I,* , the parent/guardian of * agree to allow my child to participate in activities and programs at the Binghampton Development Corporation (hereinafter "BDC"), in consideration for the opportunity for my child to participate in BDC's programs and activities for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agrees as
follows:
1. Release of Liability. I hereby forever release the BDC, its board members, officers, employees, staff, directors, and any agents of any kind thereof (hereinafter collectively the “Released Parties”), from any and all liability, loss, damage or expense related to the COVID-19 pandemic arising from or out of my child’s participation in any activities or programs at the BDC, including, without limitation all costs, damages, claims or assertions of any kind or nature with respect to which I or my family, my estate, my heirs, my successors or my assigns might have or could or might have against the Released Parties.
2. Release of Liability—Third Parties. I hereby forever release the BDC and the Released Parties from any and all liability, loss, damage or expense related to the COVID-19 pandemic, including, but not limited to, bodily injury or illness to myself or my child, including death, caused by any acts or omissions of any kind or character whatsoever of any third parties related to, or connected in any way with the Program, including without
limitation any costs, damages, claims or assertions of any kind with respect to which I, my child or my family, estate, heirs, successors or assigns may claim against the Released Parties.
3. Assumption of Risk. I understand and hereby acknowledge, independently of any advice or representation made by the BDC, that participation in activities or programs at the BDC during the COVID-19 pandemic presents certain risks beyond BDC’s control, and which may exist regardless of whether the BDC controls or attempts to control such risks and even if the BDC exercises the utmost care in trying to prevent anyone from getting injured or sick. I am permitting my child to participate in activities and programs at the BDC with this understanding and hereby knowingly and voluntarily assume all risks of injury, illness, death or damage related to COVID-19 which may arise as a result of my child participating in activities or programs at the BDC. My child’s attendance and participation in programs and activities at the BDC is voluntary, and I understand and hereby acknowledge that I may choose to not have my child attend the BDC, or I may discontinue my child’s attendance at the BDC at any time in light of the risks I am assuming hereunder.
4. BDC’s Rules and Regulations. I acknowledge and agree that the BDC and its board members, officers, faculty, staff or agents as the BDC deems necessary, shall have the authority to establish rules and regulations regarding my child attending and/or participating in activities at the BDC. Specifically, BDC can disallow my child attendance or participation in activities at the BDC if it is determined that my child has symptoms of
COVID-19. To that end, I agree to permit BDC to take my child’s temperature upon arrival at BDC and at any other time that my child is at a BDC facility. I further agree to monitor my child’s temperature and condition before allowing him or her to participate in any activities at the BDC or sponsored by the BDC and agree that I will not allow him or her to participate in any BDC activity if my child is showing any sign of illness. I agree that my child and I will follow and be bound by the rules and regulations contained in this paragraph and all other BDC’s rules and regulations.
5. Insurance. I understand and hereby acknowledge that the BDC has no insurance that will pay for, or reimburse me for, any expenses of any kind which I may incur for treatment of illness or injuries sustained while participating in any programs at BDC. I hereby assume all responsibility for any such expenses.
6. Governing Law and Severability. I agree that this Waiver and Release shall be construed in accordance with the laws of the state of Tennessee. The terms and provisions of this Student Waiver and Release shall be severable, such that if the arbitration panel determines any term of this agreement to be illegal, unenforceable or in conflict with applicable law governing this Waiver and Release, the validity of the remaining portions shall not be affected thereby.