June 9, 2020
In consideration for such Activities, Participant agrees, covenants and warrants as follows:
RELEASE: Participant hereby expressly waives and releases any and all claims, now known or hereafter known, against Providers, and their officers, directors, employees, agents, affiliates, shareholders, members, trustees, sponsors, successors, and assigns (collectively, “Releasees”), on account of injury, death, or property damage arising out of or attributable to Participant's participation in the Activities, whether arising out of the negligence of the Providers or any Releasees or otherwise. Participant covenants not to make or bring any such claim against the Providers or any other Releasee, and forever release and discharge the Providers and all other Releasees from liability under such claims.
Participant agrees that, in the event Participant should sustain any type personal or economic injury, or die, during or in conjunction with the Activities, Participant, Participant's heirs, successors, assigns, and/or Participant's spouse, parent(s), and children will look solely to health insurance, disability insurance, life insurance or any other type of insurance maintained by Participant solely at Participant's expense. Further, Participant waives any right to subrogation which might otherwise arise against Providers, any officer, director or volunteer of Providers, as a result of payment of any such insurance claim.
ASSUMPTION OF RISK
PARTICIPANT IS AWARE AND UNDERSTANDS THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT IS KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE PROVIDERS OR OTHERWISE.
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 and have, in many locations, prohibited the congregation of groups of people.
The Quillian Memorial Center (“the Center”) has put in place preventative measures to reduce the spread of COVID-19; however, the Center cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the Center could increase your risk and your child(ren)'s risk of contracting COVID-19.
By signing this agreement, Participant acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that Participant's child(ren) and Participant may be exposed to or infected by COVID-19 by attending the Center and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Participant understands that the risk of becoming exposed to or infected by COVID-19 at the Center may result from the actions, omissions, or negligence of several individuals, including, but not limited to, Center employees, staff, volunteers, and program participants and their families.
Participant voluntarily agrees to assume all of the foregoing risks and accept sole responsibility for any injury to Participant's child(ren) or Participant (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that Participant or Participant's child(ren) may experience or incur in connection with Participant's child(ren)'s attendance at the Center or participation in Center programming (“Claims”).
Participant hereby releases, covenants not to sue, discharges, and holds harmless the Center, 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 the Center, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Center program.
The parties to this agreement acknowledge that no representations have been made by either party other than those contained on the face of this agreement, and that this agreement contains all terms to the agreement between the parties. The parties to this agreement acknowledge that they have each had an opportunity to review and consider every term contained in this agreement. The parties hereby acknowledge that they have read and understood each provision, term, and obligation contained in this Agreement. This Agreement, although drawn by one party, shall be construed fairly and reasonably and not more strictly against the drafting party than the nondrafting party. The parties further acknowledge that they have executed this legal document voluntarily and of their own free will. In the event that any lawsuit is filed between the parties to this agreement, or any of the parties contemplated by this agreement, any such lawsuit shall be filed in Harris County, Texas.
Participant acknowledges, consents and agrees that Provider may photograph Participant (parent and/or children) for a Quillian Memorial Center or First United Methodist Church of Houston publication.
Quillian Memorial Center Zero Tolerance Policy
Anyone who behaves in a manner contrary to sportsmanlike conduct in a Christian atmosphere and whose actions shall be subject to removal (the “Violating Party”) shall be suspended for a period up to two (2) weeks from participation in Activities. During this time Provider may conduct investigations to determine if the conduct had a propensity to cause serious bodily harm, damage to property, or is otherwise in significant contravention of the Christian principles fostered by Provider. If the Quillian Ministry Team, after meeting for the purpose of making a determination on the suspension, rules by majority that the suspension was warranted, the Violating Party will be suspended for one (1) year. No refunds will be issued and at no time during the suspension will the party be allowed to attend or participate in activities at Quillian Center. Quillian Center may consider alternative forms of restrictions other than suspension.
Participant has read and hereby agrees to adhere to the Zero Tolerance Policy regarding youth and adult sports, as well as the pool rules. It is each Participant's responsibility to maintain fair play and sportsmanship in a Christian atmosphere.