The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Order No. Ho-COVID19-09 issued by the Health Officer of Contra Costa County on April 29, 2020 has specifically authorized Childcare establishments, summer camps, and other educational or recreational institutions or programs providing care or supervision for children of all ages that enable owners, employees, volunteers, and contractors of any business to work, subject to certain requirements.
The Ultimate Sports Association, a non profit 501C3 company that manages and operates out of the Ultimate Fieldhouse, in concert with Excel California, LLC, ASA Basketball, Flight Elite and Firehawks Basketball, (herin refered to as "Operators") have taken steps to reduce the risk of spread of COVID-19; however, Operators cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Operator's activites could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and VOLUNTARILY ASSUME THE RISK THAT MY CHILD(REN) AND I MAY BE EXPOSED TO OR INFECTED BY COVID-19 BY ATTENDING OPERATOR'S EVENTS AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND DEATH. I understand that the risk of becoming exposed to or infected by COVID-19 at Operator's events may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Operator's employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at Operator's events or participation in Operators programs (“Claims”). On my behalf, and on behalf of my children, I HEREBY RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND HOLD HARMLESS USA, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES, OF AND FROM ALL CLAIMS, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of USA, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Operators' program.
I expressly and knowingly waive all rights under California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
I HAVE READ THIS CONSENT AND PERMISSION, RELEASE AND WAIVER. I UNDERSTAND THE TERMS OF THIS CONSENT, RELEASE AND WAIVER AND SIGN IT FREELY AND VOLUNTARILY.