THIS AGREEMENT MUST BE CAREFULLY READ AND SIGNED AS A CONDITION TO AND IN CONSIDERATION OF my ability to participate, provide services for, conduct, prepare for or participate in any activities leading up to or related to, or otherwise attend or be present at Carroll County Parks and Recreation events (the “Events”)(and collectively, the “Activities”). I UNDERSTAND THAT I AM NOT OBLIGATED TO PARTICIPATE IN EVENTS OR ACTIVITIES. I ALSO UNDERSTAND THAT BY SIGNING THIS AGREEMENT AND PARTICIPATING IN EVENTS /ACTIVITIES THAT I AM AGREEING TO WAIVE CERTAIN RIGHTS.
AFTER HAVING FULLY READ THIS AGREEMENT, I, on behalf of myself, my personal representative, heirs, and next of kin hereby:
EXPRESS ASSUMPTION OF RISK: I hereby acknowledge and understand that the World Health Organization has declared COVID-19 a worldwide pandemic. COVID-19 is extremely contagious. Based on currently available information and clinical expertise, older adults and people of any age who have certain underlying medical conditions have a higher risk for severe illness from COVID-19. There have been preventative measures put in place to reduce the spread of COVID-19; however, RELEASEES (defined below) CANNOT GUARANTEE that I will not become exposed to or infected with COVID-19, despite reasonable efforts to mitigate such dangers. Furthermore, if I become infected with COVID-19, I may expose others to the risk of infection. Activities could increase my and other’s risk of contracting COVID-19. By signing this Agreement, I acknowledge the extremely contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected with COVID-19 from the Activities, and that such exposure or infection may involve the RISK OF COVID-19, SERIOUS INJURY, ILLNESS, PERMANENT DISABILITY AND/OR DEATH TO MYSELF OR OTHERS. I understand that the risk of becoming exposed to or infected with COVID-19 by my participation in the Activities may result from the actions, omissions, or negligence of others and/or me, including, but not limited to, the RELEASEES (as defined below). I EXPRESSLY AGREE, COVENANT, AND PROMISE TO ACCEPT AND ASSUME ALL RESPONSIBILITY AND RISKS FOR INJURY, DEATH, ILLNESS, OR DISEASE, OR DAMAGE TO MYSELF, TO OTHERS OR TO PERSONAL PROPERTY OF MINE OR OTHERS ARISING FROM MY PARTICIPATION IN THE ACTIVITIES OR EVENT or my presence at a Carroll County Parks and Recreation Activity or Event. I hereby expressly assume all such risks and dangers whether presently known or unknown.
WAIVER AND RELEASE: I hereby RELEASE, WAIVE, AND FOREVER DISCHARGE, Carroll County Parks and Recreation and the Carroll County Commission, and, with respect to all of the foregoing entities, each of their Boards, Board members, employees, independent contractors, insurers, agents, and all other persons or entities participating or involved in the Events (hereinafter collectively, the “RELEASEES”), from any and all actions, causes of action, claims, suits, losses, costs, expenses, damages, covenants, agreements, commitments, undertakings, promises, liabilities, obligations, lawsuits, judgments, orders and demands whatsoever, in law, at equity or otherwise, of whatever kind or nature, whether known or unknown, suspected or unsuspected, asserted, accrued, unaccrued, actual, contingent, or otherwise, direct or indirect and whether or not concealed or hidden arising out of, on account of or relating to any ILLNESS, INJURY OR DEATH of myself or others arising out of or related to any of the Activities (hereinafter, the “RELEASED CLAIMS”). I covenant that I shall not directly or indirectly, bring, commence, institute, maintain, prosecute, aid or fund in any way any action of any kind or otherwise assert against any of the RELEASEES anywhere in the world any Released Claim.
INDEMNITY AND HOLD HARMLESS: I hereby agree to DEFEND, INDEMNIFY AND HOLD HARMLESS, to the fullest extent permitted by law, the RELEASEES from losses, liabilities, obligations, claims, damages, settlements, injunctions, suits, actions, proceedings, demands, charges, fines, penalties, costs and expenses of every kind and nature, including reasonable fees, expenses and disbursements of attorneys, accountants and other professionals imposed upon, asserted against or incurred by any RELEASEE in connection with, arising out of or relating to (i) any Released Claim, (ii) my Activities, or (iii) transmitting or exposing COVID-19 to others; and in each of (i), (ii) and (iii), whether caused by the ordinary negligence of the RELEASEES or otherwise and including and/or arising out of my improper and/or tortious conduct in connection therewith.
By participating in the Activities I agree that if I am injured for any reason, I shall be solely responsible for my injuries, medical expenses or any other losses of any kind whatsoever. I hereby give my permission for RELEASEES to seek appropriate medical attention for me should I be unable to authorize it myself. Also, I understand that any injury incurred and the resulting medical expense from that injury will be my responsibility and RELESEES will not be responsible for any related expenses.
INFORMED CONSENT AND VOLUNTARY PARTICIPATION: I fully acknowledge and understand that COVID-19 is extremely contagious. I have taken it upon myself to be fully informed of the numerous risks and potential dangers associated with COVID-19, including SUFFERING SEVERE ILLNESS, PERSONAL INJURY OR DEATH AND EXPOSING OTHERS TO COVID-19. I acknowledge that I have been informed that my PERSONAL SAFETY CANNOT BE GUARANTEED. I acknowledge that my participation in the Activities is completely voluntary, and I believe that the potential benefits of participation and/or services provided outweigh the risk and danger associated with COVID-19 or otherwise.
I acknowledge that it is my responsibility to do all of the following: (1) exercise caution and follow any CDC or OSHA issued protocols to protect my health; (2) cease any activity and promptly report any physical discomfort, illness or complications while participating in any Activity; and (3) clear my participation in any Activity with my personal physician. I also agree, represent and warrant that I will not participate in any Activity if I (or any member of my household) (i) experiences symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or (ii) have/has a suspected or diagnosed/confirmed case of COVID-19.
I acknowledge that THIS AGREEMENT IS INTENDED TO BE FULLY SEVERABLE, and that if any portion of this Agreement is held invalid, it is agreed that the balance the Agreement shall continue in full legal force and effect. That shall include modifying the Agreement to allow the remainder of claims to be waived, released, and indemnified against in the event that the inclusion of any particular type of claim is found to be invalid or contrary to public policy.
I hereby accept all terms set forth herein and acknowledges this is the complete agreement between the parties regarding these issues, and I agree and acknowledge that NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS HAVE BEEN MADE APART FROM THIS AGREEMENT. I HAVE COMPLETELY READ THIS ENTIRE AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT THIS IS AN IMPORTANT LEGAL DOCUMENT AFFECTING SUBSTANTIAL LEGAL RIGHTS. I SIGN THIS DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I was given ample opportunity to read the Agreement and/or have it reviewed by legal counsel of my choice. I was also offered a copy of this Agreement. This Agreement shall be governed by the laws of Virginia except with respect to its conflict of laws principles. This Agreement is in addition to, and not a substitution for any other waiver, release, assumption of risk, or similar agreement executed by me which covers the Event or Activities.