BLACK HERITAGE TRAIL OF NEW HAMPSHIRE, INC. (BHTNH)
PLEASE NOTE: As of September 18, 2020, the City of Portsmouth has a mandatory Face Covering Ordinance in effect until January 4, 2021. Details are on the City website here. Face coverings are required both inside and outside with few exceptions, and a $25 fine for non-compliance is in place in the City of Portsmouth.
COVID-19 ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
In accordance with the most recent guidance and protocols issued by the World Health Organization (WHO), the Centers for Disease Control (CDC), and the New Hampshire Department of Health (NHDH) for slowing the transmission of COVID-19, the undersigned hereby acknowledges and agrees he/she/they has/have not within the immediately preceding fourteen (14) day period (i) returned from highly impacted areas subjected to a CDC Level 3 Travel Health Notice issued by the CDC Travel Health Network (CDC), (ii) returned from a U.S. state or territory other than Maine, Massachusetts, Vermont, Rhode Island, or Connecticut (New England), or (iii) been exposed to any person returning from areas subject to a CDC Level 3 Travel Health Notice or outside of New England, or (iv) been exposed to any person who has a suspected or confirmed case of COVID-19. The undersigned further acknowledges and agrees that he/she/they has/have not been diagnosed with or suspected to have COVID-19 and are not experiencing any symptoms of COVID-19 including, without limitation, fever, cough, or shortness of breath.
The BHTNH has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including, without limitation, access/use restrictions of the facility, frequency of cleaning, use of masks/face coverings, and social distancing.
The undersigned further understands and appreciates both the known and potential dangers of participating in tours offered by BHTNH and acknowledges that participation may, despite BHTNH’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.
IN FURTHER CONSIDERATION OF PARTICIPATING IN BHTNH TOURS, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
THE UNDERSIGNED, ON HIS/HER/THEIR BEHALF AND ON BEHALF OF ALL PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN, RELEASES, WAIVES, AND DISCHARGES BHTNH its directors, officers, employees, volunteers, representatives and agents from all liability for any loss or damage, and any claim or demands on account of any property damage or any injury to, or an illness or the death of the undersigned related to COVID-19 or other infectious disease (or any person who may contract COVID-19, directly or indirectly, from the undersigned) whether caused by the negligence, active or passive, of BHTNH.
THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS BHTNH, its directors, officers, employees, volunteers and agents, and each of them, from any loss, liability, damages or costs related to his/her/their exposure to COVID-019 or other infectious disease.
THE UNDERSIGNED further expressly agrees that foregoing ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as permitted by the laws of the State of New Hampshire and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT.NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS INCLUDING THE RIGHT TO RECOVER DAMAGES FROM BHTNH IN THE CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION OF ALL CLAIMS. IF SIGNING ON BEHALF OF A MINOR: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT THAT WARRANT TO BHTNH THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).
I have read and understand the terms of this Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement and agree to its terms.
Signature_________________________
Print Name:_______________________
Date:____________________________
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