By entering a City of Burlington facility and/or participating in any City of Burlington recreation programs or services (“Activities”), the participant, and/or the legal guardian of the participant (the “participant(s)”) agrees as follows.
1. Voluntary Participation
The participant(s) understands that their participation in the Activities is voluntary and that they may withdraw at any time.
2. Acknowledgment of Risks
The participant(s) is aware that participation in the Activities involves inherent and foreseeable risks, as well as unforeseeable hazards, including but not limited to:
- Physical or mental injury;
- Illness or disease (including communicable illnesses such as COVID-19);
- Death; and/or
- Damage or loss to personal property.
The participant(s) understand that these risks may arise from my own actions, the actions or negligence of others, or conditions of the facilities.
3. Safety Compliance
The participant(s) agrees to follow all safety precautions, use appropriate protective equipment as directed, and comply with all City of Burlington by-laws, policies, and procedures. The participant(s) understands that failure to do so may result in removal from the facility and/or termination of participation.
4. Assumption of Risk
The participant(s) knowingly, freely, and voluntarily assumes all risks associated with the Activities, both known and unknown, including those arising from the negligence of the City of Burlington, its employees, volunteers, or agents, except for gross negligence or willful misconduct.
5. Release and Waiver
The participant(s) hereby waives, releases, holds harmless and discharges the City of Burlington, its elected officials, directors, officers, employees, volunteers, agents, executors, administrators, successors, assignees and representatives (collectively “the City”) from any and all claims, demands, actions, or causes of action for injury, illness, death, property damage, or loss arising out of or related, in any way whether directly or indirectly, to my participation in the Activities.
6. Covenant Not to Sue and Indemnity
The participant(s) agrees not to commence or maintain any action or claim against the City and agrees to indemnify and hold harmless the City from any and all claims brought by third parties arising from my participation in the Activities.