CORNETT’S SPIRIT OF THE SUWANNEE, INC. 3076 95th Drive Live
Oak, Florida 32060
Warning Notice, Release, Hold Harmless & Waiver of Liability For COVID-19 For Visitation at the Spirit of the Suwannee Music Park For Parent/Natural Guardian and Child/Children
In order to engage in any activity or to visit the Spirit of the Suwannee Music Park ("Park"), each guest over the age of eighteen (18) must read and agree to this Warning Notice, Release, Hold Harmless & Waiver of Liability. Any parent or natural guardian responsible for, and accompanied by, any minor person under the age of 18 who signs this document also signs on behalf of each such minor.
I. The novel coronavirus, COVID-19, has been declared a Worldwide pandemic by the World Health
Organization. On March 13, 2020, the President of the United States declared COVID-19 a national emergency. The United States Centers for Disease Control (CDC) publishes and revises a COVID-19 Overview document and guidance on the CDC.gov website. COVID-19 is reported to be extremely contagious. While the state of medical knowledge of COVID-19 is evolving, the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and by airborne spread. People reportedly can be infected and be contagious while showing no symptoms. The exact methods of spread and contraction are unknown with any certainty and there is no known treatment, cure or vaccine for COVID-19: it can be fatal and can lead to serious illness and/or permanent disability in persons who contract it. While full vaccination has been reported to reduce the risk of severe illness or death, and has been reported to reduce the chance of spreading the virus, vaccination is not fully effective at doing so: fully vaccinated persons can still contract and spread the virus to other persons.
II. Cornett's Spirit of the Suwannee, Inc. and James Cornett (collectively "the Park") cannot prevent you or your child from becoming exposed to, contracting, or spreading COVID-19 to other persons while you are at the Spirit of the Suwannee Music Park® or if you purchase or use goods or services there. It is simply not possible to prevent against the presence of the virus, on persons, on surfaces, and in the air. Therefore, if you choose to visit the Park, or purchase or use goods or services there, you may be exposing yourself and your children to COVID19 and to increasing your risk of contracting COVID-19, or of spreading it to other persons.
III. Cornett's Spirit of the Suwannee, Inc. does not wish to have a guest or his or her children come to the Park if: (1) he or she or the child has been diagnosed with COVID-19 and have not been cleared as non-contagious by the Suwannee County Health Department or the individual's licensed medical doctor; (2) he or she or the child has been exposed to anyone who has tested positive for COVID-19 or who is reasonably suspected to have the virus; or (3) he or she or the child currently, or within the past fourteen days has experienced any of the following symptoms: fever or chills, cough, fatigue, shortness of breath, muscle or body aches, headache, new loss of sense of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea; and who has taken the CDC's On-line Coronavirus self-assessment (www.CDC.gov), truthfully responded to the survey, and has been advised to get tested or to self-quarantine.
IV. The Park does not wish to have a guest enter the property if he or she is unwilling to follow and have his or her children follow, CDC guidelines on personal hygiene, social distancing and wearing of an adequate face covering one's nose and mouth at all times when either indoors, or within six feet of another person with whom the guest has not been in recent close proximity to, and affiliated with, as family or friend.
V. All guests to the Park have a duty to self-monitor for signs and symptoms of COVID-19 (see, item III (s)) and to seek medical assessment and/or treatment if warranted. In addition, any guest to the Park who tests positive for COVID-19 or who is diagnosed by a medical professional as having COVID-19, has a duty to promptly self-quarantine off-site and to notify the Park office promptly of the test result or diagnoses. All guests must monitor their children and to seek medical assessment and/or treatment for them if warranted. Further, any guest to the Park who has a child that tests positive for COVID-19 or who is diagnosed by a medical professional as having COVID-19, has a duty to promptly quarantine such child off-site and to notify the Park office promptly of the test result or diagnoses.
THE UNDERSIGNED is warned of, and acknowledges that, the inherent risks of COVID-19 include, but are not limited to, the following: the virus is highly contagious; can be spread by persons who do not exhibit any symptoms; is invisible; cannot be easily detected in other persons, on surfaces or in the air; cannot easily be protected against even when following health recommendations on personal protective measures; affects certain persons such as elderly persons and persons with certain underlying health conditions such as heart disease, respiratory problems, and diabetes; and that Park staff and another guest may fail to exercise proper care and responsibility for his or her conduct under the circumstances. Any one of these inherent risks can result in serious injury or death to a person, or to the unborn child of a pregnant woman.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned, of his or her own behalf and that of his or her heirs, successors and assigns; hereby assumes each of the risks described above, assumes all risk of contracting or spreading COVID-19, holds harmless, waives liability, and releases and discharges James Cornett and Cornett’s Spirit of the Suwannee, Inc., its officers, directors, agents, servants, employees, and all volunteers from any and all actions, causes of actions, claims, demands, damages, costs, expenses, attorney’s fees, compensation and all consequential or other damages now accrued or hereafter to accrue to or for the benefit of the undersigned as a result of any act(s), omission(s) and/or negligence of: the undersigned guest; another guest; James Cornett; or Cornett’s Spirit of the Suwannee, Inc., its officers, directors, agents, servants, employees, and all volunteers, specifically including, without limitation, any death, personal injury or property damage incurred while entering, engaging in any activity on, or purchasing or using any good or service, on the Park's property.
THE UNDERSIGNED further agrees that he or she has been advised to wear, and to have his children wear, personal protective equipment, including a face covering that covers the nose and mouth (not a neck gator or fleece) such as a N-95 respirator (unvented), surgical mask that complies with ASTM F2100, or that complies with the CDC guidelines on masks/face coverings, properly fitted and in good condition when indoors or within six feet of any other person with whom the guest or his or her children has not been in recent close proximity to, and affiliated with, as family or friend.
THE UNDERSIGNED agrees to promptly notify the Park office in person or by telephone (386)364-1683 if he or she becomes aware of any potential dangerous or hazardous condition involving lack of sanitation, the health or conduct of another person; or to call 911 in case of emergency.
THE UNDERSIGNED acknowledges that should medical treatment be required for any injury, including injury to his or her child, that the undersigned and/or his or her own insurance company shall pay for all such costs, expenses and deductibles.
The UNDERSIGNED agrees to read and abide by the Park’s Rules when visiting the Park and to have his or her children do so at all times. The Park Rules are available in the Park office or on-line at www.musicliveshere.com.
It is agreed that this Warning Notice, Release, Hold Harmless & Waiver of Liability shall be construed under Florida law, that any proceedings hereunder shall be held in State court in Suwannee County, Florida, that the prevailing party shall be entitled to an award of court costs and attorney’s fees, and that the right to a trial by jury is specifically waived. You should seek legal advice prior to signing this document if you do not understand it.
THIS WAIVER OF LIABILITY CONTAINS A RELEASE OF LIABILITY FOR NEGLIGENCE. PLEASE READ IT CAREFULLY BEFORE SIGNING.
Your Name (please print clearly): _____________________________________________________________
Your Address: ____________________________________________________________________________ City: ________________________________________________________ State: _______________ Zip/postal code: __________ Country: ___________
Your Cellular Telephone: _(___)________________________________________
I acknowledge that I am over the age of 18, and that I have read, fully understand, acknowledge, and fully agree to all of the above on behalf.
Signature of Guest: X_______________________________________________
Date signed: _________
NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF CORNETT'S SPIRIT OF THE SUWANNEE, INC. AND IT'S OFFICERS, DIRECTORS, AGENTS, SERVANTS, EMPLOYEES OR VOLUNTEERS OR JAMES CORNETT ("SPIRIT/CORNETT") USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE THAT YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THE ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM SPIRIT/CORNETT. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY, YOU HAVE THE RIGHT TO
REFUSE TO SIGN THIS FORM, AND SPIRIT/CORNETT HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
I acknowledge that I am over the age of 18, and that I have read, fully understand, acknowledge, and fully agree to all of the above, that I am the parent or natural guardian of my minor child/children, and that I am signing on behalf on my minor child/children.
Signature of Parent or Natural Guardian: X_______________________________________________
Date signed: _________