This Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (this “Release Agreement”) is to certify that I, as a participant or as a parent or guardian with legal responsibility for a minor child or ward that is a participant (hereinafter “Participant”), for the benefit of the City of Aurora and the Aurora Recreation Community Center and their directors, officers, employees, teams, players, coaches, instructors, participants, volunteers, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as the “Releasees”), acknowledge that Participant will be engaged in an activity, whether upon City of Aurora property or not, which includes, without limitation, all activities, tournaments; games; practices; events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall also include instructional courses, seminars and sessions; travel, transport and accommodation; and other such activities, events and services in any way connected with or related to the Releasees, including events and activities sponsored by third parties upon Releasees’ property.
ASSUMPTION OF RISKS: Participant acknowledges that despite additional federal, state, and other preventative guidelines implemented by the Releasees as a direct response to the novel coronavirus (“COVID-19”), that COVID-19 is extremely contagious and can be spread from person-to-person contact. Participant further acknowledges that those engaged in the sport are not immune from COVID-19 or the associated risks thereof. Furthermore, Participant certifies and acknowledges that the Sport or activity performed on City of Aurora property may be inherently dangerous and the risk of injury and/or illness from the activities involved in the sport or activity is significant, including the potential for permanent bodily injury, damage to personal property and even death, and Participate recognizes and assumes that risk of injury, including possible exposure to COVID-19, and agrees to participate in the sport or activity.
PARTICIPANT IS AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN A SPORT OR ACTIVITY AND KNOWINGLY AND FREELY ACCEPTS AND FULLY ASSUMES ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT: In consideration of the Releasees agreeing to allow Participant to participate in a sport, or activity and permitting Participant’s use of Releasees’ services, equipment and other property, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Participant hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that Participant has or may in the future have against the Releasees and to release the Releasees from any and all liability for any loss, damage, expense or injury, including death, that Participant may suffer or that Participant’s next of kin may suffer, as a result of Participant participating in a sport or activity, upon Releases’ Property, or sponsored by the Releasees, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED, ON THE PART OF THE RELEASEES;
2. TO HOLD HARMLESS AND INDEMNIFY the Releasees for any and all liability for any property damage, loss or personal injury to any third party resulting from Participant’s participation in a sport or activity upon Releases’ property or sponsored by Releasees;
3. This Release Agreement shall be effective and binding upon Participant’s heirs, next of kin, executors, administrators, assigns and representatives, in the event of Participant’s death or incapacity; and
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Indiana and no other jurisdiction.
In entering into this Release Agreement, Participant is not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in a sport or activity upon Releases’ property or sponsored by Releasees, other than what is set forth in this Release Agreement.