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Jul, 2020

Covid-19

INFECTIOUS DISEASE WAIVER OF LIABILITY AND RELEASE OF CLAIMS

In consideration of being allowed to utilize the services and programs of Rockwall Girls Lacrosse, LLC, including but not limited to lacrosse practices, skill sessions, scrimmages, games, tournaments, related events and activities (collectively referred to herein as, the “Activities”), I ______________________________________ [print name of parent or adult participant], on behalf of myself or ______________________________________ [print name of minor child], my “Participating Child,” acknowledge, understand, and agree to all of the following provisions contained in this Infectious Disease Waiver of Liability and Release of Claims (the “Agreement”):

  1. COVID-19 Informed Consent and Assumption of Risk.I understand and acknowledge that the novel coronavirus (“COVID-19”), has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and wide-spread across the United States of America, including the State of Texas. 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 even possibly in the air. The exact methods of spread and contraction are unknown, and there is no known cure or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.

    I understand the hazards of 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 guidelines of the CDC, State of Texas, and the Counties of Dallas, Harris, Rockwall, and Travis (collectively referred to herein as the Public Health and Government Agencies), along with the rules and regulations of the owners of the premises where Rockwall Girls Lacrosse conducts its Activities are regularly modified and updated. I accept full responsibility for familiarizing myself and complying with the most recent updates of such rules, regulations, and guidelines.

    Although Rockwall Girls Lacrosse has put in place preventative measures to reduce the spread of COVID-19 and other infectious diseases, I understand and acknowledge that due to the nature of the Activities, social distancing of six feet per person between me and/or my Participating Child, other participants, and Rockwall Girls Lacrosse coaches is not possible.  Rockwall Girls Lacrosse cannot guarantee that I, my Participating Child, or my family members will not become infected with COVID-19 or any other infectious disease. Further, attending or participating in the Activities could increase my and/or my Participating Child’s or my family members’ risk of contracting or spreading COVID-19 or any other infectious disease. While compliance with Rockwall Girls Lacrosse and the Public Health and Government Agencies’ rules, regulations, and guidelines may reduce the risk of exposure to or contracting COVID-19 or any other infectious disease, the risk of serious illness, disability, or death does exist.  I understand participation in or attendance of the Activities includes inherent danger and risk, including possible exposure to and illness from infectious diseases including but not limited to COVID-19, MRSA, and influenza. I knowingly and willingly assume all risk of injury, illness, or other damage associated with my and/or my Participating Child’s participation in or attendance of the Activities.

     

  2. Participation and Attendance Restrictions.I agree, represent, and warrant that neither I nor my Participating Child will participate in or attend the Activities if: (i) either of us are experiencing symptoms (as defined by the most recently updated CDC guidance at https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html) of COVID-19; (ii) either of us have a suspected or diagnosed case of COVID-19; (iii) either of us have knowingly been exposed to a person with a suspected or diagnosed case of COVID-19; or (iv) either of us have traveled to or been exposed to any person returning from a highly impacted area subject to a CDC Level 3 Travel Health Notice (as defined by the most recently updated CDC guidance at https://www.cdc.gov/coronavirus/2019-ncov/travelers/map-and-travel-notices.html). I agree to notify Rockwall Girls Lacrosse immediately if I believe that any of the foregoing participation or attendance restrictions apply to me or my Participating Child.Rockwall Girls Lacrosse has taken certain steps to implement recommended guidance and protocols issued by the Public Health and Government Agencies for slowing the transmission of COVID-19, including but not limited to the participation or attendance restrictions set forth above. I acknowledge that Rockwall Girls Lacrosse may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health and Government Agencies and further agree to comply with Rockwall Girls Lacrosse revised procedures prior to participating in or attending the Activities.

    3.         Waiver and Release of Claims.  In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I and/or my Participating Child are willingly and voluntarily participating in the Activities made available by Rockwall Girls Lacrosse, and with my full understanding of all of the above, I hereby waive, release, indemnify, hold harmless, and covenant not to sue Rockwall Girls Lacrosse and its direct and indirect parent companies, subsidiaries, affiliates, owners, agents, officers, directors, shareholders, principals, administrators, coaches, employees, volunteers, and all persons acting by, though, under, or in active concert with them, both individually and in their business capacities (the “Released Parties”) from any and all liability, claims, costs, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with any loss, damages, illness, or personal injury, including death, that may be sustained by me and/or my Participating Child as a result of participation in the Activities, including those caused in whole or in part by the negligent or grossly negligent  acts or omissions of the Released Parties.  This Agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees.

  1. Governing Law and Venue.This Agreement is made and entered into within and shall be governed by, construed, interpreted, and enforced in accordance with the laws of the State of Texas.I understand and agree that venue of any action brought to enforce or relating to this Agreement or arising from or related to my and/or my Participating Child’s participation in or attendance of the Activities shall be brought exclusively in the district courts of Dallas County, Texas, or the United States District Court for the Northern District of Texas, Dallas, Texas.I expressly consent to the personal jurisdiction of the state and federal courts located in Dallas, Texas over me and my Participating Child, for any lawsuit filed there arising from or relating to this Agreement and/or my and/or my Participating Child’s participation in or attendance of the Activities.

     

  2. Severability.Should any of the provisions of this Agreement be rendered invalid by a court or government agency of competent jurisdiction, the remainder of this Agreement shall, to the fullest extent permitted by applicable law, remain in full force and effect.

 

 

I HAVE READ THIS INFECTIOUS DISEASE WAIVER OF LIABILITY AND RELEASE OF CLAIMS.  I FULLY UNDERSTAND ITS TERMS AND THAT I HAVE FREELY AKD KNOWINGLY WAIVED MY AND/OR MY MINOR CHILD’S RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE:

Participant Signature (if participant is age 18 or older): _____________________________

Name (printed): ________________________

Date:  _________________________

 

 

I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Agreement.

 

Parent or Guardian Signature (if participant is under 18 years old): _________________________

Name (printed): ________________________

Date:  _________________________

 

 

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