I, the undersigned, intending to be legally bound, hereby for myself, my heirs, executors, and administers waive and release any and all rights and claims for damages I may have against Surprise Lake Camp and all sponsors and their representatives for any and all injuries suffered by me (and anyone else in my party) in said event. I attest and verify that I am physically fit and am prepared for this event, and that my physical condition has been verified by a licensed medical doctor. I hereby grant full permission to use any photographs, recordings of any other record of this event for any legitimate purpose.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization (“WHO”). COVID-19 is reported to be extremely contagious. It is believed that the virus can spread from person-to-person contact, thought to be through respiratory droplets produced when a person infected with the virus coughs or sneezes. It was also reported that the virus can spread by contact with contaminated surfaces and/or through objects. People reportedly can be infected and show no symptoms and still spread the disease. The exact methods of spread and contraction are unknown, and currently, there is no known treatment, cure or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and/or death.
Surprise Lake Camp is allowing families the opportunity to visit Camp for Family Hike Day day, and utilize Camp’s grounds and restrooms. Surprise Lake Camp will be providing access to Camp for the day, including access to the premises and its facilities in a manner consistent with CDC and State health and safety guidelines, and requiring adherence to social distancing requirements. Surprise Lake Camp cannot however prevent you [or your child(ren)] from becoming exposed to, contracting, or spreading COVID-19 while utilizing Surprise Lake Camp’s premises. It is not possible to prevent against the presence of the disease. If you choose to enter onto Surprise Lake Camp’s premises, you may be exposing yourself and/or your child[ren] to COVID-19 and/or increasing your and/or your child[ren]’s risk of contracting or spreading COVID-19.
I represent that I and my participating child[ren],
a) have not tested positive for COVID-19 and/or have not had a suspected or diagnosed case of COVID-19 within the past 30 days, and;
b) am free of any symptoms which have been identified by the WHO and CDC as suggestive of having COVID-19. I acknowledge that I am responsible for adhering to CDC and State recommendations regarding social distancing while at Surprise Lake Camp, as well as any rules, regulations and directives implemented by Surprise Lake Camp.
ASSUMPTION OF RISK: I have read the above and understand the risks concerning COVID- 19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my participating child[ren] in order to spend the day at Surprise Lake Camp.
WAIVER OF LIABILITY/INDEMNIFICATION: The undersigned, on his/her behalf and on behalf of such participating children, hereby releases, waives, discharges and covenants not to sue Surprise Lake Camp, and its owners, directors, shareholders, employees, staff and/or related entities (the “Indemnified Parties”) in connection with exposure, infection and/or spread of COVID-19 arising from, or related to utilizing Surprise Lake Camp premises.
The undersigned, on his/her behalf and on behalf of such participating children, further agree(s) to indemnify and hold harmless the Indemnified Parties from any loss, liability, damages or costs the Indemnified Parties may incur, whether caused by negligence, active or passive, or otherwise, in connection with the undersigned’s and/or any participating child[ren]’s use of the Indemnified Parties’ services and premises.
CHOICE OF LAW: I understand and agree that the law of the State of New York will apply to this Waiver.
I HAVE CAREFULLY READ, FULLY UNDERSTAND AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, AND WAVIER OF LIABILITY AND INDEMNITY AGREEMENT CONCERNING COVID-19.