This Assumption of the Risk, Waiver, and Release of Liability Agreement (Agreement) is entered into as of the date of event registered for by the undersigned (Releasor). Releasor desires to enter the premises indicated on the event registration and participate in activities (Activities). Senior Pride is willing to allow the Releasor to enter and participate in Activities in person on the condition that releasor reads, enters into, and complies with this Agreement but that otherwise Senior Pride would not allow such entry, use, or participation. Thus in consideration of Senior Pride allowing Releasor to enter the Premises and engage and participate in Activities, Releasor acknowledges, agrees, assumes, waives and relates as follows:
- I am aware that my choice to participate in So. AZ Senior Pride in-person gatherings and activities including but not limited to, events/gatherings in a park or other outside venue and in-door spaces and facilities, may put me at risk for accidents, property damage or other effects during all times of this event/gathering. Releasor acknowledges that Releasor’s safety depends upon Releasor’s awareness of him/herself/themself, his/her/their surroundings, as well as how Releasor conducts himself or herself or themself and interacts with others and the environment. Releasor acknowledges that Releasor’s safety also depends upon complying, and Releasor shall comply, with all rules, regulations, policies, guidelines, and instructions of Senior Pride, its employees and volunteers. If Releasor observes any unusual or significant hazard during Releasor’s presence or participation, Releasor will remove him/herself/themself from participation and bring the same to the attention of the nearest Sr. Pride official immediately. Releasor understands that the Organization is not responsible for Releasor’s actions or inactions or the actions or inactions of any third party, including other participants and guests at the Premises. As further set forth below, Releasor releases the Company from all liability related to entering the Premises or participating in Activities with the exception of damages caused exclusively by the Organization’s intentional misconduct or grossly negligent acts. Releasor covenants not to sue the Company in connection therewith to the maximum extent of applicable law.
- Communicable Diseases: There is an inherent risk of exposure to communicable diseases, including without limitation COVID-19. The novel Coronavirus (COVID-19) is reported to be extremely contagious and has been declared a worldwide pandemic in any place where people are present. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death. In light of its capacity to transmit from person-to-person through a variety of potential means, various federal, state, and local government agencies have provided recommendations and guidelines. Releasor is aware of the significant risks associated with Releasor’s physical presence at the Premises and participation in Activities, including the risk of being exposed to or becoming infected with COVID-19 or transmitting COVID-19 to another. Releasor acknowledges that being exposed to, becoming infected with, or transmitting COVID-19 can cause a variety of symptoms and illnesses, including those that may lead to life threatening and life changing conditions or death, and that being at the Premises and participating in the Activities carries with it certain risks that cannot be eliminated regardless of the care taken to avoid transmission and illness. Releasor acknowledges that the Organization cannot prevent Releasor or anyone else from becoming exposed to, contracting, or spreading COVID-19 while utilizing the Organization’s services or participating in the Activities, or being at the Premises. It is not possible to prevent against the presence of communicable diseases and Releasor acknowledges being fully aware of such hazards and dangers involved in being at the Premises and participating in the Activities, including, but not limited to, coming into contact with COVID-19, becoming infected with COVID-19, or transmitting COVID-19 to others, and physical, mental, and emotional injuries that can be sustained as a result thereof, such as coughing, fever, shortness of breath or difficulty breathing, chills, aches, sore throat, loss of taste or smell, diarrhea and other gastrointestinal distress, headache, fatigue and exhaustion, nausea or vomiting, congestion, runny nose, dehydration, auto-immune and inflammatory responses as well as heart attacks, strokes, and other conditions and injuries that could be prolonged, life-long, or fatal. By participating in this Event, you voluntarily assume all risks related to exposure to Communicable Diseases including COViD-19.
- Following the pronouncements above Releasor hereby declares the following: Releasor is fully and personally responsible for Releasor’s own safety and actions while at the Premises and during any participation in the Activities, and Releasor recognizes that Releasor may be, in any case and regardless of the precautions that Senior Pride has undertaken, at risk of contracting Communicable Diseases. With full knowledge of the risks involved, Releasor hereby releases, waives, and discharges the Organization, its members, managers, employees, volunteers, representatives, successors, and assigns from any and all liabilities, damages, claims, demands, expenses, costs, losses, injuries, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, illness, or death that may be sustained by Releasor arising from or relating to any participation in the Activities and any Communicable Diseases, including COVID-19, while being at, on, or around the Premises. Releasor agrees to indemnify, defend, protect, and hold harmless Sr. Pride from and against any and all liabilities, damages, claims, demands, expenses, costs, losses, injuries, actions, and causes of action arising from or relating to, whether directly or indirectly, any act or omission of Releasor or Releasor’s guests, including transmission by Releasor or a guest of any Communicable Diseases, including COVID-19, with the exception of damages caused exclusively by the Company’s intentional misconduct or grossly negligent acts.
- If any term or provision of this Agreement is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement, which shall remain fully enforceable. This Agreement is binding on Releasor and Releasors heirs, 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 Arizona. Any claim or cause of action arising out of or relating to this Agreement may be brought only in the federal and state courts located in Arizona and the county where the Organization is located. By signing below I acknowledge the following: that I have carefully read the foregoing Assumption of the Risk, Waiver, and Release of Liability Agreement, and the attendant agreements, releases, waivers, indemnities, warnings, and assumptions of the risk, and understand its contents; that I have given up substantial rights for myself and my heirs, successors, and assigns by signing it; that I am at least eighteen (18) years old and fully competent to give my consent and execute this Agreement; that I have been sufficiently informed of the risks involved and give my voluntary consent in signing it as my own free act; that I give my voluntary consent in signing this Agreement with full intention to be bound by the same and for it to be a complete and unconditional release of all liabilities as set forth above as I desire to voluntarily enter the Premises and participate in the Activities, and I have done so free from any inducement or representation.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO THIS RELEASE OF LIABILITY, AND AGREE FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.