Legacy Haven Academy Waivers for Youth Activities Policy

Introduction

This policy outlines the requirements and procedures for obtaining waivers, consents, and releases for youth participating in activities offered by the Legacy Haven Academy Foundation (the "Academy"). The Academy provides educational, mentorship, outdoor adventure, and developmental programs for youth ages 10-18, particularly those who are orphans or homeless, to foster lifelong learning, resilience, and community impact (Legacy Haven Academy, n.d.). As the Academy has not yet obtained 501(c)(3) status under the Internal Revenue Code, this policy ensures compliance with applicable federal, state, and local regulations to support its charitable mission while mitigating risks. Waivers and releases are essential tools for non-profit organizations to manage liability in youth activities, though they must be drafted carefully to align with Arizona law, which scrutinizes such agreements for minors (Torgenson Law, 2019; Hirsch & Lyon Accident Law, n.d.).

This policy complies with Arizona Revised Statutes (ARS) Title 10 for non-profit corporations, which provides liability protections for organizations and their agents when acting in good faith (Arizona Revised Statutes, n.d.a). It also adheres to IRS guidelines for organizations seeking tax-exempt status, emphasizing risk management without compromising exempt purposes (Internal Revenue Service, 2024a; Internal Revenue Service, 2024b). For Mohave County, where the Academy operates, the policy incorporates general requirements for youth programs, such as supervision of minors and compliance with child welfare standards, though no specific county ordinances mandate unique waiver provisions (Mohave County, n.d.a; Mohave County, n.d.b).

Purpose

The purpose of this policy is to:

• Obtain informed consent from parents, legal guardians, or authorized representatives (including Arizona Department of Child Safety [DCS] caseworkers for foster youth) for participation in Academy activities.
• Release the Academy from liability for inherent risks associated with youth programs, such as outdoor adventures and hands-on learning, while ensuring enforceability under Arizona law.
• Protect the well-being of participants by requiring medical authorizations and emergency procedures.
• Facilitate compliance with state child safety regulations, particularly for vulnerable youth populations.

This aligns with best practices for non-profits engaging in youth activities, where waivers help limit exposure to negligence claims but cannot absolve gross negligence or intentional acts (Nonprofit Risk Management Center, n.d.a; Church, Harris, Davis & Brown, P.A., 2024).

Scope

This policy applies to all youth participants (ages 10-18) in Academy programs, including but not limited to academic sessions, mentorship, outdoor challenges, team activities, and community service. It covers all staff, volunteers, and contractors involved in facilitating these activities. For youth under DCS supervision, additional consents are required to ensure alignment with foster care guidelines (Arizona Department of Child Safety, n.d.a; Arizona Department of Child Safety, n.d.b).

Procedures

1. Consent for Participation

Prior to any youth's involvement in Academy activities, written consent must be obtained from the participant's parent, legal guardian, or DCS-authorized representative. This consent acknowledges the nature of the activities, potential risks (e.g., physical exertion in outdoor programs), and permission for participation.

• Standard Consent: Parents or guardians must sign a form detailing the program's curriculum, including STEAM projects, agriculture, fitness, and leadership training (Legacy Haven Academy, n.d.).
• DCS-Specific Waiver for Consent: For foster youth, consent must be obtained from the DCS caseworker or court-appointed guardian, as foster parents may authorize routine activities but require DCS approval for those involving potential risks or overnight stays (Arizona Department of Child Safety, n.d.b; Arizona Department of Child Safety, n.d.c). The Academy will use DCS Form CSO-1169A or equivalent to document confidentiality and authorization, ensuring no release of protected information without DCS permission (Arizona Department of Child Safety, n.d.d).
• Documentation: All consents must be retained for at least seven years, in compliance with ARS record-keeping requirements for non-profits (Arizona Revised Statutes, n.d.b).

This process ensures compliance with Arizona Administrative Code Title 21, Chapter 6, which allows foster caregivers limited authority for permissions but mandates DCS oversight for non-routine activities (Arizona Administrative Code, 2015).

2. Liability Release

Participants' guardians must sign a liability release waiving claims against the Academy for injuries arising from ordinary negligence during inherent program risks. Under Arizona law, such releases are enforceable if clearly worded, voluntarily signed, and not contrary to public policy (Hirsch & Lyon Accident Law, n.d.; Torgenson Law, 2019). However, releases do not cover gross negligence, recklessness, or intentional misconduct (Church, Harris, Davis & Brown, P.A., 2024; Best Lawyers, 2024).

• Key Provisions in Release Form:
  • Acknowledgment of risks (e.g., falls during outdoor activities, equipment use in STEAM projects).
  • Waiver of claims by the guardian on their own behalf and, to the extent permitted by law, on behalf of the minor (noting Arizona courts may limit enforceability for the minor's claims) (Ocrant, n.d.; Sportwaiver, 2022).
  • Indemnification clause requiring guardians to cover costs if they pursue claims.
  • Compliance with Mohave County supervision standards for minors, such as constant adult oversight for those under 8 (though Academy programs target older youth) (Mohave Community College, n.d.).

Sample language (adapted from non-profit best practices): "I hereby release, waive, and discharge the Academy from all liability for any loss, damage, or injury arising from participation in activities, except for gross negligence" (Nonprofit Risk Management Center, n.d.b; University of Arizona Youth Impact Program, n.d.).

For IRS compliance, this release supports the Academy's operational integrity as a non-profit, ensuring activities remain focused on exempt educational purposes without undue financial risk (Internal Revenue Service, 2024b; Club Capital, 2024).

3. Medical Authorization and Release

Guardians must provide medical history, authorize emergency treatment, and release the Academy from liability for medical decisions made in good faith.

• Requirements: Include allergies, medications, and insurance details. Authorize Academy staff to seek medical care if guardians are unreachable.
• DCS Integration: For foster youth, align with AHCCCS guidelines allowing foster caregivers to consent for routine services, but obtain DCS approval for potential injury-prone activities (Arizona Health Care Cost Containment System, n.d.).

This complies with Arizona immunization and health standards for child care programs, extended to youth activities (Arizona Department of Health Services, n.d.).

4. Additional Releases (Optional)

• Photo/Video Release: Guardians may consent to use of participant's images for promotional purposes on legacyhavenacademy.org, with opt-out options to respect privacy (especially for DCS youth) (Arizona Department of Child Safety, n.d.d).
• Transportation Release: If activities involve travel, waive liability for vehicle-related incidents.

5. Enforcement and Review

• Training: Staff and volunteers must be trained on policy implementation, with liability protections under ARS § 10-3833 for directors (Arizona Revised Statutes, n.d.c).
• Review: Annually review for compliance with evolving regulations, including IRS updates for tax-exempt applications (Internal Revenue Service, 2024a).
• Non-Compliance: Failure to obtain required waivers may result in activity cancellation.