “VK,” “we,” “us,” or “our” shall be deemed to refer to Sourcelight Productions, operating as Vibrant Kidz.
For the purposes of this Waiver, “Released Parties” shall include Sourcelight Productions, Vibrant Kidz, and each of their respective owners, directors, officers, employees, contractors, agents, representatives, affiliates, successors, and assigns.
All references to participation in the Program, including “Vibrant Kidz: Sacred Playtime,” shall be understood to mean participation in a program provided by Sourcelight Productions, regardless of the branding under which it is marketed or delivered.
By accessing, purchasing, or participating in the Program, you acknowledge and agree that you are entering into a legally binding agreement with Sourcelight Productions and that all rights, obligations, releases, and limitations of liability contained in this Waiver apply to the Company and all Released Parties.
AGREEMENT
You hereby acknowledge that Vibrant Kidz: Sacred Playtime is an online journey designed to provide general embodiment guidance where movement, singing & breathing practices are involved. You understand there are risks associated with any kind of movement, or other activities. The main risks include injury via slipping, falling or hitting an object in the space. There are also some light breathing exercises involved. Children (or any participating individuals) who have asthma, or any conditions which may affect their breathing and/or movement capabilities are advised to be supervised throughout the journey.
If a participant experiences any of the following conditions (of which most are rare to experience during this kind of activity), it is advised that they stop the embodiment journey immediately and seek help + possible medical attention. These include, but are not limited to: difficulty breathing, transient dizziness, light-headedness, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. (Obviously the last three listed would be a very rare occurrence, but legally they need to be stated nonetheless).
By agreeing to this waiver, you are accepting full responsibility for the health & safety of your child/children, and anyone else who participates (including yourself, other adults, other children, children outside of the intended age range, etc.) – and are acknowledging that their participation in this embodiment journey is by your consent, permission, and authority. You understand the possible risks; you are aware of each participant’s physical/mental health and capabilities; and you assume full responsibility to ensure their well-being. You agree to provide them with a safe environment, supervise their activities at your own discretion, and mitigate any hazards if they arise. You also understand that this program is designed for children aged 4-7 – although it may be enjoyed by older children or adults as well. If children under the age of 4 are present or participating, at the discretion of a parent/guardian, the appropriateness of their participation should be evaluated carefully, and they should be supervised accordingly.
You agree that Sourcelight Productions (doing business as Vibrant Kidz), along with its owners, directors, officers, employees, contractors, and affiliates (including but not limited to Hayley Flinn, Brandon Kennedy, and Vibrant Embodiment), are not at all responsible or liable for any participant’s health & safety, and in the unlikely occurrence of an injury, you accept full responsibility & liability.
By agreeing to this waiver you are taking responsibility for the following:
1. In consideration of participating in the Activity, I agree and acknowledge that I am fully aware that participation in the Activity involve risks, and I accept all the risks for all participants (including myself, my child/children, other adults, and other children), even if the risks are created by the carelessness, negligence or gross negligence of a Released Party, as defined below, or anyone else.
2. Claims includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, personal injury or death in connection with participation in the Activity. Released Party means Vibrant Kidz, or any of its affiliates, Licensees and their respective representatives, directors, officers, agents, employees or volunteer staff.
3. I agree and acknowledge that: a. All participants are in proper physical condition to participate in the Activity, and am aware that participation could, in some circumstances, result in physical injury, serious physical injury or death. b. I understand all participant’s physical limitations and am sufficiently self-aware to stop the embodiment journey if a participant becomes ill or injured. c. I am aware that if the Activity occurs outdoors, the streets adjourning the area of the Activity are open to regular vehicular traffic during the Activity and I will obey all traffic laws and regulations.
4. I hereby, for myself and for my heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or Claims I may have, now or in the future, against any Released Party, even if the Claims are based on the carelessness, negligence or gross negligence of a Released Party or anyone else. Without limiting the foregoing, I further release any recourses which I may now or hereafter have resulting from any decision of any Released Party.
5. I agree not to sue any Released Party for Claims, even if the Claims arise from the carelessness, negligence or gross negligence of any Released Party or anyone else. I agree to indemnify and hold harmless each Released Party from any loss or liability, including any reasonable legal fees they may incur, defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.
6. I am aware that it is advisable to consult a physician prior to participating in the Activity if any participants have serious health or physical conditions that may cause increased risk for participating in this embodiment journey. If I have consulted a physician, I have taken the physicians advice.
7. If I decide to join my child/children during the embodiment journey, I take full responsibility for my own health & wellbeing. I understand that all of the clauses outlined in this waiver apply to all participants, including: myself, my child/children, other adults, other children, and any other guardians, friends, or acquaintances that decide to participate.
8. I understand that this is an online program and that it is my responsibility to ensure a stable internet connection, functioning equipment, and an appropriate digital environment. Vibrant Kidz is not responsible for any technical failures, interruptions, or data breaches arising from third-party platforms or equipment used in connection with the program.
9. I understand that this a pre-recorded follow-along embodiment journey, which does not request any media submissions from members. Therefore, whether I record & share my child/children’s participation in the program is by my own discretion – and I will consider my child/children’s preferences before doing so. If any recordings are sent to Vibrant Kidz in the form of reviews or messages, Vibrant Kidz will not share any recordings of the participants unless granted permission by the parents/guardians for educational & promotional purposes only. Any other recordings & sharing of the activity is outside of the control of Vibrant Kidz.
10. No warranties or representations have been made to me about the Activity which are not stated on this form. I understand and intend that this document act as the broadest and most inclusive assumption of risk, waiver, release of liability, agreement not to sue and indemnity.
11. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
12. I have fully read and understand this agreement. I am aware that by signing this agreement, I am waiving certain legal rights I or my heirs, next of kin, executors, administrators and assigns may have against the Released Party.
By agreeing to this Waiver, I also understand that: All payments are non-refundable or transferrable for any reason, including, but not limited to vacation, illness and injury. I will cease the embodiment journey immediately if any pain and/or major discomfort is felt by any participant during any activity.
This Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in British Columbia, Canada, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.