By indicating your acceptance, you understand, agree, warrant and covenant as follows:
1. Agreement. In consideration of my child's participation, I hereby release and covenant not to sue the San Diego County, Poway Unified School District, Dennis Yeatman, Pacific Lacrosse Camps and any instructors, coaches or agents, from any and all present and future claims resulting from ordinary negligence on the above named player/s for property damage or personal injury arising as a result of engaging in or receiving instruction in lacrosse associated with the youth clinic.
2. 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 FACILITES 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 FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.
3. 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.
4. COVID-19:
I acknowledge, understand, and appreciate that the novel coronavirus infection (“COVID-19”) has been confirmed throughout the United States, including several cases within California and surrounding states. I understanding that COVID-19 extremely contagious and, although the state of medical knowledge is evolving, it is general believed that the virus is spread from person-to-person contact, by contact with contaminated surfaces and objects, and/or in the air. I understand and agree that (i) despite reasonable efforts Pacific Lacrosse cannot prevent me from becoming exposed to, contracting, or spreading COVID-19 while participating in an Pacific Lacrosse Program; and (ii) that due to the nature of the facilities, services, and programs offered by Pacific Lacrosse, social distancing may not be possible.
Therefore, I understand that if I participate in a Pacific Lacrosse Program I may be exposing myself to, or increasing my risk of contracting or spreading, COVID-19. I further understand that if infected with COVID-19 I could be seriously injured, quarantined, disabled, or even die. Moreover, in accordance with guidance and protocols issued by the Centers for Disease Control and Prevention (CDC) and the State of California, regarding slowing the transmission and spread of COVID-19, I agree, represent, and warrant, that I shall not participate in a Pacific Lacrosse Program or visit any facility where a Pacific Lacrosse event is being held if I:
(i) have experienced symptoms of COVID-19 (including without limitation, fever (100º or higher), cough, shortness of breath, excessive tiredness, diarrhea, nausea, loss of smell, or other flu and cold like symptoms) within the last 14 days;
(ii) have been in close contact with anyone who has been a confirmed carrier of the COVID-19 virus; or
(iii) have a suspected or diagnosed/confirmed case of COVID-19.
I hereby forever release and waive my right to bring any suit, action, or proceeding against Poway Unified, Pacific Lacrosse and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with the exposure, infection, and/or spread of COVID-19.
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BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT 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.
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