2021 ACKNOWLEDGMENT AND WAIVER OF LIABILITY  

NOTICE AND INSTRUCTIONS FOR COMPLETING THE TOWNSHIP DEPARTMENT OF  RECREATION’S ACKNOWLEDGMENT AND AGREEMENT FOR ASSUMPTION OF ALL  RISKS, AND WAIVING AND RELEASING ALL CLAIMS FOR PERSONAL INJURIES AND  PROPERTY DAMAGES DUE FROM THE ACCIDENTAL EXPOSURE TO SARS-CoV-2,  COVID-19, MIS-C & OTHER PANDEMIC ILLNESSES.  

CAREFULLY READ THIS DOCUMENT AND THE ATTACHED ACKNOWLEDGEMENT AND  AGREEMENT FOR ASSUMPTION OF ALL RISKS, AND WAIVING AND RELEASING ALL  CLAIMS FOR PERSONAL INJURIES AND PROPERTY DAMAGES DUE FROM AN ACCIDENTAL  EXPOSURE TO SARS-CoV-2, COVID-19, MIS-C & OTHER PANDEMIC ILLNESSES AT A  TOWNSHIP RECREATION PROGRAM OR EVENT (“WAIVER”) .  

THE ATTACHED WAIVER AFFECTS IMPORTANT LEGAL RIGHTS YOU, YOUR CHILD(REN)  AND/OR YOUR OTHER FAMILY MEMBER(S) AND/OR DEPENDENT(S) MAY HAVE IN THE  EVENT YOU, YOUR CHILD(REN), AND/OR OTHER FAMILY MEMBER(S)/DEPENDENT(S)  BECOME EXPOSED TO, INFECTED WITH, OR SUSTAIN BODILY INJURIES AND/OR PROPERTY  DAMAGE FROM HIGHLY CONTAGIOUS VIRUS(ES) AND DISEASES.  

I. Background and Purpose  

The Township of Washington and the Township of Washington Department of Recreation (hereinafter  jointly and separately referred to in the attached WAIVER as the “TOWNSHIP”) sponsor(s) and offer(s)  to the public the option of participating in or attending a variety of indoor and outdoor physical, social and  educational programs and activities, including competitive and non-competitive sports and sporting events,  organized leagues, day camps, games, and instructional/training programs and camps (collectively referred  to hereinafter and in the attached WAIVER as the “RECREATION PROGRAM(S)”). These  RECREATION PROGRAM(S) are held on TOWNSHIP property and other public and semi-public places  that are accessible to large numbers of people on a daily basis.  

Due to the ongoing COVID-19 pandemic, and until further notice, any adult age 18 or older wishing to  enroll themselves, their child(ren) or any other dependent(s) family members into a TOWNSHIP  RECREATION PROGRAM, or seeking to otherwise voluntarily participate in a TOWNSHIP  RECREATION PROGRAM as a coach, counselor, instructor, referee, official, or volunteer, is required to  complete, sign and return this WAIVER with their registration by the enrollment deadline set for the  specific RECREATION PROGRAM in which participation/access is sought.  

Enrollment and participation in any TOWNSHIP RECREATION PROGRAM(S) and permission to access  any TOWNSHIP facilities/property and equipment to participate in or use at a RECREATION PROGRAM  is expressly conditional on properly completing, signing, and returning this WAIVER in a timely manner.  

Access to and participation in any TOWNSHIP RECREATION PROGRAM(S) and/or TOWNSHIP  facilities, property and equipment used in a RECREATION PROGRAM may be denied or revoked  at any time for failure to properly complete, sign and return this WAIVER.  II. Acknowledgment of Agreement 

Page 1 of 4 Partcipant Initials: _                 Parent/Guardian Initials: _    

ACKNOWLEDGEMENT AND AGREEMENT FOR ASSUMPTION OF ALL RISKS, AND  WAIVING AND RELEASING ALL CLAIMS FOR PERSONAL INJURIES AND PROPERTY  DAMAGES DUE FROM AN ACCIDENTAL EXPOSURE TO SARS-CoV-2, COVID-19, MIS-C &  OTHER PANDEMIC ILLNESSES AT A TOWNSHIP RECREATION PROGRAM OR EVENT  

I/WE, (hereinafter “I/WE), acknowledge and  represent that I/WE am/are the parent(s)/legal guardian(s) of:  

(hereinafter referred to as the “PROGRAM PARTICIPANT(S)”)  

By signing this WAIVER and initialing each page, I/WE acknowledge and agree that I/WE have been  provided with, read and fully understand: (i) the Center for Disease Control’s (“CDC”) and the New Jersey  Department of Health’s (“NJDOH”) information and guidelines for preventing/protecting against, and  recognizing the signs and symptoms of, infection for SARS-CoV-2 (the virus that causes COVID-19) and  the related illnesses and medical conditions called COVID-19 and Multisystem Inflammatory Syndrome in  Children (“MIS-C”)(collectively the “PANDEMIC ILLNESSES”); and the TOWNSHIP OF  WASHINGTON DEPARTMENT OF RECREATION’S “COVID-19 Operational Plan” for 2021.  

I/WE further acknowledge, understand and agree that:  

1. The CDC and NJDOH have determined that the PANDEMIC ILLNESSES are highly contagious  viruses, diseases and medical conditions.  

2. Exposure to or infection from these PANDEMIC ILLNESSES may cause serious permanent bodily  injury, including respiratory failure, cardiac arrest, and death in healthy persons of all ages.  

3. These PANDEMIC ILLNESSES are new. The standards and recommendations on how to prevent  and protect against the risk of exposure to infection and the spread of these PANDEMIC  ILLNESSES continues to change as more data becomes available.  

4. These PANDEMIC ILLNESSES presently exist and remain prevalent throughout all areas of the  State of New Jersey and continue to infect persons and spread throughout all counties and local  communities, including the residents of the TOWNSHIP OF WASHINGTON.  

5. These PANDEMIC ILLNESSES have a high probability of spreading to person(s) who are either  in direct contact with, or in close proximity to (within about 6 feet or 2 meters) an infected person.  

6. The CDC and NJDOH believe these PANDEMIC ILLNESSES are most likely to spread from  person to person by droplets produced into the air when an infected person coughs, sneezes, talks  or otherwise moves air out through their nose and mouth; and from touching/contacting surfaces  on which droplets containing the virus exist.  

7. There is no known vaccination(s), immunization(s) or cure for these PANDEMIC ILLNESSES. 

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8. The CDC and the NJDOH maintain that the best way to prevent and protect against infection and/or  spread of these PANDEMIC ILLNESSES is to self-quarantine and to avoid contact with other  individuals, large gatherings and spending time in public places and buildings.  

9. TOWNSHIP and the TOWNSHIP OF WASHINGTON DEPARTMENT OF RECREATION  (“TOWNSHIP”) sponsor(s) and offer(s) to the public the option of participating in or attending a  variety of indoor and outdoor physical, social and educational programs and activities, including  competitive and non-competitive sports and sporting events, organized leagues, day camps, games,  and instructional/training programs and camps (“RECREATION PROGRAM(S)”) which are  essential to the social, physical, educational and character development and the mental and physical  health of the public.  

10. Attending or participating in any TOWNSHIP RECREATION PROGRAM poses an inherent risk  of infection and a heightened risk of injury from and exposure to these PANDEMIC ILLNESSES  regardless of the measures taken by the TOWNSHIP: (i) to avoid close contact with other persons,  including infected persons; (ii) to disinfect TOWNSHIP facilities, equipment and public property;  and (iii) to discover, contact trace, and quarantine infected persons and/or persons exhibiting signs  and symptoms of infection of these PANDEMIC ILLNESSES.  

11. Attending and/or participating in a TOWNSHIP RECREATION PROGRAM may also increase  the risk of exposure to these PANDEMIC ILLNESSES and the further spreading of these  PANDEMIC ILLNESSES to other family members, PROGRAM PARTICIPANTS, and third  persons.  

By signing this WAIVER, I/WE do further acknowledge the contagious nature of these PANDEMIC  ILLNESSES, and that an inherent and heightened risk of danger to infection and exposure to these  PANDEMIC ILLNESSES exists for all PROGRAM PARTICIPANTS, persons and other participants  attending any TOWNSHIP RECREATION PROGRAM at this time. I/WE acknowledge and agree to  voluntarily assume all risks that I/WE, the PROGRAM PARTICIPANT(S), and our other family member(s)  may be exposed to or infected by these PANDEMIC ILLNESSES by attending or participating in any  TOWNSHIP RECREATION PROGRAM; and that such exposure or infection may result in personal  injury, illness, permanent disability, and death. I/WE understand that the risk of becoming exposed to or  infected by these PANDEMIC ILLNESSES at a TOWNSHIP RECREATION PROGRAM may result from  the actions, omissions or negligence of myself and others, including, but not limited to the TOWNSHIP’S  officials, officers, employees, and volunteers; and other participants/attendees of the RECREATION  PROGRAM and their families.  

I/WE, on behalf of ourselves, the PROGRAM PARTICIPANT(S) and the other dependents of my/our  household, I/WE voluntarily agree to assume all of the foregoing risks, and do accept sole and complete  responsibility for any and all injuries, damage(s) and other losses to the PROGRAM PARTICIPANT(S),  my/our other dependent(s), the other members of my/our family, and/or to myself/ourselves for attending  or participating in a TOWNSHIP RECREATION PROGRAM, including for all bodily injuries, disabilities,  permanent disabilities, deaths, illnesses, damages, losses, claims, demands, liabilities, medical treatment  and expenses, attorneys fees, costs of suit and/or expenses of any kind that is incurred in connection with  attending or participating in any TOWNSHIP RECREATION PROGRAM. 

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I/WE, on behalf of myself/ourselves, the PROGRAM PARTICIPANT(S), my/our other household  members and/or dependents, HEREBY RELEASE, COVENANT NOT TO SUE, DISCHARGE, WAIVE  AND HOLD HARMLESS THE TOWNSHIP OF WASHINGTON, THE TOWNSHIP OF  WASHINGTON DEPARTMENT OF RECREATION, AND EACH OF THE TOWNSHIP’S OFFICIALS,  OFFICERS, EMPLOYEES AGENTS, VOLUNTEERS AND REPRESENTATIVES FOR AND FROM  ANY AND ALL CLAIMS, DAMAGES, DEMANDS, LOSSES, LIABILITIES, ACTIONS, COSTS AND  EXPENSES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATING TO THE  ACCIDENTIAL AND/OR NEGLIGENT EXPOSURE TO THESE PANDEMIC ILLNESSES FROM  ATTENDING OR PARTICIPATING IN ANY TOWNSHIP RECREATION PROGRAM(S).  

I/WE UNDERSTAND AND AGREE THAT THIS WAIVER AND RELEASE INCLUDES ANY AND  ALL CLAIMS BASED ON THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE TOWNSHIP,  THE TOWNSHIP DEPARTMENT OF RECREATION AND THE TOWNSHIP’S OFFICIALS,  OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES, REGARDLESS OF  WHETHER INFECTION FROM THESE PANDEMIC ILLNESSES OCCUR BEFORE DURING OR  AFTER PARTICIPATION AND/OR ATTENDANCE IN ANY TOWNSHIP RECREATION  PROGRAM(S).  

By signing this agreement, I/WE further acknowledge that I/WE have read and discussed with the  PROGRAM PARTICIPANT(S) the provisions of this WAIVER and the dangers and risks associated with  attending and/or participating in any of the TOWNSHIP’S RECREATION PROGRAM(S); the  PROGRAM PARTICIPANT(S) fully understand(s) and appreciate(s) these dangers and risks; and the  PROGRAM PARTICIPANT(S) voluntarily wishes to enroll in, participate and otherwise attend the  TOWNSHIP’S RECREATION PROGRAM.  

This WAIVER does not supersede, circumvent, or cancel Washington Township Recreation Department’s  Main Participation Agreement or Rules and Regulations.  

If any part of this WAIVER is found by a court of competent jurisdiction to be invalid, the remainder of  this WAIVER release from liability shall nevertheless remain in full force and effect and the offending  provision or provisions severed here from.  

I/WE, have read and accept the terms and conditions of this, and acknowledge and agree that it shall, to the  fullest extent allowed by law, be effective upon me and my child(ren), and our respective heirs, personal  representatives, estates and family members.  

Signature of Parent(s)/Guardians Date  

Signature of Program Participant(s) Date 

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