WAIVER & RELEASE OF LIABILITY In consideration of participation in City of Aliso Viejo sponsored programs, classes and/or events (collectively the “Program”), I (We), the undersigned, recognize, agree and acknowledge as follows: (1) Participation in the Program is voluntary; (2) I (We) will follow and abide by the rules, regulations, guidelines and Participant Code of Conduct (3) The participant is in good health, physically able to participate in the program without restrictions and has no medical condition that would or may cause participation to be potentially hazardous to his or her health, which the city can request participant to agree to furnish medical documentation at participant’s own expense;(4) Failure to disclose a medical condition could terminate participation; (5) There is a real possibility that participant could be seriously injured while participating in the Program; (6) Participant assumes all risks associated with participation in the Program.
Participant acknowledges the inherent and potential dangers of participating in the Program and expressly waives and voluntarily assumes all risk of personal injury or death which may be sustained while participating. I (WE) RECOGNIZE THAT REGISTRATION IN THE PROGRAM IS DANGEROUS AND CONTAINS RISK OF PERSONAL INJURY, DEATH, DISABILITY, PROPERTY DAMAGE OR LOSS. I ASSUME ANY AND ALL RISKS associated with my or my child’s participation in the Program, including, but not limited to, strenuous physical activity or exertion; striking or being struck by objects or persons; slipping; exposure to communicable diseases and illnesses (including but not limited to COVID-19); and exposure to heat, cold or humidity. Such risk may result in injuries and illnesses that include, but are not limited to: sprain, strain or tear of muscles or ligaments; fracture or dislocation of joints or bones; head or facial injuries; spinal cord or internal injuries; viral or bacterial infections. I know that the risks, hazards and dangers also include, but are not limited to, falling, slipping, colliding with other users, staff or spectators. I understand that these risks, hazards and dangers are further increased when other persons, whether or not of the same level of experience, are present at the same time and/or using the same facilities. ALL SUCH RISKS ARE KNOWN AND APPRECIATED BY ME.
I hereby release, discharge and agree not to sue the City of Aliso Viejo, Capistrano Unified School District, Aliso Viejo Community Association (AVCA), and all of their officers, agents, and employees from any and all duty to me, for any injury, illness, death or damage to or loss of personal property arising out of, or in connection with, my participation in the Program from whatever cause, including the active or passive negligence of City of Aliso Viejo, Capistrano Unified School District, Aliso Viejo Community Association (AVCA), or any other participants in the Program. I (We) understand that this Waiver and Release of Liability (“Release”) is not intended to release any party from any act or omission of “gross negligence,” as that term is used in applicable case law and/or statutory provision. This Release extends to all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown. I (We) waive and voluntarily assume all risk of personal injury which may be sustained while participating in the Program. The laws of the State of California shall govern this Release. The undersigned hereby acknowledge to be lawful parent(s) and/or guardian(s) of the participant and acknowledge(s) my/our qualifications to sign this Release on behalf of the participant.
In addition to the above, I (We), the undersigned understand and agree to be bound by the following:
- The novel coronavirus (“COVID-19”) has been declared a worldwide pandemic by the World Health Organization. COVID-19, among other infectious diseases, is extremely contagious and is believed to spread mainly from person-to-person contact. It is believed that asymptomatic individuals can be infected with and transmit COVID-19 without their knowledge.
- I (We) acknowledge the contagious nature of COVID-19, and infectious diseases in general, and voluntarily assumes the risk that I or my child may be exposed to or infected by COVID-19 as a result of participating in the Program. I (We) acknowledge that such exposure or infection may result in personal injury, illness, permanent disability and/or death.
- I (We) understand that the City has created protocols and put in place preventative measures to reduce the spread of COVID-19. I (We) acknowledge, however, that the City cannot guarantee that participants will not be exposed to or infected with COVID-19. I (We) will comply with all preventative measures instituted by the City and/or Program instructors at all times during the Program.
