ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY AND INDEMNITY RELATING TO COVID-19
PLEASE READ CAREFULLY BEFORE SIGNING
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 and have, in many locations, prohibited the congregation of groups of people. The City of Winter Haven has put in place preventative measures to reduce the spread of COVID-19. However, the City of Winter Haven cannot guarantee that you and/or your guests, invitees and attendees will not become infected with COVID-19. Further, use of the City of Winter Haven’s downtown parks and trails, hereinafter “Facility”, could increase your risk of contracting COVID-19. In consideration for utilizing the Facility for 9th Annual Junior League of Winter Haven's Light Up The Night 5k, I hereby acknowledge and agree to provisions set forth herein. By signing this Release and Waiver of Liability and Indemnity Agreement, I acknowledge the contagious
nature of COVID-19 and voluntarily assume the risk that I, my guests, invitees and/or attendees may
be exposed to or infected by COVID-19 by using the City of Winter Haven’s Facility 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 through such use may result from the actions, omissions or negligence of myself and others, including, but not limited to, City employees, volunteers and others. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, my guests, invitees and/or attendees (including, but not limited to, personal injury, disability and death), illness, damage, loss, claim, liability or expense of any kind (“Claims”), that I, my guests, invitees and/or attendees may experience or incur in connection with my use of the City of Winter Haven’s Facility. I hereby release, covenant not to sue, discharge and hold harmless and indemnify the City of Winter Haven, its officers, employees and agents of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind of my guests, invitees and/or attendees arising out of or relating to use of the Facility. This indemnification includes indemnifying the City of Winter Haven for any attorney’s fees and costs that the City incurs as a result of such Claims being indemnified herein. I understand that this release also includes any Claims based on the actions, omissions or negligence of the City of Winter Haven, its officers, employees and agents, whether a COVID-19 infection occurs before, during or after the use of the City of Winter Haven’s Facility. The parties agree that to the extent the written terms of this release conflict with Florida laws, statutes, or public policy, the written terms of this Waiver and Release of Liability and Indemnity shall be deemed by any court of competent jurisdiction to be modified in the most limited extent possible and in such a manner as to be in full and complete compliance with all such laws, statutes, or public policy, and to not contain any unenforceable, or prohibited term or terms, such that this Risk and Waiver of Liability shall be fully enforceable in accordance with and to the greatest extent permitted by Florida
Junior League of Greater Winter Haven – Light Up The Night 5K Waivers
I understand that by registering I have accepted and agreed to the waiver and release agreement(s) presented to me during registration and that these documents include a release of liability and waiver of legal rights and deprive me of the right to sue certain parties. By agreeing electronically, I have acknowledged that I have both read and understood any waiver and release agreements(s) presented to me as part of the registration process and accept the inherent dangers and risks which may or may not be readily foreseeable, including without limitation personal injury, property damage or death that arise from participation in the event.
ACTIVE REGISTRATION AGREEMENT AND LIABILITY WAIVER (the “Agreement and Waiver”)
Authority to Register and/or to Act as Agent. You represent and warrant to The Active Network, Inc. (“Active”) and/or The Junior League of Greater Winter Haven that you have full legal authority to complete this event registration on behalf of yourself and/or any party you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, Active refers to The Active Network, Inc. and any and all subsidiaries, affiliated entities, or entities that control or are controlled by Active singly or together and its officers, employees, contractors, subcontractors and agents.
If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this agreement on their behalf and by proceeding with this event registration, you agree that the terms of this Agreement and Waiver shall apply equally to all Registered Parties. By registering a child under 13, you agree and consent to the collection of that child’s information which you provide for the purposes of registration.
Waiver. YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE ACTIVE AND/OR THE JUNIOR LEAGUE OF GREATER WINTER HAVEN FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENY BY YOUR OR ANY REGISTERED PARTY.
Limitation of Liability; Disclaimer of Warranties. ACTIVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTS FROM (A) THE USE OR THE INABILITY TO USE ACTIVE OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH ACTIVE OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF ACTIVE IS AT YOUR SOLE RISK. ACTIVE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Active makes no warranty that the Active sites’ services will be uninterrupted, secure or error free. Active does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Active site. Active is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Active sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
Indemnification. You agree to indemnify and hold each of Active harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising from or relating to your use of Active or the violation of any term of this Agreement and Waiver as well as the Terms of Service located at: http://www.activenetwork.com/terms-of-use.htm by you.
Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.