Please Read Carefully
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is highly 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 prohibited the congregation of groups of people of certain sizes.
The Town of Kennebunkport has created new protocols and put in place preventative measures related to its recreation programs to reduce the spread of COVID-19; however, the Town cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending recreation programs may increase you and your child(ren)’s risk of contracting COVID-19, and may increase the risk of transmitting COVID-19 to others. Additionally, participation in recreation programs has other inherent risks to people and property, including, but not limited to, harm, damage, illness (including communicable diseases like COVID-19, influenza, MRSA, and others), and injury (including permanent disability and death).
By signing this Assumption of Risk, Waiver of Liability, and Consent (the “Waiver”), I acknowledge the contagious nature of COVID-19 and the risks associated with participation the Town’s recreation programs, and voluntarily assume the risk that I and my child(ren), may be exposed to or infected by COVID-19 by participating in any way in the Town’s recreation programs, 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 during the Town’s recreation programs may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Town employees, volunteers, and other participants and their families. I also acknowledge and understand the other risks of injury, illness, harm, and/or damage to people and/or property that can arise related to participation in the Town’s recreation programs.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, illness, permanent disability or death), my guests and my family members, including my minor child(ren), and any damage, loss, claim, liability or expense, of any kind, that I, my guests or my family members (including, without limitation, my minor child(ren)), may experience or incur in connection with my and any and all of the foregoing persons’ participation in the Town’s recreation programs (“Claims”). I, on behalf of myself, my heirs, executors, administrators, legal representatives, assigns and successors in interests, hereby RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO HOLD HARMLESS, INDEMNIFY AND DEFEND the Town of Kennebunkport, its employees, agents and representatives, of and from all Claims, whether now existing or hereafter arising, including all liabilities, claims, demands, losses, injuries, actions, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) of any kind by any person arising out of or relating to such Claims. I understand and agree that this release includes any Claims based on the actions, omissions or negligence of the Town of Kennebunkport, its employees, agents and representatives. This release is intended to be a complete and unconditional release of all liability to the greatest extent allowed by law.
I, both individually and on behalf of my guests and family members, including my minor child(ren), am voluntarily providing this Waiver to the Town of Kennebunkport in consideration for, and as a precondition of, my, my guests’, and my family members’ (including my minor child(ren)’s) participation in the Town’s recreation programs.
I also grant the Town my consent to record, videotape, and/or photograph my, my guests’, and/or my family members’ (including my minor child(ren)) image/likeness and/or voice to be used with or without the individual’s name and for any lawful purpose, including, but not limited to, publicity, illustration, advertising, and web-based applications. I understand and agree that neither I nor my guests and/or family members (including my minor child(ren) will be compensated for such use.