On behalf of all participants in my party, I agree:
The World Health Organization has declared the Coronavirus (SARS-CoV-2 or “COVID-19”) a worldwide pandemic. Due to its capacity to transmit from person-to-person through respiratory droplets, the government has set recommendations, guidelines, and some prohibitions with which the San Luis Obispo Botanical Garden (the "Organization") adheres to comply in all operations.
In consideration of participation in Organization events, the undersigned acknowledge and agree to the following:
- I am aware of the existence of the risk on my physical appearance to the venue and on my participation in the activities of the Organization that may cause injury or illness such as, but not limited to, Influenza, MRSA, or COVID-19 that may lead to paralysis or death.
- I have not experienced symptoms of fever, fatigue, difficulty in breathing, or dry cough, or exhibited any other symptoms relating to COVID-19 or any communicable disease within the last 14 days.
- I have not, nor any member(s) of my household, traveled by sea or by air internationally within the past 30 days.
- I did not, nor any member(s) of my household, visit any area within the United States that was reported to be highly affected by COVID-19, in the last 30 days.
- I have not been, nor any member(s) of my household, diagnosed to be infected of COVID-19 virus within the last 30 days.
Following the pronouncements above I hereby declare the following:
- I am fully and personally responsible for my own safety and actions during my participation and I recognize that I may in any case be at risk of contracting COVID-19.
- With full knowledge of the risks involved, I hereby release, waive, and discharge the Organization, its board, officers, independent contractors, affiliates, employees, volunteers, representatives, successors, and assigns from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by me related to COVID-19 while participating in any activity while in, on, or around the premises or while using the facilities that may lead to unintentional exposure or harm due to COVID-19.
- I agree to indemnify, defend, and hold harmless the Organization from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims made by or against any of the released party due to injury, loss, or death from or related to COVID-19.
By completing this order, I acknowledge that I have read the Release Waiver COVID-19 Addendum and understand its contents; that I am at least eighteen (18) years old or accompanied by a legal guardian and fully competent to give my consent; that I have been sufficiently informed of the risks involved and give my voluntary consent in signing it as my own free act and deed; that I give my voluntary consent in signing this Liability Release Waiver as my own free act and deed with full intention to be bound by the same, and free from any inducement or representation.
Media Release and Permission to Photograph – The San Luis Obispo Botanical Garden is a nonprofit organization. Occasionally, program activities may be photographed or videotaped for educational, publicity or fundraising purposes. Please indicate if you will allow your image to appear in videos or photos without compensation (e.g. as part of brochures, slide shows or program websites). Full names are never used.
Waiver and Hold Harmless – Every effort is made to provide participants with a safe, enjoyable, and memorable experience. I attest and verify that I am physically able to participate in all activities offered at the San Luis Obispo Botanical Garden. I understand, however, that there are inherent risks in outdoor and program-related activities and, knowing the risks, nevertheless, I agree to ASSUME ALL RISKS OF PERSONAL INJURY, OR DAMAGE TO PERSON OR PROPERTY, sustained while I participate in activities at the San Luis Obispo Botanical Garden. I agree if any claim for personal injury or wrongful death is commenced against the San Luis Obispo Botanical Garden (including its officers, directors, members and/or volunteers), I will defend, indemnify and hold harmless the San Luis Obispo Botanical Garden from any and all claims or causes of action for personal injuries, property damage or wrongful death that hereafter accrue, arise out of, result from, or are caused directly or indirectly by my attendance and/or participation at the San Luis Obispo Botanical Garden educational activities.
COVID-19 Addendum – I acknowledge that I have received, reviewed, comprehend, and agree to the COVID-19 Addendum of this waiver, and that this addendum will remain effective until laws and mandates relevant to COVID-19 are lifted.