Our COVID-19 waiver will be presented on all registrations for acceptance.
RELATING TO COVID-19 EXPOSURE, COVID-19 LIABILITY, AND COVID-19 RISKS, the
people agreeing to this Assumption of Risk, Release and Waiver of Liability, and Indemnity
Agreement are, as follows:
Adult Participant Name: ____________________________
Minor Participant Name(s): _______________________________________________
Minor Participant Age(s): ______________________ ________________________
______________________ ________________________ ______________________
Name of Minor Participant’s Parent or Legal Guardian signing below:
IN CONSIDERATION for myself and/or the minor participant(s) listed above being permitted to use the services and the facilities and/or participate in the programs of __Eastview Athletic Association, Apple Valley, MN (the “Organization”), I, the undersigned, agree to the terms, tenants, representations and warranties in this document. I acknowledge that use of the services and facilities and/or participation in the programs of the organization includes, but is not limited to, observation or use of facilities or equipment, or participation in or acting as a spectator during any program affiliated with the Organization. I also acknowledge that I am agreeing on behalf of myself and/or the minor participants listed above (“participating children”) and any personal representatives, heirs, and next of kin (hereinafter collectively referred to as “I” or "the undersigned"). I further acknowledge, agree and represent that I have inspected or am adequately familiar with and have carefully considered such premises, equipment, and facilities and have considered the Organization’s programs and that I find and accept the same as being safe and reasonably suited for the use or participation by me and the participating children.
In addition, the undersigned acknowledges that novel coronavirus (''COVID-19") infections have been confirmed throughout the United States, including several cases in the undersigned’s own State and locality. In accordance with the most recent guidance and recommendations issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), undersigned’s own State’s Department of Health (DOH) for slowing the transmission of COVID19, the undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating children shall visit or use the facilities, services, and/or programs of the Organization (other than any exclusively online services and programs) within 14 days after (i) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. The CDC Travel Health Network is continuously updating this list and the undersigned agrees that they are aware of this list and the countries listed. If the undersigned or any of the participating children have travelled within 14 days prior to contemplating use of services or facilities or participation in programs, the undersigned agrees to check on a daily basis the CDC Travel Health Notices list (https://www.cdc.gov/coronavirus/2019 ncov/travelers/index.html and https://www.cdc.gov/coronavirus/2019-ncov/travelers/map-and travel-notices.html) prior to participating in or using the facilities, services, and programs of the Organization. The undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating children shall participate in, visit or use the facilities, services, and/or programs of the Organization if he or she (i) experiences symptoms of COVID-19, including, without limitation, fever, cough, loss of sense of taste or smell, or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19.
The undersigned agrees to notify the Organization immediately if he or she believes that any of the foregoing access or use restrictions may apply.
The Organization intends to take the following steps to implement certain recommended guidance and recommendations issued by public health agencies for slowing the transmission of COVID-19. This information can be found in the 2020 EVAA COVID19 Re-Opening Plan, that has been approved by both the Organization’s Borad and the City of Apple Valley through written notice.
It is endeavoring to obtain the access or use restrictions set forth above from each participating adult and parent or legal guardian of participating children. It also plans to deploy measures to further protect players, volunteers and participants as detailed in the 2020 EVAA COVID19 Re- Opening Plan. . The undersigned acknowledges and agrees that the Organization or any volunteer supervising adult on its behalf may cancel access to services, facilities or programs either temporarily or permanently without advance notice if it deems the risks of transmission of COVID-19 are unacceptably elevated or insurmountable, and the Organization may take additional actions as it may deem advisable.
Further, the undersigned acknowledges and agrees that, if the Organization revises its actions and procedures, whether described above or otherwise, at any time, whether based on updated recommended guidance and recommendations issued by public health agencies or for other reasons, s/he further agrees to accept and comply with the Organization’s revised actions and procedures prior to using the facilities and/or services, and/or prior to participating in the programs of the Organization.
The undersigned further acknowledges and agrees that, due to the nature of the facilities, services, and programs offered by the Organization, social distancing of 6 feet per person among children and their fellow participants or others is not always possible.
The undersigned fully understands and appreciates both the known and potential dangers of participating in the programs and/or using the facilities and services of the Organization and acknowledges that use thereof by the undersigned and/or such participating children may, despite the Organization’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death, and, understanding the serious nature of these agreements, the undersigned WILLINGLY ASSUMES ALL RISKS.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE ORGANIZATION’S PROGRAMS, THE UNDERSIGNED HEREBY AGREES TO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Organization or its national governing body organization, or any of their respective directors, officers, employees, volunteers and agents, or any of the fellow participants or their family members or guests, from and for all liability to the undersigned for any loss or damage, and any claim or demands on account of any injury or property damage , including, but not limited to, an illness or the death of, the undersigned or participating children, or any person who may contract COVID-19, directly or indirectly, from the undersigned or participating children, whether caused by the negligence, gross negligence or intentional wrongdoing, active or passive, of the Organization or its national governing body organization, or any of their respective directors, officers, employees, volunteers and agents, or otherwise while the undersigned or such participating children are in, upon, or about the premises or any facilities or using any equipment of or participating in any program of or affiliated with the Organization.
To the extent such statute applies, the undersigned also expressly and knowingly waives all rights under Minnesota Civil Code M.S.A. § 604A.11 (Volunteer Coaches, Officials), which provides: "Valid if: (1) not ambiguous; (2) does not purport to release a defendant from liability for intentional, willful, or wanton acts; and (3) does not violate public policy. "
FURTHER, THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS the Organization or its national governing body organization, or any of their respective directors, officers, employees, volunteers and agents, and each of them, from any loss, liability, damages or costs they may incur, including, but not limited to, reasonable attorney’s fees, whether caused by the Organization’s or by its national governing body organization, or any of their respective directors, officers, employees, volunteers and agents negligence, gross negligence or intentional wrongdoing, active or passive, or otherwise while the undersigned or any participating child is participating in any program of the Organization or in, upon, or about the premises or any facilities or equipment affiliated with the Organization.
The undersigned understands and agrees that the Organization is not required to provide insurance to cover the undersigned or such participating children in the event they suffer illness, injury, death, property loss, theft or damage of any sort upon, or about the premises or any facilities or equipment therein or while participating in any program affiliated with the Organization.
THE UNDERSIGNED further expressly agrees that the foregoing ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the state in which the undersigned resides or participates and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Also, the undersigned agrees that this Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement is intended to be limited to risks and liabilities associated with COVID-19, and it does not modify, amend or alter any assumption or risk, release, waiver or indemnification that was executed prior to this date in consideration of membership or participation in or use of services or facilities of the Organization.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGNED THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE REGARDING THE SUBJECT MATTER HEREOF.
I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE ORGANIZATION IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT ANY ORGANIZATION FACILITY OR DURING PARTICIPATION IN ANY PROGRAM AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM.
I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF A MINOR PARTICIPANT, I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO THE ORGANIZATION THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR PARTICIPANT(S).
Emergency Contact Name: ______________________________
Emergency Contact Number:_____________________________