Waiver
CENTENNIAL RECREATION CLUB
COVID-19 ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT (“Agreement”)

In consideration for being permitted into, on or within the pool, tennis courts, basketball courts, volleyball court, bathrooms, picnic tables, lawn chairs, pool deck and related facilities at the Centennial Recreation Club (collectively “Facilities”), and to participate in related activities, including without limitation swimming, tennis, basketball, volleyball, sunbathing and other activities (“Activities”) at the Facilities located at 1932 Caddoa Dr., Loveland, CO 80538, by signing this waiver I, on behalf of myself and my children (“Releasor(s)”), agree to the following:

1. I am personally responsible for my safety and actions while using the Centennial Recreation Club (“Club”). I agree to comply with all rules, regulations and policies of the Club, including without limitation all policies, guidelines, signage and instructions related to preventing the spread or contraction of COVID-19 at the Facilities. I acknowledge and accept responsibility for maintaining my and my children’s own personal safety, including without limitation utilizing our own PPE, practicing social distancing, washing our hands and/or using hand sanitizer.

2. ASSUMPTION OF RISK. I, for myself and on behalf of my children, am aware of the risks associated with using the Facilities and with full awareness of the contagious nature of COVID-19 and other health-related risks involved. I agree that, I, for myself and on behalf of my children, hereby voluntarily assume the risks that I and/or my children may be exposed to or infected with COVID-19 while at the Club and that such exposure may result in personal injury, illness, permanent disability or death.

3. RELEASE AND WAIVER OF LIABILITY. With full awareness and appreciation of the risks, I, on behalf of myself and my children, and our heirs, executors, personal representatives, successors and assigns forever expressly release, waive, and discharge, the Club, its members, board members, officers, agents, independent contractors, affiliates, employees, instructors, licensors, successors and assigns, as well as the property owners (collectively “Released Parties”) from any and all liability, losses, claims, damages, demands, costs and expenses (including attorney fees) and/or causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, and/or personal injury, including death, illness, and/or permanent disability, related to COVID-19 that may be sustained by me or my children while at the Facilities whether caused by the Released Parties, any third party using the Club, including without limitation members, guests, invitees, staff, and independent contractors, or otherwise while participating in any Activities while in, on, within or around the Facilities.

I understand that I and/or my children am/are assuming the risks set forth herein while using the Facilities and it is my voluntary and informed decision to release any future lawsuits or claims that I or they may have against the Released Parties.

This Release and Waiver is valid and effective whether the damage, loss, personal injury, illness, permanent disability or death is a result of any act or omission on the part of the Released Parties or from any other cause.

4. INDEMNIFICATION. I further agree on behalf of myself and my children and our heirs, executors, personal representatives, successors and assigns to indemnify, defend and hold harmless the Released Parties from any and all claims, causes of action, damages, liability, losses, costs and expenses (including attorney fees) arising in connection with or related to my and/or my children’s use of Facilities and participation in the Activities, including but not limited to personal injuries, illness, permanent disability, death or other claims and causes of action of any kind related to or arising out of our use of the Facilities and/or participation in the Activities by myself, my children or any of my invitees and/or guests, whether related to COVID-19 or otherwise.


5. GOVERNING LAW. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THE ASSUMPTION OF RISK, RELEASE AND WAIVER, AND INDEMNIFICATION AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF MYSELF AND/OR MY CHILDREN TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST THE CLUB, THAT IT INCLUDES AN INDEMNITY PROVISION, AND THAT I AM VOLUNTARILY GIVING UP THIS RIGHT FOR MYSELF AND MY CHILDREN. SHOULD ANY CLAIM BE MADE, I UNDERSTAND AND AGREE THAT I WILL BE RESPONSIBLE FOR ALL ATTORNEY FEES AND DEFENSE COSTS INCURRED BY THE CLUB IN CONNECTION WITH OR IN DEFENSE OF THAT CLAIM.

BY SIGNING BELOW, RELEASOR(S) (OR IF A PARTICIPANT IS A MINOR, PARTICIPANT’S PARENT OR LEGAL GUARDIAN) HAS READ OR REVIEWED THIS AGREEMENT AND VOLUNTARILY AGREES TO BE BOUND BY ITS TERMS.
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