policies
PARTICIPANT AGREEMENT, WAIVER, PROGRAM
AND PAVILION RENTAL POLICIES
RELEASE FROM LIABILITY. In consideration of being permitted by the City of College Park to participate in activities at College Park Parks, Recreation, and Cultural Arts Department Facilities, the Participant, Participant’s heirs, assigns, successors, and representatives, does hereby fully release, indemnify and holds the City of College Park, its officers, elected officials, employees, agents, and representatives (collectively, “Released Parties”), harmless forever and unconditionally from any claims, liabilities, obligations, promises, agreements, disputes, demands, damages (including without limitation attorneys’ fees and related costs), causes of action of any nature and kind, known or unknown, which Participant has or ever had or may in the future have against the Released Parties arising out of or relating to any injury (including without limitation death), accident, loss, and/or other damage that Participant and/or Participant’s property may suffer while participating in any activity and/or using the College Park Parks, Recreation, and Cultural Arts Department Facilities (“Facilities”) and equipment.
ACKNOWLEDGMENT AND ASSUMPTION OF RISK. Participant understands that Participant’s participation in any activity and/or use of the Facilities or equipment may involve some risk of personal injury from time to time. Participant understands that Participant is voluntarily engaging in any such activities and/or use, some of which may involve vigorous physical activity, and that Participant assumes full responsibility for any loss, property damage or personal injury, including death, that Participant or Participant’s property may sustain as a result thereof, whether caused by the negligence of any of the Released Parties or otherwise, including without limitation as a result of negligent rescue operations. Participant hereby represents and warrants that, to the best of Participant’s actual or constructive knowledge, there is no reason, medical or otherwise, that would make any such participation or use unusually hazardous for Participant personally.
MEDICAL TREATMENT. In the event of an emergency, Participant hereby authorizes the City to secure from any licensed hospital, physician, or licensed medical personnel any treatment deemed reasonable and necessary for Participant’s immediate care. Participant understands and agrees that by taking such action, such persons are not admitting any liability to provide or to continue to provide any such services and that such action is not a waiver by such persons of any rights under this Form. Participant agrees that Participant will be responsible for payment of any and all medical services rendered. Participant also acknowledges that if Participant is injured during participation in the Activity, it is Participant's responsibility to seek appropriate medical care and to notify activity personnel.
COVENANT NOT TO SUE. Participant agrees, for Participant and all of Participant’s heirs, assigns, successors, and representatives, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which Participant or Participant’s heirs, assigns, successors, or representatives may have as a result of any personal injury, death or property damage Participant may sustain while participating in any activity and/or using the Facilities or equipment.
INDEMNIFICATION. Participant hereby agrees to defend, indemnify, and hold harmless the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of Participant’s participation in any activity and/or use of any of the Facilities or equipment.
PHOTOGRAPH/VIDEO RELEASE. Participant grants the City the right and permission to use photographs and/or video recordings of Participant on City and other websites and in publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to Participant. Participant waives the right to approve the final product and agrees that all such photographs and/or video recordings and reproductions thereof shall remain the property of the City. Participant hereby releases, discharges and holds the Released Parties harmless from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.
BINDING EFFECT. It is Participant’s express intent that this Form bind Participant’s family members, spouse, heirs, assigns, personal representatives, and anyone else entitled to act on Participant’s behalf to the extent that any such individual is actually acting on the Participant’s behalf. This Form is deemed as a release, waiver, discharge, and covenant not to sue the Released Parties.
VEHICLE LIABILITY RELEASE FORM
I assume all risks and hazards incidental to the transportation to and from said activity. I so further hereby release, absolve, indemnify, and hold harmless the City of College Park Parks, Recreation, and Cultural Arts Department, the staff, and the supervisors any or all of them. I hereby waive all claims against the City of College Park Recreation & Cultural Arts Department and the supervisors appointed by them.
I, THE UNDERSIGNED, CERTIFY THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE PARTICIPANT NAMED ABOVE. I ACKNOWLEDGE AND REPRESENT THAT I HAVE READ AND FULLY UNDERSTAND THIS FORM, CONSENT TO THE PROVISIONS CONTAINED HEREIN, AND AGREE THAT IT IS FULLY BINDING ON ME, THE PARTICIPANT, OUR HEIRS, ASSIGNS, AND REPRESENTATIVES. I FURTHER CERTIFY THAT I HAVE SIGNED UNDER MY OWN FREE WILL AND AM NOT SUFFERING UNDER ANY LEGAL DURESS (INCLUDING WITHOUT LIMITATION UNDUE INFLUENCE OR COERCION TO SIGN) OR OTHER DISABILITIES.
REGISTRATION POLICY
All program registration will have specific registration periods. All participation requires a fee(s) and a registration form(s). Attendance in a prior season, session, or program does not secure a slot for the following season, session or program. The participant may only attend the day and time that he/she was registered.
MAKEUP POLICY
Make-ups are not guaranteed.
CLASS ATTIRE
Each program may have specific attire needed for participation in the program. Each program will have attire requirements specified on the specific program information or you may contact the Program Administrator.
REFUND POLICY
There is a NO REFUND policy after the program’s first start date of the session. All refund requests must be put in writing by email collegepark.rca@collegeparkga.com to the facilitator of each program 24 hours prior to the start date of the program and an administrative fee of $15 may be deducted. If a refund request is for a contractual program the refund request would be at the discretion of the specific program not the City of College Park Parks, Recreation & Cultural Arts Department.
PAVILION RENTAL POLICIES
Only residents of the corporate city limits of the City of College Park (those persons who pay their utilities at the College Park City Hall), College Park City Government employees, City of College Park volunteer staff, or business/organizations within the corporate city limits may reserve a pavilions under the auspices of the City of College Park Recreation & Cultural Arts Department. The renter MUST be present for the entirety of the event, and the renter cannot reserve the pavilion for another group.
There is a $25 per pavilion that is charged for clean-up after usage. The fee is applicable to College Park City residents, College Park City government employees, College Park City volunteer staff, and businesses/organizations within the College Park City limits.
Pavilions can only be reserved for up to 5 hours and only 2 pavilions can be reserved per group.
Portable restrooms can only be placed at Barrett Park, and if rented on the weekends, they must be picked up the Monday following the reservation. If during the week, they must be picked up the following business day. Portable restrooms must be placed on the parking area next to the dumpster, not on the grass.
Persons with special usage requests must request from College Park City Manager and approval from Mayor and Council before they will be allowed to use the City parks.
The reservation is for the pavilion(s), not the entire park.
No banners or posters are to be placed in the park, other than the pavilion rental form.
The pavilion rental form should be placed on the pavilion at least two (2) hours prior to the scheduled usage time. The pavilion rental form should be removed and disposed after usage.
No bounce houses or blow-up equipment are allowed at any of the parks. Also, no fireworks or confetti allowed in the parks.
NO ALCOHOLIC BEVERAGES or illegal drugs are allowed on City property, buildings, or parking lots.
No loud profane music and/or DJ’s.
The parks do not have electrical outlets.
Only leashed pets allowed in the parks (owner is responsible for clean-up).
The use of the tennis courts is restricted to residents and is not part of the pavilion rental.
An inspection will be made of the premises by an authorized City staff member. In the event the City staff finds that the premises have been damaged, or that the premises have been left in a condition not as good as existed at the time of the beginning of the lease, the cost of repair and restoration will be the responsibility of the lessee and the security deposit will be forfeited.
Renter agrees to indemnify the City, and all its officers, elected officials, employees, agents, and representatives (collectively, “City Affiliates”), for any claims, damages, losses, and costs, including, but not limited to, reasonable attorney's fees and litigation costs, arising out of claims by third parties for property damage or bodily injury, including death, or other losses, to the extent caused by the breach of the Renter’s duties hereunder or by the negligence or willful misconduct of Renter, or any affiliates of the Renter in connection with the Rental and/or use of City facilities. This indemnity includes any claims or amount arising out of or recovered under the Worker’s Compensation laws of the State of Georgia, or arising out of failure of the Renter to conform to any federal, state, or local law statute, ordinance, or rules listed in this form.
In consideration of being permitted by the City of College Park to rent College Park Parks, Recreation, and Cultural Arts Department Facilities, the Renter, Renter’s heirs, assigns, successors, and representatives, does hereby fully release, indemnify and holds the City and City Affiliates harmless forever and unconditionally from any claims, liabilities, obligations, promises, agreements, disputes, demands, damages (including without limitation attorneys’ fees and related costs), causes of action of any nature and kind, known or unknown, which Renter has or ever had or may in the future have against the City and City Affiliates arising out of or relating to any injury (including without limitation death), accident, loss, and/or other damage that Renter and/or Renter’s property may suffer while participating in any activity and/or using the College Park Parks, Recreation, and Cultural Arts Department Facilities and equipment.
I represent and warrant that if I am purchasing something or paying for a service from this facility or from other merchants through this facility that (i) any credit card or bank account draft (ACH Draft) information I supply is true and complete, (ii) charges incurred by me will be honored by my credit card company or financial institution, and (iii) I will pay the charges incurred by me at the posted prices, including any applicable taxes, fees, and penalties.
I hereby authorize (if online payment is made or autopay information is provided) this facility to charge my ACH draft, or credit card account. I understand that a 30 day written notice is required to terminate billing and I am responsible for payment whether or not my student attends classes until I notify this facility in writing to drop my student from class(es).
Should I dispute a charge through my financial institution this will constitute a breach of contract possibly resulting in, but not limited to, penalties, additional fees, collection, legal action, and/or termination of any and/or all current and future services.
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate in activities at College Park Parks, Recreation, and Cultural Arts Department Facilities and related events and activities, the undersigned acknowledges, appreciates, and agrees that:
Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
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; and,
I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS the City of College Park their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), 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.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Assumption of the Risk and Waiver of Liability
Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people in excess of fifty, while maintaining a six-foot distance between them.
City of College Park (the “City”) has complied with all pertinent federal, state and local directives, and put in place preventative measures to reduce the spread of COVID-19. Notwithstanding the above, the City cannot guarantee that you will not become infected with COVID-19. Further, your presence at any City of College Park facilities (the “City Facilities”) could increase your risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by being at the City Facilities and attending events or gatherings at the City Facilities in any formal or informal capacity, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the City Facilities may result from the actions, omissions or negligence of myself and others, including, but not limited to, City of College Park employees, officers, and representatives, partners, attorneys, managers, employees, independent contractors, agents and representatives.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, permanent disability and death), illness, damage, loss, claim, liability or expense, of any kind, that I may experience or incur in connection with my presence at the City Facilities (the “Claims”). I hereby agree to release, covenant not to sue, discharge and hold harmless the City as well as its employees, officers, and representatives, partners, attorneys, managers, employees, independent contractors, agents and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions or negligence of City, its attorneys, managers, employees, independent contractors, agents and representatives, whether a COVID-19 infection occurs before, during or after my presence at the City Facilities. Further, I understand and acknowledge that this waiver and release also binds my heirs, administrators, executors, personal representatives, and assigns.
I understand and acknowledge that this assumption of risk, release and waiver of liability applies to any and all present or future demands, actions, causes of action, liens of any kind, costs, expenses, debts, liabilities, judgments, sums of money, damages, or claims of any kind or character, that in any way relate to my presence at the City Facilities during the year 2019 and 2020 during the COVID-19 global pandemic, that I may have against any and all City officers, directors and employees, other participants and personnel on the premises affiliated in any manner with the City.
I understand and acknowledge this assumption of risk and release and waiver of liability is executed by me for and on behalf of ________________, his or her heirs, successors, representatives or assigns, and is intended to be a full and complete release of the City of any and all claims that ________________ may now or hereafter have against the City arising out of, or in any way connected with, the mere presence on the property during 2019 and 2020 COVID-19 global pandemic.