Contagious Disease Liability Waiver

WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT REGARDING CONTAGIOUS DISEASE

In consideration for receiving permission to participate in recreation programs sponsored by Powell Recreation District (hereinafter the “Activity or Activities”), while using premises owned or operated by Powell Recreation District, City of Powell, Park County School District No 1, Wyoming National Guard, Northwest College, Powell Valley Healthcare, Powell Valley Healthcare, Children’s Resource Center, Powell MakerSpace, Park County Fair, Powell Golf Club, Powell Indoor Training, (hereinafter, “Releasees”) I, on behalf of myself and any minor child/children for whom I have the legal authority and capacity to contract, hereby acknowledge and agree to the following:

  1. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) 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 guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates. 1Participation in the Activities includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, in addition to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist and it is possible to easily contract and spread the disease to others.

  2. I AM AWARE OF THE COVID-19 PANDEMIC AND RELATED GOVERNMENTAL ORDERS, DIRECTIVES AND GUIDELINES (COLLECTIVELY “DIRECTIVES”), INCLUDING DIRECTIVES FOR FREQUENT HAND WASHING, SOCIAL DISTANCING AND USE OF FACE MASKS IN PUBLIC LOCATIONS. I AM AWARE THAT THESE ACTIVITIES ARE OCCURRING IN A PUBLIC LOCATION DURING THE COVID-19 PANDEMIC, AND ALSO POTENTIALLY INVOLVE CLOSE CONTACT WITH COACHES, VOLUNTEERS, AND OTHER PARTICIPANTS, AND ARE THEREFORE HAZARDOUS ACTIVITIES. I AM AWARE THAT, MYSELF OR OTHERS, INCLUDING MY CHILDREN, COULD BE INFECTED, SERIOUSLY INJURED, OR EVEN DIE DUE TO COVID-19 OR DUE TO THE ACTIVITIESI AM OR MY CHILDREN ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN.

  1. Symptoms of Covid-19 include: Fever, Fatigue, Cough, Shortness of Breath or Difficulty Breathing, Chills, Muscle Pain, Sore Throat, Loss of the sense of taste or smell. I agree to the following:

    1. I understand the above symptoms and affirm that I, as well as all household members, do not currently have, nor have they experienced the symptoms listed herein WITHIN THE LAST 14 DAYS.

    2. I affirm and agree that I, as well as all household members, have not been diagnosed with COVID-19 WITHIN THE PAST 14 DAYS.

    3. I affirm and agree that I, as well as all household members, have not knowingly been exposed to anyone diagnosed with COVID-19 WITHIN THE PAST 14 DAYS.

    4. I understand that the COVID-19 virus has a long incubation period during which carriers of the virus may not show symptoms and still are highly contagious. I also understand that for that reason, it is impossible to determine who has it and who does not, given the current limits in virus testing.

    5. I understand that due to the nature of any Activity sponsored by Powell Recreation District, myself and my household members have an elevated risk of contracting the virus simply by being a participant or observer in any Activity.

    6. To prevent the spread of contagious viruses and to protect others, I understand that I need to follow the Directives set forth by the CDC, the Governor of the State of Wyoming, and the Park County Public Health Officer.

    7. I understand that the Releasees cannot be held liable for any exposures to the COVID-19 virus for misinformation on this Release form or the health history provided by me.

  2. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Activities.

  3. I acknowledge and fully assume the risk of illness or death related to COVID-19, MRSA, and influenza arising from my, or my household members’ being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children from whom I have the capacity contract)Releasee, their owners, officers, directors, agents, employees and assigns from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the Activities.

  1. 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 or injury.

  2. 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 Wyoming. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT FOR THE PERMISSION GRANTED BY RELEASEES FOR MYSELF OR MY HOUSEHOLD MEMBERS TO BE ON PREMISES AND TO PARTICIPATE IN THE ACTIVITIES.

IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability 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. I further acknowledge and agree that as the parent or legal guardian for the minor participants identified below, that there are no other minor children in my care or under my control or supervision who are not identified below as participants in the Activities covered by this Release and Waiver.



FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION)

This is to certify that I, as parent/guardian, with legal responsibility for these participants, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.