Miami Dynasty Release of Liability and Assumption of Risk
The individual named below (referred to as “I” or “me”) desires to enter the premises of Divine Savior Academy Doral, a Florida non-profit entity, (the “DSA”) located at 10311 NW 58TH Street Doral, Florida 33178 (the “Premises”) to participate in activities organized by Miami Dynasty Basketball, a Florida non-profit entity (the “Activity”). As lawful consideration for being permitted by Miami Dynasty to be on the Premises and engage in the Activity, I agree to all terms and conditions set forth in this agreement (this “Agreement”).
1. I am aware of the contagious nature of bacterial and viral diseases including the 2019 novel coronavirus disease (COVID-19) and other infectious diseases (collectively, the "Disease") and the risk that I may be exposed to or contract the Disease by being on the Premises and engaging in the Activity. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, or property damage. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including Miami Dynasty employees. I understand that while the Miami Dynasty has implemented preventative measures to reduce the spread of the Disease, Miami Dynasty cannot guarantee that I will not become infected with the Disease while on the Premises and that being on the Premises may increase my risk of contracting the Disease. NOTWITHSTANDING THE RISKS ASSOCIATED WITH THE DISEASE, I ACKNOWLEDGE THAT I AM VOLUNTARILY ENTERING THE PREMISES TO ENGAGE IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATED TO THE DISEASE, ARISING FROM MY BEING ON THE PREMISES OR ENGAGING IN THE ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE DSA OR OTHERWISE.
2. I hereby expressly waive and release any and all claims, now known or hereafter known, against the DSA and or Miami Dynasty, and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, "Releasees"), on account of injury, illness, disability, death, or property damage arising out of or attributable to my being on the Premises or engaging in the Activity and being exposed to or contracting the Disease, whether arising out of the negligence of the DSA, Miami Dynasty or any Releasees or otherwise. I covenant not to make or bring any such claim against the DSA, Miami Dynasty or any other Releasee, and forever release and discharge the DSA, Miami Dynasty and all other Releasees from liability under such claims.
3. I am familiar with federal, state, and local laws, orders, directives, and guidelines related to the Disease, including the Centers for Disease Control and Prevention (CDC) guidance on the Disease. I will comply with all such orders, directives, and guidelines while on the Premises, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings. I will also follow all instructions of Miami Dynasty while on the Premises. I agree not to enter the Premises if I am experiencing symptoms of the Disease (such as cough, shortness of breath, or fever), have a confirmed or suspected case of the Disease, or have come in contact in the last 14 days with a person who has been confirmed or suspected of having the Disease.
4. I shall defend, indemnify, and hold harmless the DSA, Miami Dynasty and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by/awarded against the DSA, Miami Dynasty or any other Releasees, arising out or resulting from any claim of a third party related to the Disease due to my engaging in the Activity or being on the Premises.
5. This Agreement constitutes the sole and entire agreement of Miami Dynasty and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of Miami Dynasty and me and our respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
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