Bell Creek Academy (Charter School), operated by Advantage Academy of Hillsborough, Inc., a Florida not-for-profit entity, offers School Activities for students attending Bell Creek Academy. School Activities are conducted on school grounds and away from school grounds on regular school days and on non-school days according to the School Activities schedule.
If my minor student participates in the School Activities program(s) I agree on my own behalf and on my minor student’s behalf to RELEASE, WAIVE, DISCHARGE, INDEMNIFY, HOLD HARMLESS AND COVENANT NOT TO SUE the Charter School, their board members, officers, servants, agents, or employees, chaperones, and volunteers (collectively RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by us or our child, or to any property belonging to us, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise, related to COVID-19.
I am aware of the novel coronavirus ("COVID-19") worldwide pandemic and that the Centers for Disease Control and Prevention ("CDC") considers COVID-19 to be highly contagious and spread mainly from person-to-person through respiratory droplets produced when an infected person respirates, coughs or sneezes. I am aware that millions of COVID-19 infections have been confirmed throughout the United States, including thousands of cases in Florida and the surrounding states. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, knowledge of the disease is imperfect, and the CDC guidelines are regularly modified and updated.
I acknowledge and appreciate the inherent, known and potential dangers of utilizing the facilities, and services of the Charter School and the School Activities programs while in the middle of a world-wide pandemic, and acknowledge that my and my student’s use thereof may, despite the reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability; and/or death, for myself, my student and others he/she may come in contact with.
I AM AWARE THAT BY AGREEING TO THIS AGREEMENT, I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE RELEASES IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE,
INCLUDING, AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 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, including court costs and attorney’s fees.
It is my express intent that this Release and Hold Harmless Agreement shall bind the members of our family and spouses if we are alive, and our heirs, assigns and personal representative, if we are deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named RELEASEES. We hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Florida. Nothing herein shall be interpreted to waive any of the RELEASEES’ rights and defenses under Florida Statutes Section 768.28, to the extent applicable.
IN SIGNING THIS COVID-19 WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT, WE ACKNOWLEDGE AND REPRESENT THAT we have read and understand the foregoing provisions; that we sign this AGREEMENT voluntarily as our own free act and deed; no oral representations, statements, or inducement, apart from the foregoing written agreement, have been made; we are at least eighteen (18) years of age and fully competent to sign and execute this release on our behalf and on behalf of our minor child/children; and we execute this Release for full, adequate and complete consideration fully intending to be bound by same.
Each parent legal guardian shall sign below for students participating in the Charter School’s School Activities program(s).