PARTICIPANT RELEASE & WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND IS LEGALLY BINDING. BY SIGNING THIS AGREEMENT, YOU ARE RELEASING THE TOWN OF WEST SENECA FROM ALL LIABILITY AND FOREVER WAIVING ANY AND ALL CLAIMS AGAINST THE TOWN OF WEST SENECA.
ASSUMPTION OF RISK: I, in my legal capacity as myself, my spouse, my children, my minor(s), any other member named on my recreation account (minor or adult), and/or any guests (of any age) that myself and/or anyone named on my account brings to a Town of West Seneca facility, event, activity, program, etc., acknowledge and agree that any use of the Town of West Seneca facilities, services, equipment and premises (“Facilities”) and any participation in Town of West Seneca programs and activities (“Programs”) comes with inherent risks including, but in no way limited to: (1) moderate and severe personal injury, (2) property damage, (3) disability, (4) death, and/or (5) sickness or disease, and (6) loss or theft of personal property. I acknowledge that there may be a future public health emergency and that I must take personal precautions by complying with public health mandates to help protect against the spread of any pathogen when using the Town of West Seneca Facilities and when participating in said Programs. I further acknowledge that this assumption of risk is applicable to any pathogen exposure or infection related to use of the Town of West Seneca Facilities and participation in said Programs. I voluntarily, for myself, my spouse, my children, my minor(s), any other member named on my recreation account (minor or adult), and/or any guests (of any age) that myself and/or anyone named on my account brings to a Town of West Seneca facility, event, activity, program, etc., accept and assume full responsibility for these risks, as well as any and all other risks of the use of Facilities and participation in Programs. I agree that I have full knowledge of the nature and extent of all such risks and am not relying on all such risks being described in this document.
WAIVER, RELEASE, INDEMNIFICATION & COVENANT NOT TO SUE: I, agree on behalf of myself, my spouse, my children, my minor(s), any other member named on my recreation account (minor or adult), and/or any guests (of any age) that myself and/or anyone named on my account brings to a Town of West Seneca facility, event, activity, program, etc., that the Town of West Seneca, its officers, directors, agents, employees, volunteers, insurers and representatives (“Releasees”) will not be liable for any personal injury, property damage, disability, death, sickness or disease incurred by any person named on my account, including any minor, however occurring including, but not limited to, the negligence of Releasees. I understand that all persons named on my account and their guest(s), including any minor, will be solely responsible for any loss or damage, including personal injury, property damage, disability, death, sickness or disease sustained from the use of Facilities and participation in Programs. I, on behalf of those individuals named on my account and any guests brought by said persons: 1) HEREBY RELEASE, WAIVE AND COVENANT NOT TO SUE the Town of West Seneca for any causes of action, claims, suits, liabilities or demands of any nature whatsoever including, but in no way limited to, claims of negligence, personal injury, property damage, loss or theft of personal property, disability, death, sickness, disease or accident of any kind, arising out of or in any way related to the use of Facilities or participation in Programs, and give up any claim seeking damages, whether that participation is supervised or unsupervised, however the injury or damage occurs; and 2) DEFEND, INDEMNIFY AND HOLD HARMLESS Releasees from any and all causes of action, claims, demands, losses, suits, liabilities or costs of any nature whatsoever, including claims of negligence, arising out of or in any way related to the use of Facilities and participation in Programs. I specifically acknowledge the contagious nature of a future public health emergency and that this waiver, release, indemnification, and covenant not to sue are applicable to any pathogen exposure or infection related to use of the Town of West Seneca Facilities and participation in said Programs.
HEALTH: I understand the Town of West Seneca requires a doctor’s physical and immunization records at the time of registration for some programs and that if I fail to upload these documents during the time of registration, a space in the program will not be held and a refund will not be issued. I understand that I am required to list any and all health issues which include physical, mental, specific needs, allergies, etc., for each person on my account, together with any changes at a later time, and that if a program participant attends a program and the Town becomes aware that they were not informed of any physical, mental, specific needs, allergies, etc., at the time of registration, the program participant will not be allowed to stay at the program and no refund will be issued. The Town cannot administer medicine to any adult or child, including, but not limited to, sunscreen and no medicine for any youth or adult is allowed at any Town program unless discussed with the Town first. I understand the Town reserves the right to contact 9-1-1 at any time, for any health issue, illness, or injury for any program participant without notifying parents, guardians, spouses, emergency contacts, etc. I hereby give permission for 9-1-1 services to take custody of the person and/or care. I understand that if myself, my spouse, my children, my minor(s), any other member named on my recreation account (minor or adult), and/or any guests (of any age) that myself and/or anyone named on my account brings to a Town facility, event, activity, program, etc., does not have updated immunizations that I am obligated to notify the Town of West Seneca at time of registration for any program or facility. I understand the Town of West Seneca cannot help any person with toileting, diapering, changing of clothes, etc.
ILLNESS: I, on behalf of myself, my spouse, my children, my minor(s), any other member named on my recreation account (minor or adult), and/or any guests (of any age) that myself and/or anyone named on my account brings to a Town of West Seneca facility, event, activity, program, etc. agree that in the event of any illness and/or injury and/or any exposure to any public health pathogen, I, on behalf of myself, my spouse, my children, my minor(s), any other member named on my recreation account (minor or adult), and/or any guests (of any age) that myself and/or anyone named on my account will not attend any program or enter any Town facility for which exposure to any other individual is even remotely possible.
REFUNDS/CANCELLATIONS/RELEASE OF CHILDREN: I understand the Town does not offer any refunds for any reason, at any time, except if the Town cancels the entire length of a program.I understand the Town does not pro-rate any program fees and that program fees/registrations cannot be transferred to another account. Fees will not be refunded or adjusted should the person be removed/ejected from a program, fail to attend a program, withdraw from a program, leave a program, etc.All fees due at registration. Unpaid fees forfeit program space and prior payments. Credit card, check, and other processing fees are non-refundable in all cases. The Town reserves the right to cancel programs at any time without notice or rescheduling. Participants are responsible for labeling belongings and bringing their own water bottle. The Town is not liable for lost or stolen items. You grant permission for the Town to use photos/videos of you and your guests at Town events for any purpose. Authorized Pick-Up: Only listed emergency contacts or those with written permission and ID can pick up your child. Pick-Up Time: Children must be picked up by program end time to avoid late fees (details on program page) or potential police involvement.
ACKNOWLEDGEMENT: I AGREE TO ALL OF THE ABOVE FOR myself, my spouse, my children, my minor(s), any other member named on my recreation account (minor or adult), and/or any guests (of any age) that myself and/or anyone named on my account brings to a Town of West Seneca facility, event, activity or program.
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