COVID-19 Waiver of Liability

Coronavirus/COVID-19 General Assumption of Risk and Waiver of Liability
Posted on 09/08/2020
Coronavirus/COVID-19 General Assumption of Risk and Waiver of Liability

Upon entry to this facility you acknowledge you are aware of the highly contagious nature of COVID-19. You understand and acknowledge that you are voluntarily assuming the risk by entering any Manatee County Parks and Natural Resources Department Facility as defined below, and engaging in activities at the Manatee County Parks and Natural Resources Department facilities with knowledge that there is an inherent danger and risk of infection and exposure to COVID-19. You understand and acknowledge that the County cannot guarantee that you will not become infected or exposed to COVID-19 (or other infectious diseases) while on the premises of the Manatee County Parks and Natural Resources Department facilities and that being on the premises may increase your risk of contracting COVID-19. For the purpose of this Waiver, Manatee County Parks and Natural Resources Department facilities shall include the G.T. Bray Recreation Center complex which comprises the fitness center and child watch, gymnasium and aquatics buildings, and all outdoor areas within the complex; the John H. Marble facility with comprises the pool deck area and restroom building; and the Ag & Extension facility which comprises the Ayers Room, Kendrick Auditorium, and Rogers Auditorium buildings.

You understand and acknowledge that exposure or infection may result in serious illness, personal injury, permanent disability, death, or property damage. You acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including County employees. 

Notwithstanding the risks associated with participating in events held at the Manatee County Parks and Natural Resources Department facilities, you hereby agree to accept and assume all risks and liability of personal injury, illness, disability, death, or property damage related to COVID-19, arising from your being on the premises or engaging in activity on the premises, whether caused by the negligence of the County or otherwise.

You hereby expressly waive and release any and all claims, now known or hereafter known, against the Manatee County Government (“County”), its directors, employees, volunteers, officers, and assigns on account of injury, illness, disability, death, or property damage arising out of or attributable to being on the premises or engaging in activity at the Manatee County Parks and Natural Resources Department facilities and being exposed to or contracting the virus, whether arising out of the negligence of the County or otherwise. You agree not to make or bring any such claim against the County and forever release and discharge the County from liability under such claims. 

You acknowledge that you are familiar with the federal, state and local laws, orders, directives, and guidelines relating to COVID-19 (including the Center of Disease Control‘s prevention guidance). You shall comply with all such orders, directives and guidelines while on the premises of the Manatee County Parks and Natural Resources Department facilities. You understand and covenant to the County that you shall not enter the premises of the Manatee County Parks and Natural Resources Department facilities if you are experiencing any symptoms of COVID-19, if you have a confirmed or suspected case of COVID-19, or you have come in contact in the last fourteen (14) days with a person who has been confirmed or suspected of having COVID-19. 

This Waiver shall be governed by laws of the State of Florida. Venue for any action to enforce any of the provisions of this Agreement shall be in the Circuit Court of the Twelfth Judicial Circuit in and for Manatee County, Florida, or, to the extent any proceeding is removed to federal court, the United States District Court for the Middle District of Florida, Tampa Division. 

BY ENTERING, YOU ACKNOWLEDGE TO HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COUNTY FOR COVID-19 RELATED CLAIMS.