GENIUS GEMS
PARTICIPATION WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT

I am the parent or legal guardian of a minor child (“my child”) who desires to participate in a class, camp, mini-camp, program, or other activity (the “Activity”) operated by:

Genius Gems, LLC, a Delaware limited liability company operating in New Jersey, including at 215 Millburn Avenue, Millburn, NJ 07041 and related program sites (including Congregation B’nai Israel); and/or

Genius Gems Chelsea, LLC, a New York limited liability company operating at 555 6th Avenue, New York, NY 10011

(each individually and collectively, “Genius Gems” or the “Company”).

As lawful consideration for my child’s participation in the Activity, I agree to the terms of this Participation Waiver, Release, and Indemnification Agreement (this “Agreement”).

1. Eligibility Representations

   I represent and warrant that:

   • my child is at least five (5) years old;
   • my child is at least entering Kindergarten (or a higher grade) in Fall 2026; and
   • my child is capable of participating safely in the Activity and following staff instructions.

   I understand that if any of these representations are inaccurate or later determined not to be true, my child may be removed from the Activity without refund or credit, in accordance with written Genius Gems policies which I have separately read, understood, and agreed to.

2. Assumption of Risk

   I understand and acknowledge that participation in the Activity involves inherent risks, including but not limited to physical injury, illness, property damage, or, in rare cases, serious injury or death.

   I acknowledge that while Genius Gems takes reasonable precautions to promote safety, not all risks can be eliminated, and injuries may occur despite reasonable care, including as a result of negligent acts or omissions or emergency response decisions.

   I voluntarily and knowingly assume all risks associated with my child’s participation in the Activity, to the fullest extent permitted by applicable law.

3. Rules of Conduct and Immediate Removal

   I acknowledge that Genius Gems maintains safety and conduct rules designed to protect campers, staff, and property.

   I acknowledge that running, climbing on furniture, hanging on structures, jumping, throwing objects, smashing items, or engaging in other unsafe or destructive behavior is not permitted.

   I understand that Genius Gems staff will generally address such behavior through reminders, redirection, and age-appropriate guidance. However, if a pattern of unsafe or disruptive behavior develops, or if a single incident is sufficiently serious, as determined in the reasonable judgment of Genius Gems staff, Genius Gems may remove my child from the Activity without refund or credit, in accordance with written Genius Gems policies.

4. Release of Parent or Guardian Claims

   To the fullest extent permitted by law, I hereby waive and release any and all claims that I personally may have against Genius Gems and its owners, officers, directors, employees, agents, members, affiliates, successors, and assigns (collectively, the “Releasees”) arising out of or related to my child’s participation in the Activity.

   This release includes claims based on negligence, except where prohibited by law.

5. Indemnification

   I agree to defend, indemnify, and hold harmless the Releasees from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to:

   • my child’s participation in the Activity;
   • any act or omission of my child;
   • any act or omission of me, as parent or guardian, in connection with the Activity;
   • any claim brought by or on behalf of my child, except to the extent such claim is finally determined by a court of competent jurisdiction to be non-waivable under applicable law; and/or
   • any claim brought by a third party arising from my child’s conduct or participation in the Activity,

   including, without limitation, claims for personal injury, property damage, or economic loss, to the fullest extent permitted by applicable law.

   This obligation includes the duty to defend the Releasees against such claims, whether or not such claims are ultimately determined to be valid, enforceable, or subject to waiver under applicable law.

6. Medical Authorization

   In the event of illness or injury, I authorize Genius Gems to obtain emergency medical treatment for my child, including transportation by ambulance or vehicle if deemed appropriate.

   I understand and agree that I am financially responsible for any medical expenses incurred.

   Additional Provisions:

   In addition to emergency care, I authorize Genius Gems to make non-emergency medical decisions for my child during Activity hours when I cannot be reached, acting reasonably and in good faith.

   I authorize Genius Gems staff to administer prescribed medications to my child in accordance with written instructions provided by me at registration, including dosage and timing requirements.

   I authorize Genius Gems staff to administer over-the-counter medications and basic first aid treatments as reasonably necessary, including but not limited to children’s acetaminophen, children’s antihistamines, topical ointments, cold packs, and bandages, in accordance with manufacturer guidelines and staff judgment.

   Medical Action Plan: If my child requires a medical, allergy, or behavioral action plan, I agree to provide the plan in writing prior to the start of the Activity and authorize Genius Gems to follow the plan in accordance with the written instructions provided.

    

   I acknowledge and agree that Genius Gems staff aren’t medical professionals, and that medical decisions are made based on reasonable judgment and available information.

   I agree to fully disclose all allergies/medical conditions at registration (including dietary restrictions, behavioral considerations, and other relevant health information) and to update Genius Gems promptly if conditions change.

   I understand and agree that failure to disclose relevant medical or behavioral information may result in removal without refund or credit if Genius Gems determines that continued participation presents a safety risk.

7. Transportation Authorization

   I authorize Genius Gems, its staff, and its agents to transport my child by vehicle, including private or staff-operated vehicles, when reasonably necessary under the circumstances, including but not limited to:

   • medical emergencies or situations requiring medical evaluation or treatment;
   • non-emergency situations when my child requires care and I cannot be promptly reached; and
   • circumstances in which weather conditions, safety concerns, or other conditions make walking unsafe or impracticable, including transportation between activity locations or affiliated program sites.

   This authorization includes transportation to and from medical facilities, alternate activity locations, or other safe locations deemed appropriate by Genius Gems staff acting in good faith and in the best interests of my child.

8. Photography, Media, and Communications

   I understand that my child may be photographed or recorded during the Activity for purposes including internal documentation, program promotion, marketing materials, and weekly newsletters distributed to families of campers.

   If I do not wish my child to appear in promotional materials, I must notify Genius Gems in writing prior to the start of the Activity. I understand that exclusion from all group or background images cannot be guaranteed.

9. COVID-19 and Communicable Illness

   I understand that participation in the Activity may expose my child to communicable illnesses, including COVID-19. Genius Gems makes reasonable efforts to reduce risk but cannot guarantee prevention.

   I voluntarily assume this risk and agree that Genius Gems shall not be liable for illness transmission, to the extent permitted by law.

10. Good-Faith Communication and Dispute Resolution

    Genius Gems is built on relationships, trust, and a strong community reputation. We care deeply about our programs and the families we serve, and we always welcome feedback and opportunities to improve.

    Families agree to communicate in good faith with Genius Gems regarding concerns or issues and to give Genius Gems a reasonable opportunity to address them directly before pursuing external action, including credit card chargebacks or public accusations or complaints.

    We expect all communication to remain respectful and constructive. Abusive, threatening, or inappropriate language or conduct—whether directed at staff or other families—is inconsistent with our community values and may result in consequences as outlined in written Genius Gems policies, including rescission of current enrollment without refund or credit.

    This provision is intended to encourage open dialogue and resolution, not to limit any legal rights.

11. Property Damage Responsibility

    I acknowledge and agree that I am financially responsible for any damage to property caused by my child, whether intentional or accidental, including damage to:

    • Genius Gems facilities, equipment, materials, or supplies; and/or
    • the property of other campers, families, staff, visitors, or third parties.

    I agree to promptly reimburse Genius Gems for the reasonable cost of repair or replacement of such damaged property upon notice.

12. Severability

    If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

13. Governing Law and Venue

    For Activities conducted in New Jersey, this Agreement shall be governed by the laws of the State of New Jersey, and any action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in New Jersey.

    For Activities conducted in New York, this Agreement shall be governed by the laws of the State of New York, and any action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in New York.

14. Entire Agreement

    This Agreement, together with all enrollment forms, medical forms, acknowledgments, and published Genius Gems policies referenced herein, constitutes the entire agreement between the parties regarding my child’s participation in the Activity and supersedes all prior or contemporaneous oral or written agreements or understandings relating to the same subject matter.

15. Acknowledgment

    By clicking “I Agree,” I acknowledge that I have read and understood this Agreement, that I am voluntarily agreeing to its terms, and that I understand I am giving up certain legal rights.