WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
In consideration for receiving permission to BE ON PREMISES at TOWN OF WAKE FOREST FACILITIES (hereinafter the “Activity or Activities”), I, on behalf of myself and any minor child/children for whom I have the capacity to contract, hereby acknowledge and agree to the following:
1. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
2. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Activities.
3. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children form whom I have the capacity contract) The Town of Wake Forest, officers, directors, agents, employees and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the Activities.
4. I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury.
5. It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the abovenamed RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of North Carolina.
I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES. IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
Your likeness may be captured by the Town of Wake Forest for use in promotional, news or informational media. Your participation in this activity implies your consent. If you do not wish for your photo to be used, please contact the Parks, Recreation and Cultural Resources Department at 919-435-9560.
Class fees are 100% refundable when the class is cancelled by the PRCR Department. Anyone withdrawing from a class that has not been cancelled by PRCR must request a refund, in writing, at least 10 business days in advance of the scheduled start of the class. Refunds will not be given for withdrawals made less than the 10 business day period other than for verified medical/hardship cases.
Athletic fees are 100% refundable if requested before the participant's first assigned team practice. After the first team practice, refunds will not be granted. Anyone withdrawing from an Athletic Program must request a refund, in writing, in order for a refund to be processed. Note that late registration fees, if paid, are non-refundable.