Minor Unattended Onsite Release Waiver

Parental/Guardian Authorization, Assumption of Risk, Release of All Claims & Indemnification Agreement

Organization: FundedYouth Academy Type: 501(c)(3) Nonprofit STEAM Educational Organization EIN: 93-4090260 Effective Date: Upon signing Governing Law: State of California Agreement Gate Key: minor_unattended_waiver

IMPORTANT LEGAL NOTICE — READ BEFORE SIGNING

This document contains a RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT. By signing this document, you are giving up certain legal rights, including the right to sue FundedYouth Academy, its officers, directors, staff, volunteers, instructors, members, and agents for claims arising from your child’s participation at FundedYouth’s facility while you are not present.

Do not sign this document if you do not fully understand it or do not agree with its terms. If you have questions, ask a FundedYouth staff member or consult an attorney before signing.

This document is governed by the laws of the State of California. You are encouraged to seek independent legal advice.

SECTION 1 — WHAT THIS DOCUMENT IS AND WHY IT EXISTS

1.1 Purpose

FundedYouth Academy (“FundedYouth,” “we,” “us,” “our”) operates a public makerspace and STEAM educational facility located at 415 Parkway Plaza, El Cajon, CA 92020.

From time to time, parents and legal guardians (“Parent/Guardian”) choose — entirely of their own free will and by their own voluntary decision — to drop off a minor child (“Minor” or “your child”) at the FundedYouth facility and leave the premises without remaining onsite for the duration of the Minor’s visit.

This document exists solely to formally record and memorialize the Parent/Guardian’s knowing, informed, and completely voluntary choice to leave their Minor child at the FundedYouth facility without supervision by the Parent/Guardian, and to document the legally binding agreements, releases, waivers, and authorizations that accompany that choice.

1.2 FundedYouth Is NOT a Childcare Facility

THIS IS NOT A CHILDCARE CENTER. THIS IS NOT A DAYCARE. THIS IS NOT A SUPERVISED AFTER-SCHOOL PROGRAM. THIS IS NOT A LICENSED CHILD SUPERVISION FACILITY OF ANY KIND.

FundedYouth Academy is a public, open-access makerspace and nonprofit educational organization. It is not licensed, certified, registered, or regulated as a childcare facility, daycare center, family daycare home, or child supervision service under the California Health and Safety Code, Division 2, Chapter 3.4 (§ 1596.70 et seq.), or any other applicable state or local licensing authority.

FundedYouth staff, instructors, and volunteers are not licensed childcare workers, professional supervisors of minors, or childcare providers under California law. They are educators, makers, and volunteers. While they are caring individuals who prioritize safety, their role is to teach and facilitate — not to provide the level of individualized supervision required of a licensed childcare professional.

By signing this document, you expressly acknowledge and agree that:

You have been clearly and unambiguously informed that FundedYouth is NOT a childcare or child supervision facility.
You understand the nature of the environment your child is entering.
You are making a fully informed and completely voluntary decision to leave your child at this facility without childcare-level supervision.
FundedYouth has NOT solicited, encouraged, or required you to leave your child unattended. This is entirely your choice.

1.3 Nature of the FundedYouth Environment

FundedYouth is a working makerspace. This means the environment may include, at any time:

Power tools, hand tools, and shop equipment (saws, drills, soldering irons, laser cutters, 3D printers, heat tools, and similar)
Electrical equipment and exposed wiring projects in progress
Sharp edges, hot surfaces, and pinch points
Chemicals, adhesives, solvents, paints, and finishing materials
Elevated platforms, ladders, and scaffolding
Heavy materials and objects
Electronic components and lithium batteries
Other members of the public of all ages, backgrounds, and ability levels who are not affiliated with your family
Autonomous operation of various machines and devices
Loud noise, bright lights, and sensory stimulation
Visitors, guests, and members who are unknown to FundedYouth staff

This is a shared public workspace. Children are expected to follow all posted safety rules, instructor directions, and facility policies at all times. The Parent/Guardian who leaves their child at FundedYouth is solely responsible for ensuring the Minor is prepared, emotionally mature enough, and physically capable of following all safety instructions and behaving appropriately in this environment.

SECTION 2 — ELIGIBILITY AND CONDITIONS

2.1 This Waiver Applies To

This waiver applies to any visit by a Minor (under the age of 18) to the FundedYouth Academy facility during which the Parent/Guardian is NOT present on the premises for all or part of the visit.

2.2 Minimum Age and Conditions for Unattended Visits

FundedYouth, at its sole discretion, may refuse to allow any Minor to remain at the facility unattended regardless of whether this waiver has been signed. Refusal is not a guarantee of childcare-level supervision.

Minors age 13 or older may be permitted to remain onsite without a Parent/Guardian present, subject to completion of this waiver and FundedYouth’s approval.
Minors under age 13 are subject to heightened scrutiny. FundedYouth strongly discourages unattended visits for children under 13. If FundedYouth agrees to allow an unattended visit for a Minor under 13, this waiver must be signed AND FundedYouth must expressly authorize the visit in writing.
Regardless of age, FundedYouth retains the right to contact the Parent/Guardian at any time and require them to return to pick up the Minor.

2.3 Parent/Guardian Contact Requirement

The Parent/Guardian must provide, at the time of drop-off:

Full legal name and relationship to the Minor
A working phone number where they can be reached immediately for the entire duration of the Minor’s unattended visit
An emergency contact (separate from the primary Parent/Guardian) with name and phone number
Estimated time of return or pickup time

The Parent/Guardian must remain immediately reachable by phone for the entire duration of the visit. If FundedYouth cannot reach the Parent/Guardian within 15 minutes of attempting contact for any reason — including but not limited to a behavioral issue, injury, medical concern, or emergency — FundedYouth reserves the right to contact emergency services (911) and/or the Parent/Guardian’s designated emergency contact.

SECTION 3 — ASSUMPTION OF RISK

3.1 Knowing and Voluntary Assumption of All Risks

The Parent/Guardian, having read and understood Section 1 of this Agreement regarding the nature of the FundedYouth makerspace environment, hereby voluntarily and knowingly assumes all risks — known and unknown, foreseeable and unforeseeable — associated with the Minor’s presence at and participation in activities at FundedYouth’s facility.

These risks include but are not limited to:

Physical injury from tools, equipment, materials, machinery, and the general makerspace environment
Burns, cuts, abrasions, contusions, puncture wounds, and other physical injuries from working with or being in proximity to tools and equipment
Electric shock or injury from electrical equipment
Allergic reactions to materials, chemicals, or substances present in the makerspace
Injury caused by the actions of other members of the public using the facility
Slips, trips, and falls
Eye injury and hearing damage
Emotional distress, anxiety, or psychological discomfort
Any other injury, harm, or damage, whether physical or emotional

3.2 Acknowledgment That Risk Cannot Be Eliminated

The Parent/Guardian acknowledges that FundedYouth cannot and does not guarantee the safety of any Minor visiting the facility. The risks described in Section 3.1 are inherent to the makerspace environment and cannot be completely eliminated even with the most diligent safety practices.

3.3 Fitness and Preparedness

The Parent/Guardian represents and warrants that:

The Minor is in suitable physical and mental health to participate in activities at FundedYouth.
The Parent/Guardian has personally assessed the FundedYouth facility, its environment, and its risks, and has determined it is appropriate for the Minor.
The Minor has been instructed by the Parent/Guardian to follow all safety rules, staff directions, and facility policies.
The Minor understands that they are in a makerspace, not a childcare or recreational facility.

SECTION 4 — RELEASE OF LIABILITY AND WAIVER OF ALL CLAIMS

4.1 Full and Complete Release

In consideration of FundedYouth Academy permitting the Minor to remain at its facility during periods when the Parent/Guardian is not present, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parent/Guardian, on behalf of themselves, the Minor, and all heirs, executors, administrators, assigns, and legal representatives, hereby FULLY, FINALLY, AND FOREVER RELEASES, DISCHARGES, AND COVENANTS NOT TO SUE:

FundedYouth Academy, a 501(c)(3) nonprofit organization (EIN: 93-4090260), and each and every one of the following:

Its current and former officers, directors, and board members
Its current and former employees and paid staff
Its current and former volunteers and community members
Its current and former instructors, mentors, and tutors
Its current and former contractors and independent service providers
Its insurers and legal representatives
Any owner, lessor, or operator of the physical premises at which FundedYouth operates
All agents, successors, and assigns of the above

(collectively, “Released Parties”)

from ANY AND ALL claims, demands, actions, causes of action, suits, damages, losses, costs, expenses, and liabilities of any kind or nature — whether known or unknown, foreseen or unforeseen, presently existing or arising in the future — arising out of or related in any way to the Minor’s presence at, participation in activities at, or departure from the FundedYouth facility during any visit in which the Parent/Guardian is not present on the premises.

This release includes but is not limited to claims arising from:

Negligence of any of the Released Parties (including ordinary negligence)
Failure to supervise, monitor, or watch over the Minor
Failure to prevent injury or harm to the Minor
Failure to maintain safe premises, equipment, or conditions
Actions or omissions of other visitors, members, or members of the public at the facility
Any breach of any duty of care toward the Minor

4.2 California Civil Code § 1542 Waiver

THIS IS A TOTAL RELEASE. THE PARENT/GUARDIAN EXPRESSLY WAIVES ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542.

California Civil Code § 1542 provides:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

The Parent/Guardian, being fully aware of this statute, expressly, knowingly, and voluntarily waives all rights and benefits which they may now have, or in the future may have, under California Civil Code § 1542, and any similar statute or principle of law. The Parent/Guardian acknowledges that this waiver is knowing and intentional.

This means the release in Section 4.1 applies to all claims — including claims that are currently unknown, unsuspected, or not yet in existence — arising from the Minor’s visit to FundedYouth.

4.3 Scope of Release

The Parent/Guardian understands and agrees that:

This release is intended to be as broad and inclusive as permitted by California law.
If any portion of this release is found to be unenforceable, the remaining portions shall remain in full force and effect.
This release does not apply to claims arising from gross negligence, willful misconduct, or intentional acts by any Released Party, as such claims may not be waived under California law.

SECTION 5 — INDEMNIFICATION

5.1 Duty to Indemnify and Defend

The Parent/Guardian agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, damages, losses, costs, and expenses (including reasonable attorneys’ fees) brought by:

The Minor
Any other person or entity
Any government or regulatory body

arising out of or related to:

The Minor’s presence at or participation in activities at FundedYouth during any unattended visit
The Parent/Guardian’s decision to leave the Minor unattended at FundedYouth
Any act, omission, or conduct of the Minor during any unattended visit
Any breach of the representations, warranties, or agreements made in this document by the Parent/Guardian

5.2 Scope of Indemnification

This indemnification obligation includes any claims brought by the Minor themselves, whether brought during the Minor’s minority or after the Minor reaches the age of majority. The Parent/Guardian acknowledges that under California law, a minor’s right to bring their own claims may not be fully extinguished by a parental waiver, and the Parent/Guardian therefore agrees to indemnify FundedYouth against any such claims.

SECTION 6 — EMERGENCY MEDICAL AUTHORIZATION

6.1 Authorization for Emergency Medical Treatment

In the event that the Minor sustains an injury or illness during an unattended visit and the Parent/Guardian cannot be reached immediately, the Parent/Guardian hereby authorizes FundedYouth staff to:

Call 911 and request emergency medical services
Administer basic first aid as trained FundedYouth staff are able to provide
Accompany the Minor if transported to a medical facility
Provide medical personnel with the information contained in this document and any information provided by the Minor

6.2 Parent/Guardian Financial Responsibility

The Parent/Guardian acknowledges and agrees that they are solely financially responsible for all medical costs, emergency services costs, and related expenses arising from any injury or illness sustained by the Minor during an unattended visit. FundedYouth bears no financial responsibility for such costs.

6.3 Medical Information Disclosure

The Parent/Guardian must disclose, at the time of signing this document, any and all known medical conditions, allergies, medications, physical limitations, or other health information relevant to the Minor’s safe participation at FundedYouth. Failure to disclose relevant medical information is at the sole risk of the Parent/Guardian.

SECTION 7 — ACKNOWLEDGMENT OF SUPERVISION LIMITATIONS

7.1 No Guarantee of Supervision

The Parent/Guardian expressly acknowledges and agrees that:

FundedYouth makes no representation, warranty, or promise that Minor will be supervised, monitored, or watched at any particular level or in any particular way during an unattended visit.
FundedYouth staff are not hired, trained, or deployed as childcare workers. Their attention is directed toward teaching, facilitating, and managing the facility, not providing individualized supervision of any Minor.
At any given time, FundedYouth staff may be occupied with instruction, equipment maintenance, other members, administrative duties, or other responsibilities, and may not be in the same area as the Minor.
Other members of the public — including adults unknown to FundedYouth — may be present in the same spaces as the Minor during the visit.
The Minor will be expected to exercise age-appropriate personal responsibility for their own safety and conduct.

7.2 Staff Are Not Legally Responsible as Supervisors

FundedYouth staff do not accept, and shall not be deemed to have accepted, the legal role of supervisor, guardian, or caretaker of any Minor during an unattended visit. The Parent/Guardian retains full legal responsibility for the Minor at all times.

7.3 Right to Remove Minor

FundedYouth reserves the right, at any time and for any reason, to:

Contact the Parent/Guardian and request immediate pickup of the Minor
Remove the Minor from any area of the facility
Refuse to allow the Minor to remain unattended on the premises
Call emergency services if the Minor’s safety or the safety of others is at risk

SECTION 8 — CONDUCT OF THE MINOR

8.1 Behavioral Standards

The Parent/Guardian agrees that the Minor will, at all times while at the FundedYouth facility:

Follow all posted safety rules and facility policies
Follow all directions from FundedYouth staff, instructors, and volunteers immediately and without argument
Refrain from using any equipment, tool, or material without authorization from a FundedYouth staff member
Respect all other members, visitors, and staff
Remain within authorized areas of the facility
Not leave the facility without notifying a FundedYouth staff member

8.2 Parent/Guardian Liability for Minor’s Conduct

The Parent/Guardian is fully and solely responsible for any damage to FundedYouth property, equipment, or materials caused by the Minor during an unattended visit. The Parent/Guardian agrees to pay the full cost of repair or replacement of any property damaged, destroyed, or stolen by the Minor.

8.3 Removal for Conduct

FundedYouth reserves the right to remove any Minor from the facility at any time, for any reason, including behavioral issues. In such circumstances, the Parent/Guardian will be contacted and required to return immediately to pick up the Minor.

SECTION 9 — CALIFORNIA LAW AND ENFORCEMENT

9.1 Governing Law

This Agreement is governed by and shall be construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

9.2 Venue and Jurisdiction

Any dispute arising from this Agreement or the Minor’s visit to FundedYouth shall be resolved exclusively in the courts of San Diego County, California. The parties consent to personal jurisdiction in those courts.

9.3 Severability

If any provision of this Agreement is found to be invalid, unenforceable, or contrary to California law, that provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

9.4 Entire Agreement

This Agreement, together with any information provided on the signature page below, constitutes the entire agreement between the parties regarding the subject matter herein. It supersedes all prior discussions, representations, or agreements.

9.5 Attorneys’ Fees

In the event of any dispute, claim, or litigation arising from this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs from the non-prevailing party.

SECTION 10 — MEDIA AUTHORIZATION (OPTIONAL)

By initialing this section, the Parent/Guardian optionally authorizes FundedYouth Academy to photograph or video the Minor during their visit for use in FundedYouth’s nonprofit educational and promotional materials, website, and social media channels. The Minor will not be identified by full name without separate written consent.

Parent/Guardian Initials: _______ (Initial to authorize) OR _______ (Initial to DECLINE)

SECTION 11 — ACKNOWLEDGMENTS AND SIGNATURE

Before signing, the Parent/Guardian affirms each of the following by placing their initials in the blank provided:

ABOUT THE FACILITY AND RISK:

______ I have personally visited, assessed, and understood the FundedYouth makerspace environment and determined it is appropriate for my child.

______ I understand that FundedYouth Academy is a public makerspace, NOT a daycare, childcare center, or licensed child supervision facility under California Health and Safety Code § 1596.70 et seq.

______ I understand that FundedYouth staff are NOT licensed childcare workers and do not provide childcare-level supervision.

______ I understand that the FundedYouth makerspace contains tools, machinery, chemicals, and other hazards that could cause serious injury to my child.

______ I understand that other members of the public — including adults unknown to me and my child — will be present in the same spaces as my child during this visit.

______ I have fully assumed all risks associated with my child’s presence at FundedYouth during this unattended visit, as described in Section 3 of this Agreement.

ABOUT MY VOLUNTARY DECISION:

______ I am voluntarily choosing, of my own free will, to leave my child at FundedYouth without remaining on the premises. No one at FundedYouth solicited, encouraged, or required me to do so.

______ I understand I could have chosen to remain onsite with my child, and I have voluntarily chosen not to.

______ I am making this decision because it is my own personal choice, and I accept full personal responsibility for that choice.

ABOUT THE LEGAL RELEASE:

______ I have read the full Release of Liability and Waiver of All Claims in Section 4 of this Agreement.

______ I understand that I am giving up my right and my child’s right to sue FundedYouth Academy and all Released Parties for any claims arising from this visit.

______ I understand the California Civil Code § 1542 waiver and knowingly and voluntarily waive all rights thereunder.

______ I understand that I am agreeing to indemnify and defend FundedYouth against any claims brought in connection with my child’s visit, including claims potentially brought by my child after reaching adulthood.

ABOUT MY CHILD AND MY CONTACT INFORMATION:

______ I have provided accurate and complete contact information including a phone number where I can be reached immediately for the entire duration of this visit.

______ I have disclosed all relevant medical conditions, allergies, medications, and physical limitations of my child on the signature page below.

______ I agree that if FundedYouth contacts me and requests I return to pick up my child, I will return immediately.

______ I understand that if I cannot be reached within 15 minutes in an emergency, FundedYouth will contact emergency services and/or my designated emergency contact.

FINAL ACKNOWLEDGMENT:

______ I HAVE READ THIS ENTIRE AGREEMENT. I UNDERSTAND EVERY SECTION. I AM NOT SIGNING UNDER DURESS. I AM MAKING A FULLY INFORMED AND COMPLETELY VOLUNTARY DECISION. I UNDERSTAND THIS IS A LEGALLY BINDING DOCUMENT.

SIGNATURE PAGE

MINOR INFORMATION

Field	Information
Minor’s Full Legal Name
Minor’s Date of Birth
Minor’s Age at Time of Visit
Date of This Visit
Estimated Drop-Off Time
Estimated Pickup Time

PARENT/GUARDIAN INFORMATION

Field	Information
Parent/Guardian Full Legal Name
Relationship to Minor
Phone (must be reachable entire visit)
Email Address
Address

EMERGENCY CONTACT (Different from above)

Field	Information
Emergency Contact Full Name
Relationship to Minor
Emergency Contact Phone

MINOR’S MEDICAL INFORMATION (Leave blank only if no relevant conditions exist)

Field	Information
Known Allergies
Current Medications
Medical Conditions
Physical Limitations
Doctor’s Name & Phone
Insurance Provider & ID

PARENT/GUARDIAN SIGNATURE

By signing below, I confirm that I have read this entire Agreement, I understand and agree to all of its terms, I have initialed each acknowledgment above, and I am signing this document freely, voluntarily, and without duress.

_______________________________________________ _______________ Parent/Guardian Signature Date

Print Name: _____________________________________________

FUNDEDYOUTH STAFF ACKNOWLEDGMENT

By signing below, a FundedYouth staff member confirms that this form was reviewed with the Parent/Guardian, all sections were explained, the Parent/Guardian appeared to understand the document, and the Parent/Guardian signed voluntarily.

_______________________________________________ _______________ FundedYouth Staff Member Signature Date

Print Name: _____________________________________________ Staff Role: _____________

ATTORNEY REVIEW NOTICE

FundedYouth Academy strongly recommends that all legal agreements, including this waiver, be reviewed periodically by a California-licensed attorney specializing in nonprofit law, personal injury liability, and minor liability waivers. California law governing the enforceability of parental liability waivers for minors is subject to ongoing judicial interpretation. The enforceability of this waiver against the Minor’s own future claims is not guaranteed under current California case law (see City of Santa Barbara v. Superior Court, 41 Cal.4th 747 (2007)). This document is nonetheless a critical part of FundedYouth’s risk management and establishes the voluntary, fully-informed nature of each unattended visit.

This agreement is signed and maintained as a physical record at the FundedYouth Academy facility. A copy will be provided to the Parent/Guardian upon request.

FundedYouth Academy 501(c)(3) STEAM Educational Organization EIN: 93-4090260 415 Parkway Plaza, El Cajon, CA 92020 | fundedyouth.org | +1 (619) 728-5002