P.L.A.Y. Positive Learning Active Youth: Waiver

P.L.A.Y.

WAIVER OF LIABILITY AND INDEMNITY AGREEMENT 

Your Child/Children Participant(s)(“Child”): __________________________________________________ 

IN CONSIDERATION of my Child being permitted to participate in the program  hosted by P.L.A.Y., a Texas 501c3 Organization (“P.L.A.Y.”), I, on behalf  of myself, my spouse, Child and Child’s parents, together with each of their heirs, assigns,  next of kin, personal representatives, and legal representatives (collectively, the “Family  Parties”), hereby acknowledge that novel coronavirus (“Covid-19”) infections have been  confirmed throughout the United States, the State of Connecticut, and Fairfield County.  

P.L.A.Y. has taken certain steps to implement recommended guidance and  protocols issued by the Centers for Disease Control (“CDC”), Texas Department of  Public Health and local town governments (collectively, “Public Health Agencies”) for  slowing the transmission of COVID-19, including without limitation, daily temperature  monitoring of staff and children, facial masks for staff, continuous hand washing, frequent  sanitizing of high-touch surfaces and toys and social distancing of 6 feet when possible.  and implementing the notification provisions contained in this waiver for all participants in  the Company’s programs.  

The undersigned, on behalf of the Family Parties, hereby acknowledges and agrees as follows: 

1. P.L.A.Y. may revise its procedures at any time based on updated  recommended guidance and protocols issued by the Public Health Agencies and the  undersigned and the Family Parties will comply with the Company’s procedures, as they  are revised from time to time, prior to the Child’s attendance at P.L.A.Y.’s programs. 

2. P.L.A.Y.’s programs are held in private homes (individually and  collectively, the “Program Locations”) that are not open to the general public. The Program  Locations are not under the P.L.A.Y.’s control and, while P.L.A.Y. will take  reasonable steps to investigate the safety of the Program Locations, P.L.A.Y. cannot  and does not warrant the safety of any Program Location.  

3. Due to the nature of P.L.A.Y.’s programs and the age of the children who  participate in such programs, social distancing of six (6) feet per person among the Child,  the other children participants, and P.L.A.Y. providers, is not possible. The  undersigned fully understands and appreciates both the known and potential dangers of  participation in P.L.A.Y.’s programs at the Program Locations and acknowledges that  the participation in P.L.A.Y.’s programs and presence at the Program Locations by the  Child may, despite P.L.A.Y.’s reasonable efforts to mitigate such dangers, result in  exposure to COVID-19, which could result in quarantine requirements, serious illness,  disability, and/or death.

4. The Child shall not participate in P.L.A.Y.’s program if he or she: (i)  experiences symptoms of COVID-19, including without limitation, fever, cough, or  shortness of breath; (ii) has a suspected or confirmed case of COVID-19. 

5. The Child shall not participate in P.L.A.Y.’s programs within fourteen  (14) days after: (i) returning from any highly impacted areas subject to a CDC Level 3  Travel Health Notice; (ii) exposure to any person returning from areas subject to a CDC  Level 3 Travel Health Notice; or (iii) exposure to any person who has a suspected or  confirmed case of COVID-19. The CDC Travel Health Network is continuously updating the  list of Travel Health Notices and the undersigned agrees that they are aware of this list and  the countries listed. The undersigned agrees to check the CDC Travel Health Notices list  (https://www.cdc.gov/coronavirus/2019-ncov/travelers/index.html) prior the Child’s  participation in each individual session of the Company’s programs. The undersigned  agrees to notify P.L.A.Y. immediately if he or she believes that any of the foregoing  access restrictions may apply. 

6. The use of the Program Locations and participating in P.L.A.Y.’s  programs may involve inherent danger and risk, including without limitation, the risk of  physical illness (including COVID-19), injury, death or property damage. THE  UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF, ILLNESS,  BODILY INJURY, DEATH OR PROPERTY DAMAGE to the Family Parties while participating  in any P.L.A.Y. program, including the risk that the Program Locations may not be free of  COVID-19.  

In further consideration of Child being permitted to participate in P.L.A.Y.’s  program, the undersigned, on behalf of the Family Parties, hereby agrees to the following: 

1. The undersigned, on behalf of the Family Parties, hereby releases, waives,  discharges and covenants not to sue, P.L.A.Y., its members, managers, officers,  employees, volunteers and agents (collectively, the “P.L.A.Y. Releasees”) from any and all  liability to the Family Parties for any loss or damage, and any claim or demand on account  of any injury to, or an illness or the death of, any of the Family Parties (or any person who  may contract COVID-19, directly or indirectly, from any of the Family Parties) arising out of  the Child’s attendance at any of P.L.A.Y.’s programs, including any liability arising  from the Program Location.  

2. The undersigned hereby agrees to indemnify and save and hold harmless P.L.A.Y. Releasees, from any loss, liability, damages or costs they may incur, while the  Child is in, upon or about the Program Location or participating in P.L.A.Y.’s program. 

3. The undersigned further expressly agrees that the foregoing WAIVER OF  LIABILITY AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is  permitted by the laws of the State of Texas and that if any portion thereof is held  invalid, it is agreed that the balance shall, notwithstanding, continue in full leave force and  effect. The undersigned and P.L.A.Y. jointly agree that in the event any court of  competent jurisdiction determines that the provisions of this agreement are excessively  broad, then the undersigned hereby consents to the judicial modification of the provisions 

of this agreement in such a manner that renders such provisions enforceable to the  maximum extent permitted by applicable law. 

I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS WAIVER OF LIABILITY AND  INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS,  STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT  HAVE BEEN MADE BY P.L.A.Y. OR ANY OF P.L.A.Y. RELEASEES. I AM  AWARE THAT BY AGREEING TO THIS WAIVER OF LIABILITY AND INDEMNITY  AGREEMENT, I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO  RECOVER DAMAGES FROM P.L.A.Y. IN CASE OF ILLNESS, INJURY, DEATH OR  PROPERTY LOSS OR DAMAGE, INCLUDING FOR THE AVOIDANCE OF DOUBT AND  WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT ANY PROGRAM LOCATION OR  PROGRAM AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I  UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF  AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF A MINOR: I ALSO  UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY CHILD AND/OR  LEGAL WARDS AND I REPRESENT AND WARRANT TO P.L.A.Y. THAT I HAVE FULL  AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINORS. 

I have read and understand the terms of this WAIVER OF LIABILITY AND INDEMNITY AGREEMENT and by checking the box below I agree to its terms.