ATTENDEE ASSUMPTION OF RISK AND RELEASE OF LIABILITY — COVID-19
Please READ this important document.
While it contains legal information, the purpose is to inform you about the risks of COVID-19 by attending the National Recreation and Park Association (NRPA) 2021 Annual Conference (“NRPA Annual Conference”). Please know that the goal of NRPA is to hold a safe event, but, given the nature of COVID-19, it is not possible to remove all risk. To allow the NRPA Annual Conference to move forward in a hybrid format during the pandemic, NRPA must advise you of the risks and request that you voluntarily sign this release of liability in exchange for the opportunity to attend the in-person portion of the NRPA Annual Conference. Know that it would be financially cost-prohibitive to hold the NRPA Annual Conference absent you signing this release and waiver. It is, as always, your choice on whether to sign and attend in-person. We appreciate your thoughtfulness.
In consideration of the Individual/Entity listed below (“Attendee”) being permitted to attend and/or participate in the in-person portion of the NRPA Annual Conference, and by signing or executing this Release, I, the Attendee, am at least eighteen (18) years of age and fully competent, and have signed or executed below or checked a box on the registration website, acknowledge and agree as follows:
- The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19, and its mutations and variants, is extremely contagious and is believed to spread mainly from person-to-person contact. Various mutations have been discovered which may be more contagious. However, the state of medical knowledge is evolving. People reportedly can be infected and show no symptoms and therefore spread COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death which may be reduced or even eliminated in those who have been vaccinated. Symptoms may be worse for those with various underlying medical conditions.
- As a result, federal, state, and local governments and federal, state, and local health agencies recommend physical distancing, wearing of face coverings, and have, in many locations, prohibited the congregation of groups of people. NRPA has put in place preventative measures to help reduce the spread of COVID-19; however, NRPA cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while participating or attending the in-person portion of the NRPA Annual Conference. Further, these COVID-19 protocols may be insufficient to prevent you from contracting COVID-19 or its mutations and suffering related injuries or death, and/or spreading COVID-19 or its mutations to others, including your family members, friends, and co-workers. Further, attending or participating in any event could increase your risk of contracting COVID-19. It is not possible to prevent the presence of COVID-19 and its mutations. Therefore, if you choose to participate in the in-person portion of the NRPA Annual Conference, you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19, including its mutations.
- That the risk of becoming exposed to or infected with COVID-19 by attending and/or participating in the NRPA Annual Conference may result from the actions, omissions, or negligence of NRPA and its employees, agents, volunteers, representatives, providers, visitors, licensees, and invitees, and any other person that has come in contact with or is attending and/or participating in the NRPA Annual Conference.
The following is written using “I” to confirm that you agree to the following.
ASSUMPTION OF RISK: I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any consequence, including, but not limited to, personal injury, disability, death, illness, damage, loss, claim, liability, or expense, of any kind, I may experience or incur in connection with traveling to or from, or attending and/or participating in the NRPA Annual Conference. I acknowledge and understand that I should not attend and/or participate in the NRPA Annual Conference unless I am medically able and free of COVID-19 or symptoms associated with COVID-19. I voluntarily agree to comply with all NRPA policies and rules, including but not limited to all NRPA policies, guidelines, signage, and instructions set forth by NRPA, and related premises used for the NRPA Annual Conference, and federal, state, or local agencies. My failure to comply with such safety requirements may result in a loss of the right to attend and/or participate in the NRPA Annual Conference.
I further acknowledge that there may be risks and dangers not known to me or NRPA or not reasonably foreseeable at this time. I acknowledge that there are risks and uncertainties inherent in participating, including but not limited to illness, death and/or damage to person or property due to the negligent acts or omissions of NRPA and/or others. These risks may be caused by my negligence or the negligence or inaction of others, including the “Releasees” (defined below). I acknowledge, understand, and agree that all the risks and dangers described throughout this Release, including those caused by my own negligence and/or others, are included within the waiver and release. I acknowledge, understand, and assume the risks, if any, arising from the conditions and use of any locations for the NRPA Annual Conference and related premises and acknowledge and understand that included within the scope of this waiver and release is any cause of action (including any cause of action based on negligence) arising from the performance, or failure to perform, maintenance, inspection, supervision or control of said areas and for the failure to warn of dangerous conditions existing at said areas. It is the purpose of this Release to exempt, waive and relieve Releasees from liability for personal injury, property damage, and wrongful death, including if caused by negligence, if any, of Releasees.
RELEASE: On behalf of myself, my dependents, heirs, executors, administrators and assigns, I waive, release and relinquish, discharge and covenant not to sue, indemnify and hold harmless NRPA, its officers, directors, employees, affiliates, and agents (all referred to together as NRPA) and Releasees (defined below) from any and all claims for liability, cause(s) of action, demands, damages, costs, loss of service, expenses and compensation, including known and unknown, for personal injury, illness, property damage, wrongful death or loss of any kind whatsoever suffered in connection with the NRPA Annual Conference, arising out of participation in the NRPA Annual Conference, whenever or however they occur and for such period the NRPA Annual Conference may continue, even if caused by the negligence (but not the gross, reckless, willful, or fraudulent conduct) of Releasees or third parties, including but not limited to in any way related to COVID-19 and whether a COVID-19 infection occurs before, during, or after participation in the NRPA Annual Conference. I agree that if I am exposed to or infected by COVID-19 during my participation in the NRPA Annual Conference or any travel related thereto, then I may be found by a court of law to have waived my right to maintain a lawsuit against NRPA and the Releasees on the basis of any claim for negligence.
''Releasees'' include NRPA and its officers, directors, employees, affiliates, partners, event hosts, owners and operators of the premises used to conduct any event and each of them, their officers, directors, agents and employees.
I HAVE CAREFULLY READ THIS RELEASE, FULLY UNDERSTAND ITS TERMS AND CONDITIONS, UNDERSTAND THAT THE TERMS AND CONDITIONS ARE CONTRACTUAL AND NOT A MERE RECITAL AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT.
I agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Tennessee and that if any one or more of the provisions contained in this Release, shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability, shall not impact any other provision of this Release, and this Release shall be curtailed, limited or eliminated only to the extent necessary to remove the invalidity, illegality or unenforceability.
In the event that I file a lawsuit against NRPA, I agree to do so solely in the State of Tennessee, and I further agree that the substantive laws of Tennessee shall apply in that action without regard to the conflict of law rules. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of any state or federal court located within Tennessee. Notwithstanding any other term of this Agreement, in no event shall any liability of the Releasees exceed the amount actually paid for the NRPA Annual Conference or One Hundred Dollars ($100), whichever is greater.
If I have signed a separate general waiver/release of liability connected to the NRPA Annual Conference, the terms of that waiver/release are wholly incorporated into this Release and the terms of this Release are incorporated into the separate general waiver/release.
This Release may be executed electronically, and I consent to entering into this Release in electronic form. I acknowledge and agree that consenting to this information through this registration process will have the same force and effect as an original signature for all purposes.