Russ Arthur Senior Softball Association (RASSA)
Waiver of Liability and Indemnity Agreement (COVID-19) draft
IN CONSiDERATION of being able to play softball organized by RASSA, to include the use of George Ward Green Springs Park Field #6 (hereafter referred to as “the Field”), I understand, as a member of the RASSA acknowledge and agree as follows:
I acknowledge that numerous novel coronavirus (“COVID-19”) infections were confirmed in the Greater Birmingham Area including both Jefferson and Shelby Counties and Cities therein, as well as other contiguous Counties and Cities in the State of Alabama; and that the President of the United States and Governor of the State of Alabama declared states of emergency in response to the COVID-19 pandemic. In accordance with the guidance and protocols issued by the World Health Organization (“WHO”), the Centers for Disease Control and Prevention (“CDC”), the Alabama Department of Public Health (“ADPH”), the Jefferson County Department of Health (“JCDH”), the Birmingham Department of Health (“BDH”), as well as the Birmingham Mayor’s Office and the Birmingham Park Board, and other best practices for slowing the transmission of COVID-19, I hereby agree, represent and warrant that my participation shall conform to the following restrictions:
- I shall observe any limitations imposed by Executive Order of the Governor of the State of Alabama and any other local or county regulations restricting the use of the Field.
- I shall not participate or use the Field after (a) returning from highly impacted areas subject to a CDC travel health notice (http://www.cdc.gov/coronavirus/2019-ncove/travelers/index.html); (b) exposure to any person returning from areas subject to a CDC travel health notice; or (c) exposure to any person who has a suspected or confirmed case of COVID-19.
- I shall not participate or make use of the Field, if I experience symptoms of COVID-19, including, without limitation, fever, cough, or shortness of breath.
- I shall fully comply with all restrictions contemporaneously or hereby posted or published by the RASSA, its agents and designees. These may include, without limitation, restrictions on the number of players who may use the Field at any given time, the wearing of face coverings, the practice of social distancing, and the sanitizing of equipment before and after use. Such restrictions are incorporated by reference herein.
- I further acknowledge that my participation or use of the Field, may be temporarily suspended if I fail to comply with the above stated restrictions.
I fully understand and appreciate both the known and potential dangers of participating and using the Field; and I acknowledge that the use thereof may, despite RASSA’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and death; and I will insure that I understand the same.
IN FURTHER CONSIDERATION of being permitted to participate and use the Field for any purpose, the undersigned agrees as follows:
I, on behalf of myself and my heirs, successors, and assigns (the “Releasing Parties”), hereby forever release, waive, acquit and discharge all claims, whether for personal injury, property damage, or otherwise, that any of the Releasing Parties may have or which may arise against RASSA, or its Commissioner, League Directors, Members of the Board of Directors, participating members and affiliated entities (the “RASSA Released Parties”) as a result of the participation or use of the Field or activity therein. The ambit and scope of this release is intended to extend fully to undersigned’s contraction of or exposure to COVID-19. On behalf of the Releasing Parties, I agree to indemnify and save and hold harmless the RASSA Released Parties from any loss, liability, damages, or costs they may incur, and to defend, indemnify, save and hold harmless the RASSA Released Parties from and against any claims by third parties who claim to have sustained personal injury or other damage as a result of the undersigned’s contraction of or exposure to COVID-19.
This Waiver of Liability and Indemnity Agreement shall amend, but shall not supersede, any other release of waiver of liability I have executed in favor of the RASSA Released Parties or any of them.
I have read and understand the terms of this Waiver of Liability and Indemnity Agreement and certify that I am a participating member of the RASSA and “Authorized User” of the Field.
Member Signature: __________________________________________
Print Name: ________________________________________________
Date: _____________________________________________________