Our COVID-19 waiver will be presented on all registrations for acceptance.
The Organization intends to take steps to implement certain recommended guidance and recommendations issued by public health agencies for slowing or preventing the transmission of COVID-19. This information can be found on the EVAA website, which information has been approved by both the Organization’s Board and the City of Apple Valley through written notice as applicable.
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 fully understand and appreciate both the known and potential dangers of participating in the programs and/or using the facilities and services of the Organization and acknowledge 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, I WILLINGLY ASSUME ALL RISKS.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE ORGANIZATION’S PROGRAMS, I, THE UNDERSIGNED, HEREBY AGREE 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, I, the undersigned, expressly and knowingly waive 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, I, 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.
I, the undersigned, understand and agree that the Organization is not required to provide insurance to cover myself or such participating children in the event I and/or 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.
I, 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 I, 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, I, the undersigned, agree 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).