Waiver ACKNOWLEDGEMENT, RELEASE, WAIVER AND INDEMNITY AGREEMENT (Curling and Other Activities at the Curling Club) I, the undersigned, understand that curling is played on ice and requires physical fitness and that I may be in close proximity to others with a risk that I could be exposed to communicable disease (including MESA, influenza, and COVID-19) while on or about the ice or other areas of curling facility. I further understand that curling and attending and participating in training, bonspiel, competitions, recreation, events, spectating, or other activities at the Curling Club (collectively, the “Activities”) involve risks, dangers and hazards that may cause serious personal injury, disability, or death and that injuries are a common and ordinary occurrence. COVID-19 is a highly infectious, life-threatening disease. Contact with others, including asymptomatic individuals, or contact with surfaces that have been exposed to the virus could lead to infection. As knowledge and guidance regarding COVID-19 is constantly changing, KMCC reserves the right to adjust and implement precautionary methods based on updated recommended guidance and as necessary to decrease the risk of exposure for its staff and patrons. Kettle Moraine Curling Club, a Wisconsin non-profit corporation (“KMCC”) has put in place certain precautionary practices and safety measures to reduce the risks, dangers, and hazards of participating in the Activities. KMCC reserves the right to adjust and implement different precautionary practices based on its discretion and as necessary to decrease the risk of serious personal injury, disability, or death. KMCC recommends the following precautionary practices: Warm up properly before playing. Allow time to stretch and warm up to reduce the risk of strain or stretch injuries. Wear warm, athletic layers that are comfortable and allow movement. Jeans are not recommended. Think gloves may help prevent blisters and injury while sweeping. The icehouse is kept at approximately 40°F.Wear clean-soled athletic shoes with good traction on ice to help keep the ice safe and clean. Safety headgear is recommended for all participants. Use your broom or brush appropriately. Use your broom or brush to help keep your balance and avoid falls, both when you are getting on and off the ice and while playing. Use your broom or brush to stop the rocks. Step on to the ice with your gripper foot; never step onto the ice with your slider foot. Step off the ice with your slider foot; never step off the ice with your gripper foot. Ice conditions can change frequently. Note how slippery the ice is when you first step on and use extra caution if necessary. Keep your feet on the ice. Walk or slide – Never hop or run. Keep focused on the game. Be aware of where the rocks and equipment are. Illness and alcohol can affect your balance the effects will be much more noticeable on the slippery ice. Avoid playing if your balance is impaired in any way. Follow any additional rules, regulations, or procedures given to you by KMCC staff or posted in the icehouse. Informed Consent and Assumption of Risk Acknowledgement* I acknowledge that the Activities are potentially dangerous and involve risks of serious personal injury, disability, and/or death. I acknowledge that the risks include, but are not limited to, slipping and falling on icy surfaces, including both the curling rink and other surfaces; variations in ice conditions on the curling rink; subfreezing temperatures; collisions with other patrons; collisions with objects, including walls around the curling rink, and equipment, including curling brooms and curling stones; defective equipment; sudden on-ice movements or stops; physical overexertion; and the transmission of communicable illnesses and diseases such, as COVID-19. I accept the risks associated with the Activities, including both risks known and unknown, in order to utilize KMCC’s facilities. I acknowledge that some risks associated with the Activities may arise from the negligent actions or omissions from other patrons or KMCC members, managers, agents, directors, officers, or employees. I acknowledge that there are ways to greatly reduce certain risks associated with the Activities, including by being physically fit, wearing a helmet, training, or taking lessons, following applicable COVID-19 mitigation guidelines, and using common sense. I understand that COVID-19 is extremely contagious and can lead to severe illness and death. I also understand that there are several vaccines available to help mitigate the effects of COVID-19, that one of the best ways to prevent illness is to avoid exposure to the virus, that the virus is primarily spread from person-to-person, and that the virus may spread more easily in locations open to the public. I have been encouraged to review the current CDC guidelines at: https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html. I acknowledge that KMCC cannot guarantee that I will not contract COVID-19, and that my risk of contracting KMCC may increase by participating in the Activities. I represent and acknowledge that each time I engage in the Activities I am thereby certifying that I do not have any symptoms of illness including those symptoms associated with COVID-19. I believe I have been adequately informed of the risks associated with participating in the Activities. If I did not believe I was adequately informed of such risks, I would not sign this Acknowledgment, Release, Waiver, and Indemnity Agreement. WAIVER AND RELEASE OF LIABILITY In consideration of the opportunity to participate in the Activities, and for the Activities in which the undersigned actually participates, the undersigned, for himself or herself and his or her personal representatives, assigns, heirs and next of kin: Acknowledge, represent and agree that he or she fully understands that: (a) the Activities involve dangers and risks that could result in serious bodily injury, including, without limitation, contraction of communicable diseases, hypothermia, head injuries, broken bones, spinal injuries, permanent disability, paralysis and death; (b) such dangers and risks may be caused by or result from his or her own actions or inactions, or the negligent actions or inactions of others participating in the Activities, KMCC, The United States Curling Association (“USCA”), and the Wisconsin State Curling Association (“WSCA”) (and their respective members, managers, agents, directors officers and employees (collectively, the “Releasees”)), and others attending, observing, or participating in the Activities; and (c) the Activities may involve dangers, risks or losses that are not now known to me and/or are not now readily foreseeable. The undersigned fully accepts and assumes all such risks and dangers, including, without limitation, all risks of losses, costs and damages, known or unknown, foreseeable or unforeseeable, that he or she may incur or sustain as a result of his or her participation in the Activities to the extent that any and all losses, costs and/or damages are the result of, directly, indirectly or otherwise, the negligent acts or omissions of one or more of the Releasees (but excluding intentional or reckless acts of Releasees). Covenant, warrant and agree that the undersigned will examine the conditions of the Activity and that if the undersigned observe or witness any significant danger, hazard or other unsafe condition, the undersigned will remove himself or herself from participation and bring such danger, hazard or other unsafe condition to the attention of the nearest KMCC representative, or other person conducting the Activities. Hereby forever release and discharge, and covenant and agree not to sue, any or all of the Releasees, and their successors or assigns, from and against any and all liability, claims, damages, demands, or losses caused, or allegedly caused, in whole or part by any negligent acts or omissions (but excluding intentional or reckless acts or omissions) of any of the Releasees. The undersigned further covenants and agrees that if, despite this voluntary Acknowledgement, Release, Waiver, and Indemnity Agreement, anyone on my behalf makes a claim against any or all of the Releasees or their successors or assigns based upon any negligent acts or omissions of any or all of the Releasees, the undersigned will INDEMNIFY AND HOLD HARMLESS each of the Releasees and their successors or assigns from any loss, liability, damage, cost, expense of litigation, and attorneys’ fees. BY EXECUTING THIS WAIVER, THE UNDERSIGNED REPRESENTS AND WARRANTS THAT HE OR SHE HAS READ THIS AGREEMENT, FULLY UNDERSTANDS ITS TERMS, AND ACKNOWLEDGES AND AGREES THAT THE UNDERSIGNED HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. THE UNDERSIGNED HAS SIGNED THIS AGREEMENT FREELY, VOLUNTARILY, WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND WITH FULL OPPORTUNITY TO NEGOTIATE THE TERMS HEREOF. THE UNDERSIGNED INTENDS THAT THIS AGREEMENT IS A COMPLETE AND UNCONDITIONAL RELEASE OF ANY AND ALL LIABILITY FOR ANY ACTS OR OMISSIONS OF KMCC (OTHER THAN INTENTIONAL OR RECKLESS ACTS) TO THE GREATEST EXTENT ALLOWED BY LAW. THE UNDERSIGNED AGREES THAT IF ANY PROVISION OF THIS AGREEMENT IS DETERMINED TO BE INVALID, THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING. Name* First Last Agreement Checkboxes* I WAIVE MY RIGHT TO AMEND THE TERMS OF THIS ACKNOWLEDGMENT AND RELEASE. Signatures delivered by electronic means will be deemed to be and will treated for all purposes as original signatures. I agree to these terms. I would like to receive more information about becoming a member Email Signature* Reset signature Signature locked. Reset to sign again By signing above, I acknowledge that I have read and understand the terms and provisions of this Release, I appreciate its legal significance, and I sign this Release voluntarily.EmailThis field is for validation purposes and should be left unchanged.