Wheatlands Metropolitan District Waiver of Liability and Release - Use of Pool(s) During COVID-19

Wheatlands Metropolitan District Waiver of Liability and Release - Use of Pool(s) During COVID-19

Please read carefully before signing. This document includes a release of liability and waiver of certain legal rights.

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, the District has determined to open its swimming pool(s). Every person, or a parent/legal guardian of a person under the age of 18 (the “Minor”), desiring to use or participate in activities on/in/around the swimming pool(s) and related facilities (collectively, the “Pool”) of the Wheatlands Metropolitan District (the “District”) 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. The District wants to make sure that you understand the potential risks of COVID-19 before you decide to use the Pool. 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 Pool, 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 Pool 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 Pool, 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 attendance at the Pool.
You agree to indemnify and hold the District, its officers, employees, agents, consultants, independent contractors, and representatives (collective, the “District 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 Pool. You further agree to release, waive and discharge, and covenant not to sue the District
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 Pool. 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 Pool and participate in pool activities 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 Pool 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.
Please print name and sign below

IF MINORS UNDER 18 YEARS OF AGE WILL BE UTILIZING THE POOL, PARENT OR GUARDIAN MUST
READ AND SIGN BELOW:
I am the parent or legal guardian of the minor(s) listed below. I acknowledge that I have read this Waiver and Release and have full
knowledge and understanding of its contents. I hereby agree to the terms of the Waiver and Release on behalf of the named
minor(s), and give my consent for the named minor(s) to utilize the District’s Pool. I acknowledge that by signing this Waiver and
Release on behalf of the minor(s) that the minor(s) shall be bound by all terms of this Waiver and Release.