TODAY'S DATE: March 28, 2024 Assumption of the Risk and Waiver of Liability Relating to Coronavirus/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. Challenge Sonoma Adventure Ropes Course (CSARC) has put in place preventative measures to reduce the spread of COVID-19; however, CSARC cannot guarantee that you or your children will not become infected with COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my children and I may be exposed to or infected by COVID-19 by attending the ropes course 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 the course may result from the actions, omissions, or negligence of myself and others, including, but not limited to, CSARC employees and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my children or myself (including but not limited to personal injury, disability, and death), illness, damage, loss, claim, liability or expense of any kind, and that I or my children may experience or incur in connection with participation in CSARC programming. I hereby release, covenant not to sue, discharge, and hold harmless CSARC, 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 CSARC, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any CSARC activity. Signature of Participant or Parent/Guardian: In consideration of being permitted to enter upon the property of the Sonoma Developmental Center and to attend and participate in the Challenge Sonoma Ropes Course (hereinafter referred to as "COURSE"), I hereby agree as follows: 1. I am aware that certain elements of the COURSE are physically demanding. I do not have any medical or physical conditions which would impair or effect my ability to engage in those activities or which would cause any risk of harm to myself or to other participants or otherwise endanger my health while attending or participating in the COURSE. 2. I am further aware that the activities of the COURSE are dangerous, and accidents can occur involving the risk of serious injury to my person and/or death and/or damage to my property. Knowing the risks of participating in the COURSE, I ASSUME FULL RESPONSIBILITY FOR ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE AND HOLD HARMLESS the State of California and the Sonoma Developmental Center, their officers, agents and employees (hereinafter collectively referred to as "STATE") and the officers, agents, and volunteers of the COURSE from any and all loss, liability, injury, damage or cost which may arise out of or in connection with my presence on the campus of Sonoma Developmental Center as well as which may arise out of or in connection with my enrollment, attendance and/or participation in the COURSE, whether caused by the negligence of the COURSE or otherwise. 3. I WAIVE, RELEASE AND DISCHARGE any and all claims, rights and/or causes of action which I now have or may have against either STATE or Challenge Sonoma or both for personal injury, property damage or wrongful death resulting from or in any way related to being on the Sonoma Developmental Center Campus, enrolling in, attending or otherwise participating in the COURSE whether such personal injury, property damage or wrongful death arose out of the negligence of STATE or the COURSE or otherwise. Therefore, under no circumstance will I prosecute or present any claim for personal injury, property damage or wrongful death against either STATE and/or the COURSE or both whether the same shall arise from the negligence of STATE and/or the COUSRE or otherwise. 4. The forgoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of this State, and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full force and effect. 5. This agreement is binding on my heirs, assignees, dependents, personal representatives and estate. 6. No oral representations, statements or inducements have been made to me to cause me to inter into this agreement. I HAVE READ THIS AGREEMENT, AND I UNDERSTAND IT IS A RELEASE OF ALL CLAIMS FOR INJURIES AND DAMAGES. I VOLUNTARILY SIGN MY NAME EVIDENCING ACCEPTANCE OF THE PROVISIONS IF THIS AGREEMENT. IF UNDER 18 YEARS OF AGE, SIGNATURE OF PARENT OR GUARDIAN IS REQUIRED. PROOF OF AGE IS REQUIRED. |