In addition the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person to person contact. As a result, federal, state and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Fundamentals First Academy has put in place preventative measures to reduce the spread of COVID-19; however, Fundamentals First Academy cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, participating in any camps/clinic could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) or I may be exposed to or infected by COVID-19 by participating and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including but not limited to, employees, agents, coaches, counselors, volunteers and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my or my child(ren)’s attendance or participation. On my behalf, and on behalf of my child(ren) I hereby release, covenant not to sue, discharge, and hold harmless Fundamentals First Academy, its employees, agents, volunteers, coaches, counselors, and representatives of and from any claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of Fundamentals First Academy, its employees, agents, coaches, counselors, volunteers and representatives, whether a COVID-19 infection occurs before, during or after participation in any camp/clinic.
Fundamentals First Academy has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set forth above. The undersigned acknowledges and agrees that Fundamentals First Academy may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies and further agree to comply with Fundamentals First Academy revised procedures prior to participating in any camps/clinics. The undersigned understands and appreciates both the known and potential dangers of participating in the camps/clinics and acknowledges that use by the undersigned and/or such participating child(ren) may, despite Fundamentals First Academy reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE CAMPS/CLINICS, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
THE UNDERSIGNED, ON HIS OR HER BEHALF AND ON BEHALF OF SUCH PARTICIPATING CHILD(REN) HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Fundamentals First Academy, its directors, officers, employees, agents, coaches, counselors, volunteers and agents from all liability to the undersigned or such participating child(ren) and all personal representatives, assigns, heirs, and next of kin of the undersigned or such participating child(ren) for any loss or damage, and any claim or demands on account of any property damage or any injury to, or an illness or death of, the undersigned or such participating child(ren) (or any person who may contract COVID-19, directly or indirectly, from the undersigned or such participating child(ren) whether caused by the negligence, active or passive, of Fundamentals First Academy.
THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS Fundamentals First Academy, its directors, officers, employees, volunteers, coaches, counselors and agents, and each of them, from any loss, liability, damages or costs they may incur, whether caused by the negligence, active or passive, or otherwise while the undersigned or any participating child is participating in camps/clinics. The undersigned understands and agrees that Fundamentals First Academy is not required to provide insurance to cover the undersigned or such participating child(ren) in the event they suffer an illness, injury, death, property loss, theft or damage of any sort upon, or about the premises or participating in any camp/clinic.
THE UNDERSIGNED further expressly agrees that the foregoing ASSUMPTION OF RISK, RELASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the state laws covering said participation and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS AGREEMENT OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 WHILE PARTICIPATING IN ANY CAMP/CLINIC AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINOR: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO Fundamentals First Academy THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).
I have read and understand the terms of this Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement and agree to its terms.