In consideration of being allowed to participate in any way in Whimsical Wonderings (Owl Note, LLC) related events and activities, the undersigned:
- Agree that the participant, or the parent(s) and/or legal guardian(s)of the participant, should inspect the facilities and equipment to be used, and if the parent or guardian believes anything is unsafe, he or she should immediately advise the supervisor (advisor, manager, etc.) of such condition(s) and refuse to participate.
- Acknowledge and fully understand that each member/participant will be engaging in activities that involve risk of serious injury and severe social and economic losses which might result not only from their own actions, inactions, or negligence but the action, inaction, and negligence of others, or the condition of the premises or of any equipment used. Further, there may be other risks not known to us or not reasonably foreseeable at this time.
- Assume all the foregoing risks and accept personal responsibility for the damages following such injury, permanent disability or death.
- Release, waive, discharge and covenant not to sue Whimsical Wonderings (Owl Note, LLC) its affiliated clubs, their respective administrators, directors, agents, and other employees of the organization, other members/participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event, all of which are hereinafter referred to as “releases,” from any and all liability to each of the undersigned, his or her heirs and next of kin for any and all claims, demands, losses or damages on account of injury, including death and damage to property, caused or alleged to be caused in whole or in part by the negligence of the releases or otherwise.
WAIVER SARS-CoV-2 A/K/A COVID-19
You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you and/or your child may be exposed to or infected by COVID-19 by receiving the services provided by Whimsical Wonderings, in care of Owl Note, LLC. (“Whimsical Wonderings,” “Owl Note,” or “Company”) and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. You understand that the risk of you and/or your child becoming exposed or infected by COVID-19 at the Whimsical Wonderings premises may result from the actions, omissions, or negligence of your child and others, including but not limited to Whimsical Wonderings and its employees, agents, representatives and independent contractors.
In consideration for being permitted to receive services from Whimsical Wonderings, you voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to you (including, but not limited to, personal injury, disability, and/or death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with receiving service at the Company’s premises. On your and your child’s behalf, and on behalf of your heirs, executors, administrators, personal representatives, and assigns, you hereby release, covenant not to sue, discharge, and hold harmless the Company, its principals, employees, agents, independent contractors, and representatives (collectively the “Releasees”), of and from any and all causes of actions, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes agents, independent contractors, and representatives, whether a COVID-19 infection occurs, before, during, or after receiving services by JLC You further acknowledge and agree that if you institute, or anyone on your behalf institutes any claims against any of the Releasees, this release can and will be used as evidence in court.
You acknowledge that you have carefully read this release in its entirety and fully understand that it is a release of liability. You are aware that this release releases the Company and all the releasees from liability related to the services and activities provided by the Company, and contains an acknowledgment of your voluntary and knowing assumption of the risk of the injury or illness from participation in any of the activities or services provided by Whimsical Wonderings. You have signed this document voluntarily and of your own free will. You understand that you are waiving any right that you may have to bring a legal action to assert a claim against the Company, the Releasees, or either of its/their agents, independent contractors relating to the services or entry to the Company’s premises. You hereby certify and represent that you have read the foregoing and fully understand the meaning and effect thereof, and intending to be legally bound, you have signed this release on the date set forth below. You hereby give your express consent to the execution of this release and you will not revoke your consent.
You agree that neither you nor your heirs, executors, administrators, personal representatives and/or anyone else claiming on your behalf, shall institute any suit or action at law or otherwise, or assist in the prosecution, of any claims against any of the Releasees. You hereby so instruct your heirs, executors, administrators, personal representatives, and/or anyone else claiming on your behalf. In the event of any dispute, litigation between you and the Company relating to or arising out of this release, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs at the pretrial, trial, and appellate levels.