ACKNOWLEDGMENT AND ASSUMPTION OF RISKThe COVID-19 coronavirus has been declared a worldwide pandemic by the World Health Organization, is extremely contagious and is believed to spread mainly from person-to-person contact. By signing this, you ACKNOWLEDGE AND ASSUME THE RISK AND DANGERS OF ILLNESS, DISEASE, MEDICAL COMPLICATIONS, INJURY OR DEATH, caused by or related to COVID-19, by voluntarily entering the property of any Releasee (defined below) and participating in or viewing baseball or softball games, practices, or related activities, or by authorizing the participation of a minor in or the presence of a minor at baseball or softball games, practices, or related activities. No one guarantees that you or your child(ren) will not become infected with COVID-19. The person signing below voluntarily assumes this risk because s/he chooses or elects to do so.
COVID-19 RELEASE AND INDEMNITY AGREEMENT AND COVENANT NOT TO SUEIn consideration of the above-listed player, coach, or official (“Participant”) being allowed to participate in baseball and/or softball on municipal property, the Participant or the parent(s) or legal guardian (if Participant is a Minor), on his or her own behalf and on behalf of any Minor Participant, agree as follows:
1. RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the City of Waverly, Nebraska, its elected and appointed officials, officers, directors, agents or employees (each a “Releasee” and collectively referred to as “the Releasees”) on whose property Participant participates in any baseball or softball games, practices, or related activities, from any and all liability to the Participant (or Participant’s personal representatives, assigns, heirs, parents, legal guardians, siblings, children or dependents) on account of injury, illness, disease, quarantine or death from the COVID-19 coronavirus and any complication or related disease or condition, occurring as a result of entering the property of any such Releasee, participating in or viewing any baseball or softball game, practice, or related activity, or other use of public facilities on the property of any such Releasee, whether such injury, sickness, disease, condition, or death is caused by the negligence or other wrongful conduct of one or more of the Releasees or any other participants, spectators or other individuals present at the baseball or softball game, practice, or related activity, or whether liability for such injury, sickness, disease, condition, or death is assigned to one or more of the Releasees as a matter of strict liability or any other legal doctrine.
2. AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES and each of them from any liability, damage or loss (including, but not limited to, attorneys’ fees and other defense costs) one or more of them may suffer or incur arising out of or related to the Participant’s or any of the undersigned’s entry onto the property of any such Releasee in connection with any baseball or softball game, practice, or related activity, whether such claim is based on one or more of the Releasees' negligence, breach of contract or warranty, strict liability or other legal theory. The undersigned COVENANTS not to sue any Releasee related to injury, disease, loss, quarantine, or illness related to COVID-19.
3. THE PERSON SIGNING BELOW AGREE(S) to comply with all federal, state and local laws and regulations, all directed health measures and guidelines, and all security policies or procedures established by any such Releasee relating to COVID-19 or other safety or hygiene precautions, understanding that the Releasee may elect to deny entrance to the property (including any facilities present thereon) and the Participant may not be allowed to participate or continue to participate in the baseball or softball game, practice, or related activity at the election of the Releasee at any time. The undersigned agree(s) that in the event any portion of this document is held to be invalid, the balance shall, notwithstanding, continue in full legal force and effect to the greatest extent possible under applicable law. The parents or guardian of the Participant agree that by signing below they are in addition to binding themselves and binding any minor Participant on whose behalf they have signed, to the maximum extent permitted by applicable law to this Agreement in full.