Harker Heights Parks and Recreation

CITY OF HARKER HEIGHTS LIABILITY WAIVER

I understand that the activities offered by the Harker Heights Parks and Recreation Department may involve strenuous physical activity which can result in property damage, bodily injury or death of myself or my child(ren) or ward(s). I understand and agree that the City of Harker Heights, the Parks and Recreation Department, and their respective agents, employees, officers, directors, and instructors( “the City”) are not undertaking responsibility to oversee these activities or to guarantee that such activities are free from risk of injury, loss or damage to either persons or property.

In consideration of the City’s furnishing services, equipment and or facilities. I hereby expressly assume all risk of loss, injury or death for myself and my child(ren) and ward(s) who participates in or attends Parks and Recreation Department programs. On behalf of myself, my child(ren), my ward(s), or heirs, assigns, and personal representatives, I agree to release, relieve, indemnify, and hold harmless the City against any and all claims, demands arising as a direct or indirect result of the use of City facilities, or participation in or attendance at Parks and Recreation Department activities. By myself, my child(ren), or my war(s). In case of any such claim, I agree to defend the action or proceeding by counsel acceptable to the City. I am aware that this is a release of liability which is intended to be legally binding. I have read it, I understand it, and I sign it of my own free will.

ASSUMPTION OF THE RISK AND WIAVER OF LIABILITY RELATING TO CONRONAVIRUS/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

The Harker Heights Parks and Recreation Department (“HHPRD”) has created new protocols and put in place preventative measures to reduce the spread of COVID-19; however, HHPRD cannot guarantee that you or your attendees will not become infected with COVID-19. Further, attending any program may increase your or attendees’ risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that attendee(s) and I may be exposed to, or infected by COVID-19 by attending program(s) at an HHPRD facility, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at program(s) at an HHPRD facility may result from the actions, omissions, or negligence of myself and others, including, but not limited to, HHPRD employees, instructors, volunteers, and program participant and their families.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to attendees or myself including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that I or attendees may experience or incur in connection with attendance of program(s) at an HHPRD facility. On my behalf, and on behalf of my attendees, I hereby release, covenant not to sue, discharge, and hold harmless HHPRD, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of HHPRD, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after attendance of program(s) at an HHPRD facility.

When the term HHPRD is used herein it includes the City of Harker Heights.

When the term program(s) at an HHPRD facility is used herein it includes HHPRD event or activity.

CONDITIONS OF PERMIT FOR RESERVATIONS

CITY PROPERTY:  Use is subject to all pertinent State Laws, City Ordinances, Health Department Regulations, and Facility Rules.

DEPOSIT:  The holder of this permit will be held responsible for inappropriate use, violation of rules, or damage to City property resulting from use herein as determined by Harker Heights Parks and Recreation.

INDEMNITY:  The permit holder shall indemnify and hold harmless the City of Harker Heights, officers, employees, and agents and assigns from any and all claims for injury and / or damages to persons or property, including wrongful death, resulting from the use of this permit.