Martin County School Board Waiver
RISK ACKNOWLEDGMENT, RELEASE, AND LIABILITY WAIVER AGREEMENT
RELATING TO CORONA VIRUS/COVID-19
I, the undersigned ( parent or guardian of a child) who is a participant in the Camp Gan Israel Program on the premises of the Martin County School District and being managed and controlled by its Licensee (Chabad Jewish Center of Martin / S. Lucie County Inc. ) enter into and agree to become legally bound by this RISK
ACKNOWLEDGMENT, RELEASE, AND LIABILITY WAIVER AGREEMENT RELATING TO CORONAVIRUS/COVID-19 (the "Agreement") and acknowledge and agree to the
following as conditions of participation in the Program.
1. On or about March 11, 2020, Coronavirus Disease 2019 ("COVID-19") was declared a pandemic by the World Health Organization, and that the United States Centers for Disease Control and Prevention has stated, "the best way to prevent illness is to avoid being exposed to this virus." See, https://www.cdc.gov/coronavirus/2019- ncov/prepare/prevention.html
COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person to person contact and/or by contact with contaminated surfaces and objects and especially in the air. People reportedly can be infected and show no symptoms and therefore unknowingly spread the disease. The exact methods of spread and contraction are unknown, and they are developing treatments and a vaccine. Evidence has shown that COVID-19 can cause serious potentially life-threatening
illness and even death. Therefore, in consideration of the services provided by the Program, their agents, owners, officers, volunteers, participants, employees, independent contractors, volunteers, interns, and the District upon whose premises the Program is being held (hereinafter collectively referred to as "Releasees"), I herein acknowledge and accept the following: The District and its Licensee cannot prevent you or your child(ren) from becoming exposed to, contracting or spreading COVID-19 while attending the Program or being on District premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize these services or programs, and/or enter onto District's premises, you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
2. I am aware of the contagious nature of COVID-19 and have voluntarily chosen to allow myself or my child to participate in the Program. I represent that I or my child is in good health and has had no known exposure to COVID-19 and no symptoms of COVID- 19 for fourteen (14) days prior to attending the facility. I acknowledge that if I believe I or my child had any exposure to COVID-19, I will immediately cease attendance at the facility until I can again warrant no known exposure for
the fourteen (14) day period and alert the facility if attendee had been on the premises since exposure.
3. Program/Facility employees will be exposed to multiple persons, and employees could be exposed to COVID-19.
4. Although precautions may be taken to reduce the likelihood of transmission of COVID-19, there are no promises, guarantees, or expectations that I or my child will not become infected with COVID-19.
5. By participating in the Program, I am exposing my child, other persons, and myself to the risk of becoming infected with COVID-19, which may result in serious personal injury, illness, permanent disability, and death.
6. I understand the risk of becoming exposed to or infected by COVID-19 may result from the actions of inaction of, or negligence of, including, but not limited to, myself, other persons, the District, Program participants and parents or guardians.
7. ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19 for myself and/or my child(ren) in order to utilize the Program services and facilities and enter the District or its Licensee's premises. These services are of such value to me and/or my child(ren) that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize the Program services as being utilized on District premises.
8. I agree to indemnify, defend, and hold the District, its elected officials, appointed officials, successors, assigns, employees, and agents and the Licensee harmless from any and all claims, demands, actions, damages, costs, expenses, fines, covenants and compensation whatsoever, whether for property damage, personal injuries or death, whether now known or unknown, foreseen or unforeseen, patient or latent, arising directly or indirectly from or in connection with participation in the Program. It is the intention of this acknowledgment and waiver to hold myself responsible for
the payment of any and all claims of any nature and character (arising from the matters described above), including claims in any way attributed to or asserted against the District and its Licensee or which the District and its Licensee may be required to pay.
9. The undersigned, for himself or herself, assigns, heirs, successors or agents intending to be legally bound, does hereby release, remise and forever discharge the District, its elected officials, appointed officials, successors, assigns, employees, and agents, and the Licensee, both individually and in their respective capacity from any and all claims, demands, actions, damages, costs, expenses, fines, covenants, and compensation whatsoever, whether now known or unknown, foreseen or unforeseen,
patent or latent, which the undersigned claims or asserts against the District, its elected officials, appointed officials, successors, assigns, employees, and agents, and its Licensee relating to the undersigned's participation in the Program, from the beginning of time through the date of this Agreement and thereafter.
10. I represent and warrant that I have carefully read and fully understand all of the provisions of this Agreement, knowingly and voluntarily agree to all of the terms set forth in this Agreement, and acknowledge that in entering into this Agreement, am not relying on any representation, promise or inducement made by the District and/or its Licensee.
11. WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against the District and its agents and employees, volunteers, board members and other representatives and Licensee in connection with exposure, infection and/or spread of COVID19 related to my child (children) utilizing the services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages whether known or unknown, foreseen or unforeseen.
12. I represent and warrant that I am the parent or guardian of the child or children whose name appears below and that I have, as of the date hereof, have taken all necessary actions to authorize the execution of this Agreement and have the full power, authority, and legal right to execute, deliver, and perform the respective obligations under this Agreement.
13. CHOICE OF LAW: I understand and agree that the law of the State of Florida will apply in the contract. Intending to be legally bound, I, am executing this Agreement as of the date written below.