I agree to the Terms listed in the Waiver below.
RELEASE OF LIABILITY FOR MINOR PARTICIPANTS
IN CONSIDERATION OF my child/ward being allowed to participate in any way in Community Day School Varsity Athletics-related events and activities at the property and facilities owned by Hershorin Schiff Day Schools of Tomorrow, Inc. d/b/a Community Day School (“CDS”), the undersigned acknowledges, appreciates, and unconditionally agrees that:
The risks of injury and illness (e.g., communicable diseases such as MRSA, influenza, and COVID-19) to my child from participating or otherwise being involved in these events and activities, as well as entering upon CDS property and enjoying its facilities, are significant, including the potential for permanent injury, disability and death, and while particular rules, equipment, and personal discipline may be able to reduce these risks, the risks of serious injury, illness, and death do exist and cannot be eliminated; and,
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FOR MYSELF, MY SPOUSE, AND MY CHILD/WARD, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE IN WHOLE OR PART OF THE RELEASEES, AND ASSUME FULL RESPONSIBILITY FOR MY CHILD/WARD’S PARTICIPATION; and,
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I willingly agree to comply with the program’s stated and customary terms and conditions for participation if any. If I observe any concern in my child’s readiness for participation and/or in the program itself, I will remove my child from participating and bring such concerns to the attention of the nearest organization representative immediately; and,
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FOR MYSELF, MY SPOUSE, MY CHILD/WARD, AND ON BEHALF OF MY/OUR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, I HEREBY RELEASE AND HOLD HARMLESS COMMUNITY DAY SCHOOL VARSITY ATHLETICS AND CDS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, BOARD MEMBERS, TRUSTEES, PROPERTY MANAGER, OFFICIALS, AGENTS, REPRESENTATIVES, EMPLOYEES, VOLUNTEERS, OTHER PARTICIPANTS, SPONSORING AGENCIES, SPONSORS, ADVERTISERS (“RELEASEES”), FROM AND WITH RESPECT TO ANY AND ALL CLAIMS AND LIABILITIES FOR INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY RELATING TO, ARISING FROM, OR OTHERWISE DIRECTLY OR INDIRECTLY INCIDENT TO: (A) MY CHILD’S INVOLVEMENT AND/OR PARTICIPATION IN THESE EVENTS AND ACTIVITIES, AND (B) ENTERING UPON CDS PROPERTY AND ENJOYING ITS FACILITIES, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES, IN WHOLE OR PART, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
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I acknowledge and agree that the above-described events and activities are to be considered community and/or school supported events and activities and I waive any claim to the contrary.
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I, the parent/guardian, represent that I have explained to my child/ward: the risks of the activity, his/her responsibilities for adhering to the rules and regulations, and that my child/ward understands such risks and this agreement.
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If any term or provision of this document shall to any extent be held invalid or unenforceable, it shall be stricken and every other term and provision shall remain in full force and effect to the maximum extent permitted by law.
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IT IS AGREED THAT ANY RIGHT TO TRIAL BY JURY IS UNCONDITIONALLY WAIVED AS TO ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATED, DIRECTLY OR INDIRECTLY, TO ABOVE DESCRIBED EVENTS AND ACTIVITIES.
I, FOR MYSELF, MY SPOUSE, AND CHILD/WARD, HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT WE ARE GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.