City of Chattanooga Wavier and Release of Liability Form

The above-named Participant/Volunteer (“Participant”) and/or Parent/Guardian on behalf of the above-named Participant/Volunteer (the “Minor”) by signing this Waiver and Release of Liability Agreement (“Release” or “Agreement”) on behalf of him/herself, his or her executors, administrators, heirs, next of kin, successors, assigns, and any legal and personal representatives (“Releasees”), hereby agrees to and makes the following contractual representations pursuant to this Agreement:

I, the Participant, and/or on behalf of the Minor, understand and acknowledge the risks and dangers associated with my and/or the Minor’s participation in the event(s), activity(ies), and function(s) (the “Event” or the “Events”) sponsored by Outdoor Chattanooga and/or Open Spaces (the “Event Sponsor”), including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; dangers arising from adverse weather conditions; land, water and surface hazards; equipment failure; inadequate safety measures; situations beyond the immediate control of the Event Sponsor; and other undefined, not readily foreseeable and presently unknown risks and dangers ("Risks" I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the negligent acts or omissions of the Releasees defined above. I, and/or on behalf of the Minor, hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which may be incurred as a result of my participation in any Event.

I, the Participant, and/or on behalf of the Minor, hereby WAIVE, RELEASE, DISCHARGE, INDEMNIFY, DEFEND and HOLD HARMLESS the Event Sponsor/City of Chattanooga, its departments, administrators, employees, officers, contractors, representatives, and volunteers, from any and all liabilities, claims, causes of action, lawsuits, judgments, demands, losses or expenses (including request for costs and attorneys’ fees) of any kind or nature resulting from bodily injuries, disability, death, property damage, and loss of use arising from or attributable to my participation in any Event, including by way of example and no limitation, any liability that may arise from negligence on the part of Releasees, from dangerous or defective equipment or property owned, maintained, or controlled by Releasees, or because of Releasees’ possible liability without fault.

I, the Participant, and/or on behalf of the Minor, certify that I and/or the Minor am physically fit, and if necessary, have sufficiently prepared and/or trained for participation in the Event and that I and/or the Minor have not been advised not to participate by a qualified medical professional. I certify that there are no health-related reasons which precludes my and/or the Minor’s participation, and that I have the ability to pay for any and all costs related to any medical treatment I and/or the Minor may need as a result of participation in the Event.

I, the Participant, and/or on behalf of the Minor, understand that while participating in the Event I and/or the Minor may be videotaped, recorded or photographed. I, the Participant, and/or on behalf of the Minor, agree to allow my and/or the Minor’s photo, video, or film likeness to be used for any legitimate purpose, including on social media outlets, by the Event Sponsor, activity holders, producers, organizers and assigns.

Due to the ongoing COVID-19 pandemic, I, the Participant, and/or on behalf of the Minor, also agree to the following:

In addition, and without prejudice to the generality of any of the foregoing, I acknowledge that COVID-19 infections have been confirmed throughout the United States. I represent and warrant that neither I and/or the Minor nor any other individual who accompanies me and/or the Minor to any Event has, within the past 14 days: (i) returned from any highly impacted area subject to a Level 3 Travel Health Notice issued by the Centers for Disease Control and Prevention (a Level 3 Notice); (ii) had exposure to an individual returning from an area subject to a Level 3 Notice; or (iii) had exposure to an individual who has a suspected or confirmed case of COVID-19.

I agree that I and/or the Minor will not participate in nor permit any other individual to participate in any Event if either myself or the other individual: (i) experiences symptoms of COVID-19; or (ii) has a suspected or diagnosed/confirmed case of COVID-19.

I agree that I and/or the Minor and any individual who accompanies me and/or the Minor to any Event will comply with and submit to any and all policies, protocols, procedures or other requirements that the Event Sponsor implements to protect the health and well-being of those who participate in or otherwise attend the Event Sponsor events, including, without limitation, temperature checking and social distancing in accordance with the guidelines recommended by the Centers for Disease Control and Prevention or other public health agencies. I fully understand and appreciate both the known and potential dangers of me and/or the Minor participating in and attending Event Sponsor events and acknowledge that both participants and attendees of such events may, despite the Event Sponsor’s efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, hospitalization, disability and/or death. I, and/or on behalf the Minor, voluntarily assume all such dangers and risks and accept sole responsibility for any illness, loss or liability that may result from mine and/or the Minor’s participation in or attendance at any and all Event Sponsor events.

I acknowledge and agree that the release, waiver, and indemnification obligations previously set forth above extend to any liabilities arising due to any person contracting or transmitting COVID-19 as a result of participating in or attending any and all Event Sponsor events.

This Release shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I am aware that this is a legally binding agreement and certify that I have read this document and fully understand its content.

By signing this Release, I understand and accept the terms outlined above.