ASSUMPTION OF THE RISK, WAIVER OF LIABILITY, AND HOLD HARMLESS AGREEMENT
This Document gives up some of your legal rights, and the ability to make certain claims. The novel Corona Virus, Covid-19, has been declared a worldwide pandemic by the World Health Organization. Covid-19 is extremely contagious and is known to spread mainly from person to person contact. As a result, all government and health agencies throughout the world have recommended or mandated social distancing to lessen the risk of contagion spread. This is a helpful measure but does not guarantee protection from the infection, which depends to a great extent on the actions not of you, but of other players and officials over whom you have no control, and whose health background and possible exposure to the virus is unknown.
While the League and the rinks we skate in have put into place various preventive measures to reduce the chance of spread of the virus, neither can guarantee you or your children or any member of your family will not become infected with Covid-19. Further, participating in League Activities as set forth herein, can INCREASE your risk and your family’s risk of contracting Covid-19, and then spreading it to others with whom you come in contact.
In consideration for receiving permission to participate in the activities (hereinafter the “Activity or Activities”) made available to members of The Atlanta Amateur Hockey League (hereinafter the “League”), including, but not limited to, observation of League Activities, I, on behalf of myself and my family for whom I have the capacity to contract, hereby acknowledge and agree to the following:
1. I understand the contagious nature and the hazards of the novel Corona virus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”), State of Georgia, and local government regulations and guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC, Federal, State of Georgia, and local guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
2. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in League Activities.
3. I acknowledge and fully assume the risk of illness, disability, or death related to COVID-19 arising from participating in the League Activities and/or my being on the premises where such takes place, and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and my family from whom I have the capacity contract) the League, the rinks in which Activities are held, their owners, officers, directors, agents, employees and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result my being on the premises and/or participating in the Activities. I understand and agree that this release includes any claims based on the action, omissions, or negligence of the League, its officers, agents, employees, and representatives, whether a Covid-19 infection occurs or is contracted before, during, or after participation in any League program or activity.
4. Further, I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness, injury, or damage associated with the virus, sustained by me during said league participation .
5. It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Georgia. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES.
6. The undersigned, on behalf of him or herself, and such participating children and family members agrees and represents and warrants that he or she will follow CDC guidelines after returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, exposure to any person returning from such area, or exposure to any person who has a suspected or confirmed case of Covid-19 The CDC Travel Health Network is continuously updating this list and the undersigned affirms that they are aware this list and the countries listed. The undersigned agrees to check the CDC Travel Hearth Notices list (https://www.cdc.gov/coronavirus/2019-ncov/travelers/index.html) prior to utilizing the League facilities or participating in its Activities, on a daily basis if necessary. The undersigned further agrees, represents, and warrants that neither the undersigned nor such participating children shall visit or utilize the facilities, services, programs, nor participate in any way in League Activities if her or she experiences symptoms of Covid-19, including, without limitation, fever, cough, or shortness of breath, or has a suspected of diagnosed/confirmed case of Covid-19. The undersigned agrees to notify the League immediately if he or she believes that any of the foregoing access/use restrictions may apply.
The undersigned further acknowledges and agrees that, due to the nature of the League Activities, social distancing of 6 feet per person is not possible and assumes the risk of both the known and the potential or unknown dangers of such participation.
BY CHECKING I HAVE READ THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability, Release, and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same. If signing for a child, I represent that I have the legal right to enter into such an agreement on behalf of said child.
In summary, by signing this Waiver, I am aware that I am giving up valuable legal rights to recover damages from the League in case of illness, injury, death, quarantine, or property loss or damage. I understand that this document is a promise not to sue and a release of and indemnification for all claims.