COVID-19 WAIVER
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
By signing this Release of Liability and Assumption of Risk (this “Agreement”), the individuals named below (referred to collectively and individually as “I” or “me” or “my”), on behalf of himself/herself/themselves and their minor child(ren), as well as on behalf of my and my child(ren)’s heirs, next of kin, assigns, and personal representatives, for good and valuable consideration, hereby agrees to all of the terms and conditions set forth in this Agreement:
1. I am aware of the contagious nature of the 2019 novel coronavirus disease (COVID-19 and referred to in this Agreement as the “Disease”) and voluntarily assume the risk, inherent and otherwise, that my child(ren) and/or I may be exposed to or contract the Disease by participating in any activity outside of our home, including activities (the “Activities”) organized at The Connecticut Baseball Academy and Team Connecticut Baseball or at any facility authorized by the Company to host the Activities. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, and/or death. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including Company employees. I understand that while the Company has implemented preventative measures to attempt to reduce the spread of and exposure to the Disease, the Company cannot and does not guarantee that my child(ren) and/or I will not be exposed to or become infected with the Disease while participating in the Activities and that participating in the Activities may increase my child(ren) and/or my risk of contracting the Disease.
NOT WITHSTANDING THE RISKS ASSOCIATED WITH THE DISEASE, I ACKNOWLEDGE THAT MY CHILD(REN) AND/OR I AM(ARE) VOLUNTARILY ENGAGING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY OR DEATH TO MY CHILD(REN) OR MYSELF RELATED TO THE DISEASE, ARISING FROM ENGAGING IN THE ACTIVITIES, WHETHER CAUSED BY THE ACTS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY OR OTHERWISE. I ASSUME FULL AND SOLE RESPONSIBILITY FOR ALL RISKS, KNOWN AND UNKNOWN, INHERENT OF OTHERWISE, RELATED IN ANY WAY TO THE ACTIVITIES.
2. I hereby expressly waive, release and discharge any and all claims, now known or unknown or hereafter known, against the Company, and its officers, directors, employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, "Releasees"), on account of injury, illness, disability or death arising out of or attributable to my child(ren) and/or I engaging in the Activity and being exposed to or contracting the Disease, whether arising out of the acts, omissions or negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
3. I am familiar with federal, state, and local laws, orders, directives, and guidelines related to the Disease, including the Centers for Disease Control and Prevention (CDC) guidance on the Disease. My child(ren) and I will comply with all such orders, directives, and guidelines while engaging in the Activities, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings. My child(ren) and I will also follow all instructions of the Company while engaging in the Activities. My child(ren) and I agree not to engage in the Activities if either of us are experiencing symptoms of the Disease (such as cough, shortness of breath or difficulty breathing, fever, chills, fatigue, muscle or body aches, headache, recent loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, or diarrhea), have had a confirmed or suspected case of the Disease within the last twenty-one (21) days, or have come in contact in the last twenty-one (21) days with a person who has been confirmed or suspected of having the Disease.
4. I, on my own behalf and on behalf of my child(ren), our heirs, representatives, and next of kin, shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, injuries, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, actions, lawsuits, proceedings, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the Disease due to my child(ren) or I engaging in the Activities and caused in whole or in part by the strict liability or negligence in any form of the Releasees.
5. This Agreement constitutes the sole and entire agreement of the Company and me with respect to the specific subject matter contained herein, but is in addition to all other waivers and releases signed by me on behalf of myself and my child(ren) with regard to other risks of participating in the Activities. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction).
6. I represent that: (i) I am at least eighteen (18) years old and am the parent(s) and/or legal guardian(s) of the child(ren) identified below; (ii) I have been given an opportunity to ask questions about the contents of this document and/or to seek the advice of an attorney; and (iii) I understand that the above release is intended to be as broad as permitted by applicable law.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT (INCLUDING MY CHILD(REN)’S RIGHT) TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT.