ALL ADULT SPORTS PROGRAM PARTICIPANTS MUST SIGN THE FOLLOWING CITY OF CONCORD COVID-19/CORONAVIRUS LIABILITY WAIVER AND RELEASE TO BE ELIGIBLE FOR ANY AND ALL LEAGUE PLAY.
CITY OF CONCORD COVID-19/CORONAVIRUS LIABILITY WAIVER AND RELEASE, AND INDEMNITY AGREEMENT
On behalf of myself and/or my son, daughter, or person for whom I serve as legal guardian (the “Participant”), I acknowledge with my signature that the Participant wishes to participate in a City of Concord Parks & Recreation Department activity or program (“activities or programs”).
I understand that by participating in City of Concord activities and programs there is an inherent risk of potential exposure to infectious diseases, including but not limited to COVID-19/Coronavirus. The risk of potential exposure cannot be eliminated. On behalf of myself, the Participant, my heirs and dependents, personal representatives, assigns and insurers, I now voluntarily and knowingly release and hold harmless the City of Concord, its officers, employees, volunteers, agents, successors in interest, insurers, contractors, suppliers, vendors, assigns, and any persons or entities with which/whom the City is affiliated (hereinafter collectively referred to as the “City”), from any and all liability, lawsuits, or claims for injuries, death, or property damage resulting from, arising out of, or in any way connected with Participant’s participation in the activities and programs (collectively “Claims”), including but not limited to Claims arising out of or in any way related to any emergency medical care administered, any illness or infection or disease, and COVID-19 or Coronavirus related health issue or exposure. This waiver and release shall apply even in the event that such personal injury, death, or property damage is caused or contributed to in whole or part through the passive or active negligence of the City (with the exception of sole, active negligence).
I agree to defend, hold harmless, and indemnify the City from and against any and all Claims (including attorney’s fees) arising out of, or in any way related to Participant’s participation in the activities and programs, any actual or alleged negligence of myself or Participant, any emergency medical care administered, any illness or infection or disease, and/or COVID-19 or Coronavirus related health issue or exposure.
I/WE HAVE READ THIS WAIVER AND RELEASE IN ITS ENTIRETY. I/WE FULLY UNDERSTAND IT, AND RECOGNIZE THAT THIS WAIVER AND RELEASE IS A LEGALLY BINDING DOCUMENT. I/WE UNDERSTAND THAT BY EXECUTING THIS WAIVER AND RELEASE, WE ARE VOLUNTARILY ASSUMING THE RISKS DESCRIBED HEREIN, AND WAIVING OUR LEGAL RIGHTS ASSOCIATED THEREWITH.
ALL ADULT SPORTS PROGRAM PARTICIPANTS MUST SIGN THE FOLLOWING CITY OF CONCORD TEAM ROSTER AND RELEASE AND HOLD HARMLESS AGREEMENT TO BE ELIGIBLE FOR ANY AND ALL LEAGUE PLAY.
Release and Waiver: I wish to participate in the City of Concord’s Adult Softball Program (hereinafter “Softball Program”). I am informed and understand that the game of adult softball poses unavoidable risks of physical harm to me, including but not limited being struck by a softball bat or a pitched/hit softball, and or injured while running, fielding, and/or engaging in the many other vigorous bodily movements and physical demands that adult softball entails. I am aware that the forgoing risks (as well as other risks attendant to adult softball) pose the threat of property damage, serious personal injury, and even death.
By participating, in the Softball Program, I certify my acknowledgment, recognition and voluntary assumption of these risks. In consideration of being allowed to participate in the Softball Program, I release, waive, and discharge the City of Concord, its elected and appointed officials, agents, representatives, volunteers and employees (collectively, “City”) from any and all liability for property damage, personal injury, or death suffered by me that arises out of or is in any way related to my participation in the Softball Program. This release applies even in the event that such property damage, personal injury or death arises out of active negligence on the City’s part, but does not apply to sole negligence or intentional/reckless misconduct by the City.
Player Responsibility: I understand it is my responsibility as a player to know, understand, and agree to the City of Concord Adult Softball Rules and Code of Conduct.
Hold Harmless: I will indemnify and hold the City harmless from and against any and all claims, lawsuits, or demands for monetary reimbursement of any nature arising from my participation in the Softball Program. I will pay all costs incident to any such claim, lawsuit or demand, including, without limitation, attorney’s fees and costs and indemnification of any judgment, settlement or award. I expressly agree that the foregoing release, waiver, and hold harmless agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance of the agreement will continue in full legal force and effect.
Use of participant photographs: In addition to the forgoing, I give consent to Concord Parks & Recreation Department or any other media agency to photograph me (or the minor on whose behalf I am signing this waiver), and to use such photographs in brochures, newspapers or other forms of media describing City of Concord activities.
I have read and voluntarily sign the release, waiver and hold harmless agreement, and further agree that no oral representatives, statements, or inducements apart from the foregoing written agreement have been made.