CHERRY CREEK SCHOOL DISTRICT Grandview High School PERMISSION TO PARTICIPATE/RELEASE, ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF PERSONAL RESPONSIBILITY AND INDEMNITYI/We, the undersigned Parents/Guardians of GHS Senior Student (herein Child), hereby give our consent and permission for our child to participate in and attend the Grandview Senior Celebration I/we understand that during my child’s participation in the Activity; he/she may be exposed to risk or possible injury. I/we understand that I/we assume the risk for any injuries or damages resulting from my child’s participation in this activity.I/we have accepted responsibility to verify with my physician that my child has no physical or psychological problems that would prohibit his/her participation in the activity, and agree to advise my child to comply with the instructions and directions of the School District, agents, volunteers and/or employees as participants in this activity.I/we, in return for my child’s opportunity to participate in the Activity do hereby exempt and release Cherry Creek School District, its directors, officers, employees, volunteers and agents from any and all liability, claims, demands or actions whatsoever arising out of any damage, loss or injury that my child or I/we might sustain while my child is participating in the activity, whether or not such damage, loss or injury results from the acts or omissions of Cherry Creek School District, its directors, officers, employees, volunteers or agents. I/we understand that if I/we do not sign this Release, then my child will not be permitted to participate in the Activity. I/we hereby represent that I am/we are 18 years of age or older, and that I am/we are the parent(s) guardian(s) of the Participant. I/we further acknowledge that no representations or promises by Cherry Creek School District representatives have been made to induce me to sign this Release. I/we further agree to indemnify, hold harmless and defend Cherry Creek School District, from any claim, cause of action or demand, of any sort or nature, which may at any time be filed or asserted by the Participants participation in the Activity which indemnification shall include any costs and attorneys’ fees that may be incurred as a result of any claims, causes of action or demands. This release is valid and effective whether the damage, loss or injury is a result of any act or omission on the part of Cherry Creek School District or its agents, volunteers, or employees. I understand that I voluntarily give up my right to sue the above-mentioned parties.The Parent/Guardian and Student understand that the World Health Organization, the US Center for Disease Control, and the Governor of the State of Colorado have declared a global, nationwide and statewide pandemic of the coronavirus that causes the disease called COVID-19, that there is currently no vaccine or medical cure for COVID-19, that the coronavirus that causes the disease is said to be extraordinarily easy to transmit between people, and that gatherings of large numbers of people or people in close proximity to one another are believed to be the main cause of the spread of COVID-19. Accordingly, any gathering of people, including athletics and clubs, are or can be inherently dangerous and unpredictable, and that serious illness or even death can occur because of a person’s participation in such an activity. 2. The Parent/Guardian and the Student have no reason to believe that the Student has COVID-19. 3. The Student does not have any of the following symptoms: fever, cough, shortness of breath, fatigue, muscle pain, chills, headache, diarrhea, nausea, sore throat, or any other symptoms associated with COVID-19. 4. If the Student has such symptoms as those listed in #3 above, the Parent/Guardian and the Student believe that the symptoms are caused by an illness, injury or condition that is not related to COVID-19. 5. Within the past 14 days the Student has not had close contact with a person having or suspected of having COVID- 19. 6. Within the past 14 days, neither the Student nor anyone in the Student’s household has traveled to any country, state, or city with widespread COVID-19 diagnoses. 7. Parent/Guardian and Student agree that if Student, or any person residing in Student’s household begin to experience symptoms of COVID-19, or if Student, or any person residing in Student’s household, are notified of exposure to or infection with COVID-19 that Student will immediately cease participating in athletics and/or clubs. Furthermore, if Student, or any person residing in Student’s household are notified of a diagnosis of COVID-19 and Student has participated in athletics and/or clubs within the last fourteen (14) calendar days from the date of diagnosis, that Parent/Guardian and Student will immediately notify the District of the diagnosis. 8. Parent/Guardian and Student acknowledge that they are aware that by participating in athletics and/or clubs that there is a risk of being exposed to COVID-19, and/or any mutation or variation thereof. Parent/Guardian and Student are also aware that such an exposure can occur either directly or indirectly whether or not a mask and/or gloves are worn, and that District cannot guarantee that by participating in the Activity that there will be no exposure to COVID-19. Parent/Guardian and Student further acknowledge that while certain individuals are more susceptible to becoming seriously ill if they contract COVID-19 (such as people over 65, people with serious underlying health conditions, and those with compromised immune systems), anyone, including a healthy person, is susceptible to contracting COVID-19. The Parent/Guardian and Student affirm that they are aware of the kinds of risks the Student will face in connection with athletics and/or clubs and recognize that the District is unable to protect the Student from all such risks. 9. The Parent/Guardian, and the Student understand and agree that the Student’s participation athletics and/or clubs shall be at the Parent/Guardian and Student’s sole risk, and while the District seeks to do what is reasonable to ensure that participants in such activities are safe and protected, the District cannot guarantee the Student’s safety, and the District expressly disclaims any representation or undertaking that athletics and/or clubs are safe for the Student and further disclaims any and all liability or responsibility for any illness or infection, including, but not limited to COVID-19, that may occur from or in connection with athletics and/or clubs. 10. Parent/Guardian and Student understand and acknowledge that the District cannot eliminate the risk of exposure to COVID-19 and by signing this HOLD HARMLESS, RELEASE AND WAIVER OF LIABILITY AGREEMENT, Parent/Guardian and Student fully and knowingly agree to ASSUME ALL RISKS associated with participating in the athletics and/or clubs and the exposure to or the infection of COVID-19, including any risk of illness, bodily injury, permanent disability and/or death related, directly or indirectly, to COVID-19. 11. Parent/Guardian and Student hereby voluntarily and knowingly agree to RELEASE, WAIVE, AND DISCHARGE District, including its officers, directors, employees, agents, and/or volunteers, (hereinafter “Releasees”) for any and all losses or damages resulting from illness, bodily injury, temporary or permanent disability, and/or death, whether caused by negligence of Releasees or which might occur as a result of participation in athletics and/or clubs that are related, directly or indirectly, from exposure to or infection with COVID-19. 12. To the maximum extent allowed by law, Parent/Guardian and Student hereby agree to INDEMNIFY AND HOLD HARMLESS the Releasees from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, exposure to or the infection of COVID-19, or arising from or out of, or relating to, directly or indirectly, exposing or infecting others with COVID-19. 13. Parent/Guardian and Student agree that this HOLD HARMLESS, RELEASE AND WAIVER OF LIABILITY AGREEMENT is to be binding upon spouses, children, heirs and assigns, and that the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Colorado. 14. PARENT/GUARDIAN AND STUDENT HAVE READ AND UNDERSTAND THE ABOVE AND AGREE TO BE BOUND BY THE TERMS OF THIS DOCUMENT. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF MYSELF AND/OR MY CHILD/WARD TO BRING LEGAL ACTION OR ASSERT CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST CHERRY CREEK SCHOOL DISTRICT. IF ANY ATTEMPT FOR CLAIM IS MADE, I UNDERSTAND I WILL BE RESPONSIBLE FOR ALL DEFENSE COSTS INCURRED.I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THE ABOVE, BEEN GIVEN THE OPPORTUNITY TO ASK QUESTIONS, CONSIDER ITS EFFECTS, UNDERSTAND THIS ENTIRE DOCUMENT AND AGREE TO BE BOUND BY ITS TERMS.
