IMPORTANT: PLEASE READ BEFORE SIGNING AND PARTICIPATING Waiver and Release of Liability for both Adults and Minors: In consideration of being allowed to participate in any way in the Brooklyn Bridge Park Boathouse and Brooklyn Bridge Park Conservancy kayak program, and related events and activities, the undersigned agrees to the following: 1. Participant: Prior to participating, I will inspect the facilities and equipment to be used, and if I believe anything is unsafe, I will immediately advise a coach, instructor, supervisor, or other event organizer of such condition(s) and refuse to participate. 2. Parent/Guardian: As the parent or legal guardian of the participant, I will instruct the minor participant that prior to participating we will inspect the facilities and equipment to be used, and if I or the participant believes that anything is unsafe, I will immediately advise a coach, instructor, supervisor, or other event organizer of such condition(s) and refuse to participate. 3. As a result of the COVID-19 public health crisis, the Conservancy has put into place a number of measures to ensure the safety and health of its staff, the public and individuals seeking to participate in Conservancy programming as well as to help control the spread of COVID-19. By participating in Conservancy programming, I make the following representations and additionally agree to follow the suggested guidance of the Center of Disease Control (CDC) and local public health authority and the Conservancy’s policies and procedures to reduce the spread of Novel Coronavirus, or COVID-19 as follows: a. I am not experiencing symptoms of illness associated with COVID-19 (i.e. shortness of breath, fever, cough, etc. ) and have not experienced those symptoms in the 14 days preceding program date. b. I agree to inform the Conservancy if I have been diagnosed with COVID-19 after participating in Conservancy programming. c. I understand that the City of New York has stipulated that individuals who have a chronic health condition, including lung disease, moderate to severe asthma, heart disease, obesity, diabetes, kidney disease, liver disease, cancer or a weakened immune system should not participate in public programming. d. If I begin to experience any symptoms of COVID-19 while participating in a Conservancy program I will inform the Conservancy and immediately end my participation. e. I agree to practice safe hand and respiratory hygiene and otherwise to adhere to all of the Conservancy’s safety rules during my participation in all Conservancy projects programming. Upon arrival for any Conservancy program, I will sanitize my hands by using a hand sanitizer or equivalent provided by the Conservancy or wash my hands with soap and water for a minimum of 20 seconds, and will maintain good hand hygiene throughout my participation after using the restroom, sneezing, or coughing, and before and after touching any common surfaces. f. I agree to wear surgical face masks or improvised masks such as scarves, bandanas, and handkerchiefs at all times while I am participating in Conservancy programming to reduce the risk of exposure to myself and others. g. I agree to adhere to the Conservancy’s social distancing policy, maintaining 6-feet from others at all times. This will be required for all visitor to visitor contact as well to limit exposure. 4. I acknowledge and fully understand that I will be engaging in water-based activities that involve risk of damage to personal property or serious injury, including drowning, permanent disability and death, and severe social and economic losses which might result not only from the my own actions, inactions or negligence, but the actions, inactions or negligence of others, the condition of the premises or of any equipment, including the exposure to people with infectious diseases, maintenance and boating equipment used, water hazards, contact with others, animals, boat wakes, and the effects of weather, including heat, humidity, cold and/or precipitation. Further, I understand that there may be other risks not known or not reasonably foreseeable at this time. 5. I assume all of the foregoing risks and accept personal responsibility for all expenses, medical or otherwise, following any such damages, injury, permanent disability, or death to me or the minor participant. 6. I release, waive, discharge, and covenant not to sue the Brooklyn Bridge Park Boathouse, the Brooklyn Bridge Park Conservancy, the Brooklyn Bridge Park Corporation d/b/a ("doing business as") the Brooklyn Bridge Park, the Empire State Development Corporation, the Brooklyn Bridge Park Development Corporation, the State of New York, the City of New York, the New York City Department of Parks and Recreation, and their respective commissioners, directors, officers, employees, agents, successors, and assigns, all of which are hereinafter referred to as "Releasees," from any and all liability to me or the minor participant, my or his or her heirs or next-of-kin, or any other person, from any and all claims, demands, losses, or damages, including death or damage to property which, in whole or in part, arise from, relate to, or are alleged to arise from or relate to the Brooklyn Bridge Park Boathouse athletics, sports, or education programs, any and all related events and activities in which the participant is participating, or the facilities or equipment used by the participant or by others, or are caused or alleged to be caused in a whole or part by the negligence of the Releasees or otherwise, and we covenant not to sue the releases with respect thereto. 7. I hereby consent to Participation in interviews, the use of quotes, and the taking of photographs, movies or videotapes of myself (“Media”) by BBPC and Brooklyn Bridge Park. I also grant to BBPC and Brooklyn Bridge Park the right to edit and use said Media for appropriate purposes including but not limited to: publicity, electronic and print publications, websites and all other forms of media. I also hereby release all Releasees from all claims, demands, and liabilities whatsoever in connection with the above. 8. This waiver may not be modified in any way. If any part of this waiver is determined to be invalid by law, all other parts of this waiver shall remain valid and enforceable. I have read the above waiver and release, understand that I have given up substantial rights by signing it, and have signed it voluntarily. |