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Infectious Communicable Diseases Waiver Agreement

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  2. SUPPLEMENTAL ADDENDUM TO FACILITY USE AGREEMENT WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT INFECTIOUS COMMUNICABLE DISEASES INCLUDING COVID-19
  4. Waiver of Liability*

    As a condition of the use of any CITY OF COCOA (“CITY”) Facilities and/or Property (collectively referred to as the “Facilities”) and in consideration of being allowed to use the Facilities and participate in programs, events and activities conducted by Applicant/Organizer (collectively referred to as “Activities”) thereon of any kind whatsoever, I, as the Applicant and Event Organizer (“Organizer”), on behalf of the Organizer, and any officers, employees, agents, contractors, and guests under their supervision and control or for whom Organizer has the capacity to contract, hereby acknowledge and agree to the following:

    1. The Organizer understands that use of the Facilities includes possible exposure to illness from infectious communicable diseases including, but not limited to MRSA, influenza, and the novel coronavirus (“COVID-19”). Organizer understands the hazards of infectious communicable diseases such as COVID-19 and are familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. Organizer acknowledges and understands in particular that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated, and Organizer accepts full responsibility for familiarizing itself with the most recent updates about COVID-19 and any other infectious communicable disease. Organizer further recognizes and assumes the risk that while the City has implemented sanitation procedures for its Facilities, infectious communicable diseases and COVID-19, in particular, may remain on surfaces for days, sanitation procedures do not guarantee in any way such disease is not present, and other individuals present within or upon the Facilities maybe COVID+ or infected with some other infectious communicable disease and Organizer accepts the inherent risks associated therewith by entering the Facilities or engaging in the Activities.
    2. Notwithstanding the risks associated with infectious communicable diseases, including but not limited to those specifically set forth herein, which Organizer readily acknowledges, it hereby willingly chose to be in or on the Facilities and participate in Activities. Organizer shall also provide its officers, employees, agents, contractors, and guests such health advisories it deems appropriate to maintain safety, in its sole responsibility and discretion, regarding communicable diseases and COVID-19 related to participating in the Activities at the Facilities, and Organizer shall further take such health and safety precautions that Organizer deems appropriate, in its sole responsibility and discretion, to ensure the health and safety of itself, and its officers, employees, agents, contractors, and guests who will be present at the Facilities and participate in Activities.
    3. Organizer acknowledges and fully assumes the risk of illness or death related to all kinds of infectious communicable diseases including, but notlimited to, COVID-19 arising from Organizer conducting the Activities at the Facilities and hereby RELEASE, WAIVE, DISCHARGE, ANDCOVENANT NOT TO SUE (on behalf of itself, and any officers, employees, agents, contractors, and guests under their supervision and controlor for whom Organizer has the capacity to contract to the extent legally possible, on behalf of any others with whom Organizer may come intocontact and allege that they became ill or contracted any infectious communicable disease including, but not limited to, COVID-19 due to Organizer’s and any of its officer’s, employee’s, agent’s, contractor’s, and guest’s presence in or on the Facilities and/or participation in theActivities), the CITY and the City’s elected officials, officers, attorneys, directors, employees, professional staff, agents, employees and assigns(the “RELEASEES”) from any liability related to any and all infectious communicable diseases including, but not limited to COVID-19 which might occur as a result of Organizer conducting the Activities at the Facilities.
    4. Organizer shall hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses, or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs, and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of any and all communicable diseases including, but not limited to, COVID-19 or any other illness, property damage, injury or death alleged to have occurred on or in the facilities or arising out of the Activities.
    5. It is the Organizer's express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted, and controlled according to the laws of the State of Florida and Venue related to any legal action related to the subject matter contained in this Agreement shall be Brevard County, Florida. ORGANIZER HEREBY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. ORGANIZER ACKNOWLEDGES THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT TO THE AUTHORIZATION GRANTED BY CITY TO BE ON OR IN THE FACILITIES AND PARTICIPATE IN THE ACTIVITIES. IN SIGNING THIS AGREEMENT, ORGANIZER ACKNOWLEDGES AND REPRESENTS THAT Organizer has read the foregoing Wavier of Liability and Hold Harmless Agreement, understands it and signed it voluntarily as Organizer’s own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; the undersigned is at least eighteen (18) years of age and fully competent and authorized to contractually bind the Organizer; and the undersigned executes this Agreement for full, adequate and complete consideration fully intending to bind the Organizer to the terms and conditions of this Agreement. Organizer further represents this waiver and hold harmless is not in lieu of, but rather in addition to, any other waiver, hold harmless, release, or indemnification set forth in the City’s Facility Use Application and Agreement and the CITY’s adopted Rules, Policies & Rates for Usage for All CITY Facilities. This Agreement is hereby incorporated into and made a part of the Facility Use Application and Agreement if executed in conjunction herewith.

  6. By typing my name in this form, I understand that this constitutes a legal signature and confirms that I agree to the above terms. I am accepting full responsibility for my event.

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