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.