In consideration of participation in this Nicklaus Children’s (“Event”), I, the undersigned, for myself/as the
parent/guardian of a minor(s) (collectively “Minor”), agree to indemnify and hold
Nicklaus Children’s Health System, Nicklaus Children’s Hospital, Nicklaus Children’s
Hospital Foundation, and its affiliated entities, and their respective employees, agents,
directors, officers, and other representatives (collectively, “NCH”) harmless and hereby waive,
release and discharge any and all known and unknown, foreseen and unforeseen claims, demands, rights
and causes of action for damage, death, personal injury, bodily injury (including illness and communicable
disease) or property damage which I/Minor may have or which hereinafter may accrue to me/Minor
against NCH from and against any liability arising out of or connected in any way with my/Minor’s
participation in this Event, even though that liability may arise out of active or passive
negligence or carelessness on the part of NCH. It is further understood and agreed that
this waiver, release, and assumption of risks has been freely
entered into and is to be binding on my/our heirs and assigns.
Additionally, I fully understand that that my/Minor’s participation
in the Event exposes me/Minor to the risk of personal injury, death, communicable diseases,
illnesses, viruses, and/or property damage. Knowing the risks, nevertheless, I hereby
acknowledge that I/Minor am voluntarily participating in this activity and I agree to
assume those risks on behalf of myself/Minor and to release and to hold harmless
NCH who (through negligence or carelessness) might otherwise be liable to
me/Minor (or my/our heirs or assignees) for damages.
Communicable Diseases:
I agree, understand, and acknowledge, on behalf of myself/Minor, that an inherent
risk of exposure to communicable or infectious diseases,including, but not limited to, COVID-19 (as
defined by the World Health Organization and any strains, variants, or mutations
thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), exists in
any public place where people are present. “Communicable disease” means any disease or illness
caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or
indirectly, from one person to another. “Infectious disease” means any disease or illness
caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body,
multiply, and can cause an infection. For example, COVID-19 is an extremely contagious communicable
disease that can lead to severe illness and death. No precautions can eliminate the risk
of exposure to COVID-19, and the risk of exposure applies to everyone. According to the Centers
for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people
of any age who have underlying medical conditions might be at higher risk for severe
illness and death from COVID-19. I acknowledge that the risk of exposure to any communicable
or infectious disease includes the risk of exposing others I/Minor
later encounter, even if I/Minor am/are not experiencing or displaying any symptoms of illness.
I acknowledge and agree to voluntarily assume any and all risks in any way related to
my/Minor’s exposure any and all other communicable or infectious disease, including
illness, injury, or death of myself, Minor, or others, and including, without limitation, all
risks based on the sole, joint, active or passive negligence of NCH. I acknowledge that
my/Minor’s participation in the Event is entirely voluntary. By my/Minor’s participation in
the Event, I attest I am knowledgeable about the individual risk of developing severe
illness if I/Minor am/is infected with a communicable or infectious disease, including, but not
limited to, COVID-19; I have made an informed decision about my/Minor’s participation in the Event based on my/Minor’s
individual risk; and have decided whether to consult with a health care provider
based on such individual risk. I further acknowledge and agree that I/Minor will follow
all health and safety protocols issued by NCH or any health authority during the time of the Event.
WITH MY SIGNATURE BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ
THIS RELEASE, WAIVER AND HOLD HARMLESS AGREEMENT AND FULLY UNDERSTAND AND AGREE WITH
ITS CONTENTS, INCLUDING THE INFORMED CONSENT ABOUT COMMUNICABLE DISEASES. I AM AWARE THAT THIS IS
A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND NCH AND I SIGN IT OF MY FREE WILL.
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