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COVID 19 POLICY

USA WATER POLO

SANCTIONED EVENT WAIVER, RELEASE AND INDEMNITY

THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING.

The coronavirus has been affecting different parts of the country in different ways and will continue to do so. Nevertheless, governmental authorities in your locality may relax the social distancing/shelter in place requirement so as to permit the resumption of at least some water polo related activities. USA Water Polo members and clubs should refer to the sources of publicly available information regarding the social distancing/shelter in place requirements applicable to their locality and, at a minimum, observe those requirements.

According to the United States Olympic and Paralympic Committee’s Chief Medical Officer, although the young and healthy tend to have less severe cases of COVID-19, every case of this disease is potentially life-altering or deadly. At this time, there is no way of completely eliminating the risk of fatal infection.

While no precautionary measures can guarantee that participants in, or spectators at, water polo activities will not be exposed to, or contract, the COVID-19 virus, there are a number of publicly available sources of information regarding precautions that our members and clubs may elect to take in order minimize the risk of COVID-19 infection. Those sources include:

 

USA Water Polo does not endorse any particular program or source of information and urges our members and clubs to become as informed as possible regarding the precautions against spreading the COVID-19 virus that can be taken and to select those, in the judgment of our members and member clubs, that will best protect our members and their families under the particular circumstances under which they are contemplating a return to play. Also, our knowledge regarding the COVID-19 virus, and the best means of avoiding infection, is constantly changing. USA Water Polo does not assume any duty to update the information in this document as additional knowledge regarding the COVID-19 virus is obtained. The information in this document is intended to provide our members with general information. We urge our members to seek their own medical and legal advice that can be tailored to their individual circumstances.

As a reminder, in order for USA Water Polo’s insurance to be available, all participants Club activities must be current USA Water Polo members, the activities must be supervised by a current USA Water Polo coach member and a participation log should be maintained. Also, USA Water Polo’s insurance does not cover activities conducted at unapproved locations, such as backyard swimming pools, lakes or the ocean.

 

    1. All participants at the Event must be current USA Water Polo members and must have agreed to the terms and conditions of the USA Water Polo COVID-19 Release and Waiver in effect as of the commencement of the Event.

 

 

    1. The Club acknowledges, appreciates, and agrees that there is a risk that participants in, and spectators at, the Event may contract the COVID-19 virus as a result of their attendance at the Event, that the disease caused by the COVID-19 virus is serious and could result in death, and that such risk cannot be eliminated.

 

 

    1. The Club acknowledges and agrees that USA Water Polo has not independently assessed the risk of any person contracting the COVID-19 virus while participating in the Event or undertaken any duty to minimize that risk.

 

 

    1. The undersigned acknowledges and agrees that USA Water Polo will not supervise the manner in which the Club may elect to conduct the Event to ensure that the Event is conducted in accordance with applicable laws and regulations related to COVID-19 or in a manner so as to minimize the risk that a participant at the Event may contract the COVID- 19 virus at the Event.

 

 

    1. The Event must be conducted in compliance with any applicable laws and regulations pertaining to social distancing and other COVID-19 precautionary laws and regulations in force at the location of the Event.

 

 

    1. As a result, the Club knowingly and freely assumes all risks associated with the Event and other activities related thereto.

 

 

    1. The Club agrees to indemnify USA Water Polo, and to hold USA Water Polo harmless from, any claim by any person (whether or not a USA Water Polo member) including, without limitation, participants and spectators at the Event, arising out of, or related to, any such person contracting the COVID-19 virus at the Event. Subject to the right of any USA Water Polo insurer to select counsel to defend against any indemnified claim, USA Water Polo may select counsel to defend against any indemnified claim and the Club shall promptly reimburse USA Water Polo for any expense that it may incur in connection with such defense.

 

 

  1. The Club hereby releases: (a) USA Water Polo, (b) USA Water Polo’s sponsors and advertisers, and (c) the officers, directors, agents, employees and independent contractors of each of the foregoing (the parties referred to in sections (a), (b) and (c) of this paragraph being collectively referred to as the “Released Parties”) from any and all claims, actions, causes of action and liabilities, whether known or unknown, suspected or unsuspected, of every nature whatsoever that the Club has, or may have, now or in the future, relating to the Club’s conduct of the Event and USA Water Polo’s issuance of a sanction for the Event, other than claims based upon USA Water Polo’s gross negligence or willful misconduct.