Pursuant to Executive Order D 2020 091, issued by Governor Polis, and Public Health Order 20-28 and the Guidance for Personal Recreation issued by the Colorado Department of Public Health & Environment, Base Village Company, Inc. (“Base Village”) has determined to open the Base Village Ice Rink (the “Rink”) during the 2021/2022 winter season. Every person, or a parent/legal guardian of a person under the age of 18 (a “Minor”), desiring to use or participate in activities at the Rink, must complete this Waiver of Liability and Release (the “Waiver and Release”).
PLEASE READ THIS WAIVER AND RELEASE VERY CAREFULLY AND MAKE SURE YOU UNDERSTAND IT.
COVID-19 coronavirus (“COVID-19”) is extremely contagious and is believed to spread mainly from person-to-person contact. Methods of transfer include, but are not limited to, physical contact, contact through breath, and contact with stable surfaces. Additional information about COVID-19 and COVID-19 symptoms may be found at https://www.cdc.gov/coronavirus/2019-ncov/index.html and https://covid19.colorado.gov/about-covid-19. Base Village wants to make sure that you understand the potential risks of COVID-19 before you decide to use the Rink. There may be other risks and dangers, a complete listing of which is not possible and cannot be anticipated, and you assume all such risks and dangers, whether or not described here, known or unknown.
By signing this Waiver and Release, you recognize and acknowledge the contagious nature of COVID-19 and the threat that COVID-19 poses to the health of individuals, and you voluntarily and knowingly assume the risk that you or your Minor may be exposed to or infected by COVID-19 at the Rink, and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. You understand and acknowledge that the risk of becoming exposed to or infected by COVID-19 at the Rink may result from the actions, inactions and/or omissions of yourself and/or others.
By signing this Waiver and Release you certify that you have received any and all information that you deem necessary or important in making an informed choice regarding your own or your Minor’s use of the Rink, and you voluntarily agree to assume all risks and accept sole responsibility for any injury to you or your Minor (including, but not limited to, personal injury, disability, death, illness, damage, loss, claim, liability, or expense, of any kind), that you or your Minor may experience or incur in connection with the use of the Rink.
You agree to indemnify and hold Base Village, its officers, employees, agents, consultants, independent contractors, and representatives (collective, the “Base Village Indemnitees”) harmless from any claim, liability, damage, loss, injury (including death), cost or expense relating to COVID-19 which may result from your participation, or the participation of your Minor, in any activity in or around the Rink. You further agree to release, waive and discharge, and covenant not to sue the Base Village Indemnitees for any and all claims, demands, losses, costs, expenses or causes of action whatsoever arising out of any claim, liability, damage, loss or injury (including death) relating to COVID-19 as a direct or indirect result of your participation, or your Minor’s participation, in any activity at the Rink. This release of liability and indemnity applies to you, the undersigned, your Minor, as well as any of your personal representatives, assigns, heirs and next of kin. By signing this Waiver and Release, you agree that you and your Minor will only use the Rink and participate in activities at the Rink while in good health and free of COVID-19 symptoms, including, but not limited to, fever, cough, or shortness of breath.
You agree that you: (1) have received sufficient information regarding the use of the Rink to assess the potential degree of risk involved, and the extent of possible injury; (2) understand the activities and potential risks; (3) have carefully read and fully understand the effect of relinquishing the rights that you hereby waive; and (4) voluntarily sign this Waiver and Release.