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CITY OF PUEBLO ACKNOWLEDGEMENT OF RISK
WAIVER AND RELEASE AGREEMENT

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  2. .
  3. PLEASE READ THE ENTIRE AGREEMENT!
  5. In consideration of the City of Pueblo ("City") permitting Participant to be present in or upon facilities operated by or under the control of City, including but not limited to, City’s Parks and Recreation facilities, buildings, swimming pools, the ice arena, tennis courts, athletic fields, basketball courts, skate parks, the El Centro del Quinto Sol Community Center, or the grounds, lawns, sidewalks, and parking lots for such facilities (collectively “Facility” or “Facilities”) and to participate in City sporting or athletic events and activities ("Programs"), Participant acknowledges and agrees as follows:
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    1. The Programs, related activities and events, and Participant's presence upon any Facility involves a risk of potential physical injury, death, psychological injury, and property damage or loss to Participant from various sources, including but not limited to slipping, tripping, falling, colliding with other participants, colliding with structures and objects, automobile collisions, theft, theft from vehicles, vandalism, and many other sources. Each Program presents its own peculiar risks, which the Participant accepts in their entirety by participating in Programs at or upon a Facility.

    2. The City and its officers, employees, agents, independent contractors, volunteers, sponsoring agencies, advertisers and any third-party owners of the facilities (collectively the "Released Parties") make no representations, promises or guarantees as to the quality, standard, or fitness of the Facility for any purpose whatsoever, including but not limited to walking, driving motor vehicles, parking, or Program activities and events.

    3. The Released Parties make no representations, promises or guarantees as to the availability, sufficiency, quantity, quality, standard, or fitness of any safety measures that may or may not be present at the Facility, including but not limited to snow clearing, salting, and sanding of parking lots and sidewalks, traffic controls and parking lines, rules, instruction, equipment, personal protective equipment, warning signs, supervision, instruction, first aid, or personnel and devices to promote safety, prevent injuries, or treat injuries.

    4. The Released Parties do not assume or undertake any duty of care or safety toward Participant, including but not limited to any duty to prevent injury, death, or property damage or loss to Participant or to make the Facility reasonably safe for Participant's use. The Released Parties expressly disclaim any such duty. Participant is solely responsible for his or her own safety and care.

    5. Participant freely and voluntarily assumes the risks of being present in the Facility, participating in the Program activities and events, and assumes full and sole responsibility for any physical injuries, psychological injuries, death, or property damage or loss to himself/herself or others that may result from Participant's presence in the Facility and participation in Program activities.

    6. Participant shall remove himself/herself from any activities, situation, or objects that Participant perceives or believes to be dangerous. Participant shall comply with the rules of the Facility and any instructions given to the public in general or to Participant by any Facility staff or instructor. Participant shall take precautions for his or her own safety based upon any warnings given to the public in general or to Participant based on signs or warnings from Facility staff or instructors.

    7. COVID-19. COVID-19 is a highly communicable virus that can cause severe respiratory illness, sometimes leading to death. Please DO NOT enter City of Pueblo facilities or participate in City programs or activities if you or your child are feeling or showing symptoms of this or any other communicable disease. Federal, state, and local governments and federal and state health agencies recommend physical distancing and have, in many locations, prohibited the congregation of people to prevent the spread of COVID-19. Contracting COVID-19 can lead to severe illness, permanent disability, and death. Use of City facilities or participation in City programs or activities may increase the risk of you or your child contracting COVID-19. The City in no way warrants or agrees that you or your child will not be exposed to COVID-19, nor that infection will not occur through access to City facilities or participation in City programs or activities. By signing this agreement, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risks to you and your child of exposure to or infection by COVID-19, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at City facilities, programs, and activities may result from the actions, omissions, or negligence of yourself and others, including but not limited to the Released Parties, volunteers, and program participants and their families, whether a COVID-19 infection occurs before, during, or after participation in any City facilities, programs, or activities.

    8. Participant forever releases and waives any and all claims, known and unknown, presently existing or arising in the future, and any suit or action in law or equity against the Released Parties in any court or tribunal, based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, illness, disability, death, or property damage or loss that Participant may suffer, related to or caused by the Released Parties, other persons, the facility, or any object, thing, or activity in the Facility.

    9. Participant shall not file, pursue or prosecute any suit, action or proceeding, in law or in equity, in any court or tribunal, against the Released Parties, based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, illness, disability, death, or property damage or loss that Participant may suffer related to or caused by the Released Parties, other persons, the Facility, the Program, or any object, thing, or activity in the Facility.

    10. Participant shall indemnify, defend and hold harmless the Released Parties against any liability for any damages, attorney’s fees, and restitution that may be imposed by any court or tribunal in any suit, action or proceeding in law or equity filed by any person or entity based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, illness, disability, death, or property damage or loss that Participant may suffer, related to or caused by the Released Parties, other persons, the Facility, the Program, or any object, thing, or activity in the Facility.

    11. Participant shall indemnify, defend and hold harmless the Released Parties against any liability for any damages, attorney’s fees, and restitution that may be imposed by any court or tribunal in any suit, action or proceeding in law or equity filed by any person or entity based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, illness, disability, death, or property damage or loss that any person may suffer, related to or caused by Participant or their organization through use of the Facility or the conducting of the Program.

    12. This City of Pueblo Acknowledgement of Risk, Waiver and Release Agreement shall be binding on Participant and his or her heirs, personal representatives, executors, assigns, guardians, conservators, next of kin, and attorneys, and shall remain in effect and be applicable to all injury, illness, disability, death, damage or loss arising from any occurrence or incident which occurs prior to cancellation by Participant in writing served upon the City by delivery of same to the Director of Parks, 800 Goodnight Avenue, Pueblo, Colorado, 81005.
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    I HAVE READ THE FOREGOING CITY OF PUEBLO ACKNOWLEDGEMENT OF RISK, WAIVER AND RELEASE AGREEMENT. I UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT.
    I SIGN THIS AGREEMENT VOLUNTARILY AND WITHOUT ANY COERCION OR INDUCEMENT OTHER THAN THE CONSIDERATION STATED IN THE AGREEMENT.
  14. By checking this box, you confirm to have read the above agreement.*
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    IF PARTICIPANT IS A MINOR:
    PARENT'S CONSENT TO PARTICIPANT'S AGREEMENT:

  19. as parent or guardian of the Participant stated above, who is under the age of 18, hereby, state and agree as follows:
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    1. I have read the foregoing City of Pueblo Acknowledgement of Risk, Waiver and Release Agreement. I understand its terms and that by signing this Agreement, the Participant and I are giving up substantial rights. Both the Participant and I sign this Agreement without any coercion or inducement other than the consideration stated in this Agreement. I represent that I am the parent or legal guardian of the Participant and have authority to sign this Parent's Consent to Participant's Agreement.

    2. I consent to the Participant entering into the foregoing City of Pueblo Acknowledgement of Risk, Waiver and Release Agreement and believe that it is in the Participant's best interests to do so.

    3. In consideration of the City permitting Participant to be present in the Facility and to participate in the Program activities and events, I voluntarily enter into the same City of Pueblo Acknowledgement of Risk, Waiver and Release Agreement on my own behalf for any injuries, illness, disability, death, and property damage or loss that the Participant or I may suffer.
  26. By checking this box, you confirm to have read the above agreement.
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  28. This field is not part of the form submission.