IN CONSIDERATION of being permitted to attend, observe, work for, or participate in any way in the EVENT, as referenced above, the undersigned, as guardian for Child's Name listed above (the “Child”) for himself/herself, his/her personal representatives, heirs, and next of kin:
1. HEREBY RELEASES, WAIVES, DISCHARGES AND AGREES NOT TO SUE the Sunshine Foundation, its officers, directors, employees and/or agents/volunteers (collectively, the “Charity”) FROM ALL LIABILITY TO THE CHILD, his/her personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN THE DEATH OF THE CHILD ARISING OUT OF OR RELATING TO THE EVENT, WHETHER CAUSED BY THE NEGLIGENCE OF THE CHARITY OR OTHERWISE.
2. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Charity FROM ANY LOSS, LIABILITY, DAMAGE, OR COST the CHILD may incur arising out of or related to the EVENT WHETHER CAUSED BY THE NEGLIGENCE OF THE CHARITY or otherwise.
3. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE of the CHILD arising out of or related to the EVENT, whether caused by the NEGLIGENCE OF THE CHARITY or otherwise.
4. HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) CAN BE VERY DANGEROUS and involve a risk of serious injury and/or death and/or property damage. THE UNDERSIGNED, also expressly acknowledges that any INJURIES RECEIVED BY THE CHILD MAY BE MADE WORSE BY NEGLIGENT RESCUE OPERATIONS of the Charity or otherwise.
5. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Charity, INCLUDING NEGLIGENT RESCUE OPERATIONS, and is intended to be as broad and inclusive as is permitted by the laws of the State in which the Event is conducted, and that, if any of these terms are held to be invalid or unenforceable, it is agreed that the balance of these terms shall, nevertheless, continue in full legal force and effect.
6. HEREBY understands that while the Charity has undertaken reasonable steps to lessen the risk of transmission of COVID-19 in connection with the Event, the Charity is not responsible in any manner for any risks related to COVID-19 in connection with the Event and understands that the World Health Organization has classified the COVID-19 outbreak as a pandemic, COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death. In addition, the undersigned is fully aware that participation in the Event (including any related travel) carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. Further, the undersigned understands that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. The undersigned, as guardian for the Child, hereby voluntarily accepts and assumes all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AND MY CHILD HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.