WAIVER OF LIABILITY

RELATING TO CORONAVIRUS/COVID-19

 

Whereas     High Desert, Desert Aquatics (DSRT) has established itself as a premier youth sports program in the High Desert area and one of the top club swim teams in Southern California. Offers a comprehensive program that satisfies the needs of novice swimmers to Olympic hopeful athletes.

 

Whereas    DSRT Aquatics are of such value to Parents, Guardians, and Swimmers that they desire to join, or to resume swimming, competing, training and traveling with DSRT even given the risks posed from COVID-19 as set forth herein.

 

Whereas in order to accomplish the goals DSRT, the Coaches, paid and unpaid, are required to spend numerous hours with the Swimmers, Parents, Guardians, and Volunteers which itself represents a risk to the Coaches themselves. The Coaches recognize the great benefits of DSRT and are willing to assume the risks posed from COVID-19 as set forth herein.

 

Whereas the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.

 

Whereas DSRT cannot prevent its Swimmers, Parents or Guardians of Swimmers, Coaches, or Volunteers from becoming exposed to, contracting, or spreading COVID-19 while training, swimming, coaching, traveling or volunteering with DSRT Aquatics or on the premises where DSRT Aquatics swim, train and compete. It is not possible to prevent against the presence of the disease. Therefore, if you choose to resume swimming, training, coaching, traveling or volunteering with DSRT and/or enter onto the premises where DSRT swim, train and compete, you may be exposing yourself and your children to, and/or increasing your risk of contracting or spreading COVID-19.

 

ASSUMPTION OF RISK 

Swimmers and Parents or Guardians

 

 ___________________________ and ___________________________, the parents or guardians (“Parents or Guardians”) of ___________________________, ___________________________ , ___________________________ , and ___________________________ (“Swimmer” or “Swimmers”) have read and understand the above warning concerning COVID-19. Parents or Guardians and Swimmer(s) hereby choose to accept the risk of contracting COVID-19 in order to resume swimming, training, competing and traveling with DSRT Aquatics and/or enter onto the premises where DSRT swim, train and compete. DSRT Aquatics are of such value to Parents or Guardians and Swimmer(s) that they accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to resume swimming, training, competing, and traveling with the Sandpipers and/or enter onto the premises where DSRT swim, train and compete.

 

ASSUMPTION OF RISK

 

Coaches ___________________________ (“Coach”) has read and understands the above warning concerning COVID-19. Coach hereby chooses to accept the risk of contracting COVID-19 in order to coach, train, compete and travel with DSRT Aquatics and/or enter onto the premises where DSRT swim, train and compete. DSRT are of such value to Coach that he or she accepts the risk of being exposed to, contracting, and/or spreading COVID-19 in order to coach and train with DSRT Aquatics and/or enter onto the premises where DSRT swim, train and compete.

 

ASSUMPTION OF RISK

 

Volunteers ___________________________ (“Volunteer”) has read and understands the above warning concerning COVID-19. Volunteer hereby chooses to accept the risk of contracting COVID-19 in order to volunteer with DSRT Aquatics and/or enter onto the premises where DSRT swim, train and compete or traveling with DSRT Aquatics. DSRT are of such value to Volunteer that they accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to volunteer with DSRT and/or enter onto the premises where DSRT swim, train and compete.



 

WAIVER OF LAWSUIT / LIABILITY

 

Further, Parents, Guardians, Swimmers, Coaches, and Volunteers hereby forever release and waive their right to bring suit against DSRT Aquatics, its officials, employees, coaches, members and/or volunteers in connection with exposure, infection, and/or spread of COVID-19 related to resuming swimming, training, competing and traveling with DSRT and/or entering onto the premises where DSRT swim, train and compete. Parents or Guardians and Swimmer(s) understand that this waiver means they waive their rights to bring any claims, including without limitation, any claim for personal injuries, death, disease or property losses, or any other loss. This includes, but is not limited to, claims of negligence, or for any damages whatsoever, whether known or unknown, foreseen or unforeseen.


 

CHOICE OF LAW

 

Parents or Guardians, Swimmers, Volunteers and Coaches understand and agree that the law of the State of California will apply to this contract and that the Superior Court of Victorville for San Bernardino County shall be the venue for any such claim.

 

 I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE: 

 

I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release.