Welcome to The Black Pearl Foundation – We are very glad to know you are interested in participating in our program and achieving all of your dreams. Please carefully read this application. Make sure the information you provide is complete and accurate. If you have any questions/issues, do not hesitate to reach us at info@theblackpearlfoundation.org.

WAIVER & RELEASE

Waiver Form IMPORTANT: EACH CHILD MUST AGREE TO THIS “WAIVER AND RELEASE FORM AND RELEASE OF LIABILITY” BEFORE PARTICIPATION OR BE ENGAGED IN ANY ACTIVITIES AT THE BLACK PEARL FOUNDATION. READ VERY CAREFULLY BEFORE YOU AGREE. This is a Waiver of Liability (the “Waiver”) executed by the person named below (the “Youth”) in favor of THE BLACK PEARL FOUNDATION, a nonprofit corporation organized and existing under the laws of the State of North Carolina, USA. In return for being allowed to participate in The Black Pearl Foundation youth activities and all related activities, including any activities incidental to such participation (“Youth Activities”), the undersigned Youth or Parent/Legal Guardian of Youth if Child is under age 18 (hereafter referred to using “I”, “me”, or “my”) releases and agrees not to sue The Black Pearl Foundation or its officers, directors, employees, sub-contractors, sponsors, agents and affiliates with The Black Pearl Foundation from all present and future claims that may be made by me, my family, estate, heirs, or assigns for property damage, personal injury, or wrongful death arising as a result of my participation in the Youth Activities wherever, whenever, or however the same may occur. I hereby freely and voluntarily, without duress, execute this Waiver under the following terms: 1. Wavier of Release. I understand and agree that The Black Pearl Foundation are not responsible for any injury or property damage arising out of the Youth Activities, even if caused by their ordinary negligence or otherwise. I understand that participation in the Youth Activities involves certain risks, including, but not limited to, serious injury and death. I am voluntarily participating in the Youth Activities with knowledge of the danger involved and I agree to accept all risks of participation. I also agree to indemnify and hold harmless The Black Pearl Foundation for all claims arising out of my participation in the Youth Activities. I understand that this document is intended to be as broad and inclusive as permitted by the laws of the state in which the Youth Activities take place and agree that if any portion of this Agreement is invalid, the remainder will continue in full legal force and effect. 2. Insurance. I also acknowledge that The Black Pearl Foundation have not arranged and do not carry any insurance of any kind for my benefit or that of Volunteer (if Volunteer is under 18), my parents, guardians, trustees, heirs, executors, administrators, successors, and assigns. I represent that, to my knowledge, I am in good health and suffer no physical impairment that would or should prevent my participation in Volunteer Activities. I also understand that this document is a contract which grants certain rights to and eliminates the liability of the Foundation. 3. Medical Treatment. I release and forever discharge The Black Pearl Foundation from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during my time with The Black Pearl Foundation. I hereby give consent to The Black Pearl Foundation to provide professional medical attention, customary medical/athletic training attention, transportation and emergency medical services as warranted in the course of my child’s participation in any activity contracted under The Black Pearl Foundation. I am fully aware of and appreciate the risks, including the risk of catastrophic injury, paralysis and even death, as well as other damages and losses associated with participation in any of our programs. 4. Assumption of the Risk. I understand that my time with The Black Pearl Foundation may include activities that may be hazardous to me, including, but not limited to, responsibilities in outside activities, heavy lifting, running, and other physical activities. I further understand that there is a risk of exposure to COVID-19 with my presence and/or interaction with others at The Black Pearl Foundation. I hereby expressly and specifically assume the risk of injury, illness or harm in these activities and release The Black Pearl Foundation from all liability for injury, illness, death, or property damage resulting from the activities of my time with The Black Pearl Foundation. 5. I agree to follow any federal, state, local or The Black Pearl Foundation safety requirements and recommendations regarding COVID-19 while I am on the premises of The Black Pearl Foundation. 6. Other. I expressly agree that this Waiver is intended to be as broad and inclusive as permitted by the laws of the State of North Carolina, and that this Waiver shall be governed by and interpreted in accordance with the laws of the State of North Carolina. I agree that in the event that any clause or provision of this Waiver shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable. I also understand that this document is a contract which grants certain rights to and eliminates the liability of The Black Pearl Foundation.