Waiver of Claims/Assumption of Risk/Consent
The undersigned, in consideration of participation in the programs operated by Los Gatos –Saratoga Community Education and Recreation (LGS Recreation), agrees to indemnify and hold LGS Recreation , its Board of Directors, contractors, employees and volunteers harmless and release LGS Recreation , its Board of Directors, contractors, employees and volunteers from any and all liability for any injury which may be suffered by the named individual(s) registered in any program operated by LGS Recreation, arising out of, or in any way connected with participation in such program. I have read the above application and agreement, and fully understand that I assume all risks for any injuries received. Model Release: I release the photographer and LGS Recreation from liability for any violation of any personal or proprietary right I have in connection with any reproduction of or use of photographs in which I appear. I consent to the reproduction or use of photographs, without my name (or other registered participants), taken of me while participating in LGS recreation programs. LGS Recreation and its photographer will only take photographs and videos in a public setting in which there is a reasonable expectation of privacy. This Waiver of Claims/Assumption of Risk/Consent applies to future participation in all programs of LGS by all signatories and minors on whose behalf it has been signed. AND/OR I have fully read this Agreement and fully understand its content. Furthermore, the significance of this release of liability and assumption of risk agreement has been EXPLAINED TO THE MINOR. I certify that I have custody or am the legal guardian of said minor and that I and/or my minor child are physically able to participate in recreation activities. In the event I or said minor requires medical treatment while under the supervision of staff and/or agents, I authorize said staff to provide and/or authorize medical treatment. I expect staff to contact me immediately in the event emergency medical treatment is required for said minor, but this contact is not necessary to administer emergency aid. I will pay for all medical treatment which I or said minor may require. I hereby grant permission to include pictures and/or video of me and/or said minor, while participating in LGS recreation program, for brochures or other publicity. LGS Recreation and its photographer will only take photographs and videos in a public setting in which there is not a reasonable expectation of privacy. I understand I will not receive any compensation for use of such pictures or video. This Waiver of Claims/Assumption of Risk/Consent applies to future participation in all programs of LGS by all signatories and minors on whose behalf it has been signed. Participants of virtual recreation classes acknowledge they are responsible for ensuring their environment is safe/free from obstructions and that any use of third-party applications (e.g., Zoom, Instagram, etc.) at their own security risk.
County of Santa Clara Department of Public Health Requirements Related to Coronavirus/COVID-19
All participants, by signing this release, agree to follow the following directives issued by the County Department of Public Health’s July 13, 2020 “Mandatory Directive for Programs Serving Children or Youth”:
-Follow the County’s Social Distancing Protocol of maintaining no less than six (6) feet between all individuals.
-All participants and individuals picking up/dropping off children must wear face coverings.
-Exceptions may be made for very young children, people for whom face coverings are medically inadvisable, or where communication is affected by or with people who are hearing-impaired.
-Children aged 2-5 years need not wear face coverings when interacting solely with other children in their stable group.
-Children aged 6-11 are strongly encouraged, but not required, to wear face coverings within their stable group.
-Children 12 years or older must wear face coverings.
Maintaining stable groups of no more than 24 children (up to 5 years), or 12 children (6 years or older).
-Parent participation is not allowed (though employees may enroll their own children.)
-Children cannot attend more than one program within the same three-week period. Children enrolled in a K-12 school can attend school and one additional before/after school program.
-Programs are responsible for maintaining enrollment and attendance records, and should verify families’ compliance with these restrictions to the extent feasible.
The complete directive can be accessed at this link: https://www.sccgov.org/sites/covid19/Pages/mandatory-directives-programs-serving-children-or-youth.aspx
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
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. Los Gatos-Saratoga Community Education and Recreation (“LGS Recreation”) has created new protocols and put in place preventative measures to reduce the spread of COVID-19; however, LGS Recreation cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending any program may increase your child(ren)s risk of contracting COVID-19.
LGS Recreation’s programs by nature involve interaction between and among participants and agency staff, as well as potential interaction between and among parents who are dropping off their children and/or observing the program. 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, and/or transporting my children to, LGS Recreation programs, activities, or events, and of the named perils listed below. I understand that the risk of becoming exposed to or infected by COVID-19 at LGS Recreation programs, activities, or events may result from the actions, omissions, or negligence of myself and others, including, but not limited to, LGS Recreation employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any and all named perils and/or 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, my child(ren), or others, may experience or incur in connection with my child(ren)’s attendance at LGS Recreation programs. On my behalf, and on behalf of my child(ren), I hereby release, covenant not to sue, discharge, and hold harmless LGS Recreation, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to the above named perils in connection with my child(ren)’s attendance at LGS Recreation programs. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of LGS Recreation, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any LGS Recreation program.