RELEASE WAIVER OF LIABILITY
In consideration of Cardel Rec South allowing my Child’s participation in a Cardel Rec South program or a program held at Cardel Rec South and permitting my or my Child’s use of the Facilities I hereby agree, on my own behalf and on behalf of my Child, and any other party who may claim on my behalf, to the full extent permitted by law, not to commence or participate in any legal proceedings against Cardel Rec South, or its directors, shareholders, officers, employees, instructors, guides, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (the “Releasees”) arising from or in any way related to my or my Child’s attendance at the Facilities and/or my or my Child’s participation in any program offered at Cardel Rec South.
Specifically, I hereby waive any claim that I or my Child have or may in the future have against the Releasees and to release the Releasees from any and all liability for any loss, damage, expense or injury, including death, that I or my Child may suffer, or that my or their next of kin may suffer, as a result of COVID-19, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, RSA 2000, c O-4, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME OR MY CHILD FROM OR WARN ME OR MY CHILD OF THE RISKS, DANGERS AND HAZARDS OF COVID-19.
I also, for myself, my Child, our respective heirs, executors, administrators, successors and assigns, hereby waive any right against, fully release, and forever discharge the Releasees to the full extent permitted by law, from or relating to any and all losses, liabilities, damages, costs and expenses (including medical costs and expenses), demands, legal actions and claims, whether direct or indirect, or any related recourse whatsoever that I, or my Child, have or may have in the future in any way arising from, or in any way related to the Risks, my or my Child’s attendance at the Facilities or my Child’s participation in any programs offered at the Facilities.
All claims outlined in this section will be collectively referred to as the “Claims”.
Also in consideration of Cardel Rec South allowing my Child’s participation in a Cardel Rec South program or a program held at Cardel Rec South and permitting my or my Child’s use of the Facilities as well as other valid consideration, I agree to fully indemnify and defend the Releasees from and against any and all Claims brought against the Releasees, which the Releasees may receive, sustain, suffer, incur, or be liable for, arising from, or in any way related to, my or my Child’s actions or omissions including, but not limited to my or my Child’s attendance at the Facilities or my Child’s participation in a Cardel Rec South program. Both myself and my Child agree and undertake not tot make any claim or take any proceedings against any other person or corporation which might claim contribution or indemnity under the provisions of any statute or otherwise from the Releasees.