Nick Waiver of Liability, Assumption of Risk and Indemnification Agreement
In consideration of being allowed to participate in programs, related events, or activities at The Nick, including the right to enter The Nick’s premises, access its fields, dog park, bathrooms, playgrounds and walking paths, and any area within the Nick, the undersigned acknowledges, appreciates, understands, and agrees, for myself and on behalf of my child(ren), other family members, spouses, estate, heirs, executors/administrators, assigns and personal representatives (“Releasing Parties”) that:
1. Visitors to the Nick inherently risk possible exposure to, and illness from, infectious diseases including, but not limited to, MRSA, influenza, and COVID-19 (collectively “Infectious Diseases”). While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist and the undersigned knowingly and willingly acknowledges the contagious nature of such Infectious Diseases;
2. The Nick cannot prevent you, your child(ren), or pets from becoming exposed to, contracting, or spreading Infectious Diseases while accessing the premises and/or participating in programs, events, and activities at The Nick. It is not possible to entirely prevent against the presence of Infectious Diseases. Therefore, if you choose to enter The Nick’s premises, you may be exposing yourself to Infectious Diseases and or increasing your risk of contracting or spreading Infectious Diseases;
3. I willingly agree to comply with the stated and customary terms and conditions for participation in regard to protection against Infectious Diseases (including, but not limited to, CDC Guidelines and the NH State Governors Orders related to the same), and will fully comply with any and call protocols set forth by the Nick. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation, and bring such to the attention of Nick Staff immediately;
4. I, for myself and on behalf of the Releasing Parties, HEREBY RELEASE, HOLD HARMLESS, AND AGREE TO INDEMNIFY The Nick (Wolfeboro Area Recreation Association), their officers, directors, employees, other participants, sponsoring agencies, sponsors, advertisers, if applicable, and lessors of premises used to conduct the programs (“Released Parties”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law;
5. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS PERTAINING TO INFECTIOUS DISEASES, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others and assume full responsibility for the same;
6. I certify that at any time following the execution of this release, if myself or my child(ren): (1) experience any symptoms of COVID-19 (including, but not limited to such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell), (2) have tested positive for COVID-19, (3) have come in contact with any individual who tested positive for COVID-19, or (4) have traveled outside the United States within the last 14 days, that I and/or my child(ren) will abstain from entering The Nick’s premises and will not, under any circumstances travel to the premises for at least ten (10) days. Furthermore, I certify that if myself or my child(ren) have been diagnosed with COVID-19 that I will not return to the premises until after ten (10) days have elapsed from diagnosis and myself or my child(ren) have tested negative for COVID-19; and
7. Irrespective of the above-mentioned Infectious Diseases, I hereby release and agree to hold The Nick and the Released Parties harmless from, and waive on behalf of myself and the Releasing Parties any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of The Nick, or that may otherwise arise in any way in connection The Nick. I understand that this release discharges The Nick from any liability or claim that I, my heirs, or any personal representatives may have against The Nick with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, visiting The Nick, participating in a program at The Nick, or attending an event or activity at The Nick.
8. The risk of injury from the activities that I am participating in may be significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist.
9. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releasees or others and assume full responsibility for my participation.
10. I willingly agree to comply with the posted park rules as well as the rules and guidelines that follow: If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such issue to the attention of the nearest official immediately.
11. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless The Nicholas J. Pernokas Recreation Park, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, and advertisers collectively, releasees with respect to all injury, disability, death, or loss or damage to person or property, whether arising from the negligence of the releasees or otherwise.
12. I do hereby permit and authorize The Nick, its employees, agents, personnel or assigns acting on behalf of and with the authority of The Nick, to take, use my or my child(s) photograph for purposes including, but not limited to, publicity, marketing, fundraising, presentations, and promotion of The Nick and its various programs.
The Nick Dog Park is now open for use and will be monitored throughout the day. ALL USE IS AT YOUR OWN RISK. FAILURE TO ABIDE BY THE DOG PAKR RULES AND COVID-19 PROTOCALS WITHIN MAY RESULT IN LOSS OF PRIVILEGES AND/OR CLOSURE OF THE PARK. We’re counting on the public to help keep our park safe for everyone.
COVID-19 DOG PARK RULES
1. All dog park visitors MUST sign The Nick waiver before entering the dog park. Anyone who has not yet fully completed and signed this form will be considered an unauthorized guest and will be asked to leave.
2. Face masks are required when entering, exiting, and when a 6-foot social distance cannot be maintained.
3. Limit of 5 people inside the fenced in area at any one time and maintain a 6-foot social distance throughout your visit.
4. Visits limited to 30 minutes per person/dog. After 30 minutes please leave the dog park if others are waiting. The next person to use the dog park will be based on a first come first served basis.
5. No congregating at the dog park or in the parking lot before or after play.
6. If you are waiting to enter, wait in the parking lot and maintain 6-feet between yourself and others. Consider visiting the dog park at off-peak hours to reduce your wait time.
7. Only 1 owner per dog is allowed inside dog park at one time.
8. Bring your own dog water bowl, water, waste bags, and hand sanitizer or wipes.
9. Avoid petting or touching other dogs and do not bring your own toys.
10. Only in an emergency should dog owners be in close proximity to others.
REGURALLY POSTED DOG PARK RULES
1. The Dog Park is self-policed, and owners are responsible for the behavior of their own pets and shall respect the posted rules
2. Aggressive dogs are prohibited (including dogs with resource guarding issues)
3. All dogs must be leashed outside of the fenced area, once in dog park all dogs MUST be off leash
4. All dogs must be spayed/neutered and up to date on vaccinations and have a valid license tag. No dogs with communicable diseases
5. Children must be at least 8 years of age to enter the dog park. Ages 8-12 must be accompanied by an adult
6. If your dog becomes aggressive, unruly, or plays rough, please leash him/her and leave immediately
7. Never leave your dog unattended. Always carry leach in your hand
8. Dog waste must be picked up and disposed of by owner/handler
9. Dogs must wear collar and ID tags at all times. No spiked, chain, prong, or shock collars
10. Limit 15 dogs in dog park at one time. Maximum of 2 dogs per adult.
11. No puppies under 4 months of age.
12. Absolutely NO Smoking, Alcohol or Drugs. Human food, dog treats, glass containers and dog treats are prohibited
13. Owners/handlers are liable for damages or injury inflicted by their dog(s)
14. Violators will be subject to removal from the park and suspension of park privileges
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS WAIVER OF LIABILITY, ASSUMPTION OF RISK INDEMNIFICATION AGREEMENT, AND RULES, AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND SIGN IT KNOWINGLY, FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
I hereby agree to comply with all rules and regulations posted at The Nick. I understand thatThe Nick is a privately owned facility and those not following park rules may be asked to leave.
All section below must be completed. Your personal information will be kept in a secure location in The Nick office for the sole purpose of communicating with park visitors and will not be shared or distributed.