Housing and Human Services
General Agreements – All Participants
Read this! The following are important terms and conditions that govern your City of Boulder Older Adult Services, programs and activities. These terms include the release and waiver of important rights. This waiver will need to be signed on an annual basis prior to participating in any Older Adult Services program.
Release, Waiver, and Conditions of Use Agreement
I, the below-signing individual (hereafter, “I,” “My,” or “Myself”), agree as follows:
- Scope. My participation in City of Boulder (the “City”) Older Adult Services programming, groups, events, and activities, including drop-in fitness, registered fitness, massage, reflexology, lifelong learning, day-long or overnight trips, and any other programming offered by or through Older Adult Services or the City’s Health and Human Services or Parks and Recreation departments (collectively, “Activities”), as well as My use of the City of Boulder property, centers, and facilities while participating in Older Adult Services (“Facilities”), is governed by, and subject to, the terms and conditions of this Release, Waiver, and Conditions of Use Agreement (this “Agreement”).
- Conditions of My Participation. As a condition of My participation in Activities and use of Facilities, I agree to:
- Follow all rules, policies, and instructions of the City, its staff members, and any person(s) overseeing, coaching, or leading Activities and Facilities;
- The Older Adult Services Guidelines, as such guidelines may be updated from time to time;
- Adhere to the West and East Senior Center Rules, Regulations, and Suspension Policy, the City’s conduct policy and, to the extent I use City Department of Recreation facilities, the Rules, Regulations, and Suspension Policy, as such policies may be updated from time to time;
- Read and follow all written instructions;
- Pay for any damage I cause to Facilities within 30 days of the invoice; and
- Participate in Activities and use Facilities in a safe and responsible manner.
- Acceptance of Dangers & Risks. I accept and assume all risks, whether known or unknown, associated with My participation in Activities and use of Facilities. These risks include, but are not limited to, the risk of serious physical or emotional injury, infection with disease or viruses, paralysis, death, or damage to Myself or any third party. Common risks include, but are not limited to: falling down, tripping, bumping; back, bone, joint, head, neck, muscle or spinal injuries or strains; cuts; scrapes; choking; allergies or allergic reactions; exposure to disease or foodborne illnesses; heat stroke, heat exhaustion, or other exertion-related medical events; sunburn or other injuries; risk of CPR, defibrillation, or other care being administered to me, including in instances where such care is contrary to my instructions or wishes; and/or any damage or loss sustained to Myself or any of My personal property.
- Consultation with Medical Professionals. It is my responsibility to consult with a medical professional to ensure I am of sound mind and body to participate in my chosen Activities prior to My participation.
- Release and Waiver. I, on behalf of myself and my family, heirs, Executors, and successors of any kind, waive and relinquish all claims I may have as a result of my participation Activities and use of Facilities against the City and its City Council members, officers, employees, volunteers and agents.
- Agreement to Indemnify City. I agree to indemnify, defend and hold harmless the City against any claims already made and claims that may be made in the future that arise from, and are directly related to any harm caused by me while I participate in Activities or use Facilities.
- Property. I am solely responsible for the safeguarding of My property and possessions while I participate in Activities or use Facilities.
- Advance Authorization to Receive Medical Care. In the event of an emergency that entails Me becoming unconscious, unresponsive, or otherwise unable to consent to care, I authorize City officials to secure ambulance transport and provide resuscitation (CPR), defibrillation, and such other care or treatment as staff onsite may determine is necessary. To the extent legally permissible, I accept the risks of such care. I agree that I will be solely responsible for payment of any ambulance ride or other incidental or medical costs incurred.
- Photo and Video Release. By participating in Activities and using the Facilities, I understand and agree that the City may take photographs, videos, audio, or other recordings of Me and/or My child(ren) during such participation or use.
- Sharing of Personal & Other Information. I consent to the sharing of the personal and other information I provide to the City, including information shared through its third-party software providers that I use for My participation in Activities and use of Facilities, as the City reasonably determines is necessary or prudent. This consent includes, but is not limited to, the sharing of My personal or other information with the following persons and entities:
- Third-party providers, instructors, contractors, case managers, and activity leaders who support or contract with the City’s Housing and Human Services Department and Parks and Recreation Department to facilitate, lead or support programming, Activities, or use of Facilities;
- Banks, payment processors, and other financial entities to facilitate transactions;
- Parties conducting research or analyzing City programming, participation, or recreation usage, provided such parties shall be contractors of the City or educational or nonprofit institutions;
- Medical, fire, and police personnel;
- Any person (including any emergency contact) contained or identified in my Household Account; and,
- Any other person or entity as the City determines is necessary to fulfill its legal responsibilities or to comply with a court order, subpoena, or government investigation.
- Standard Administrative Terms - Incorporated. This Agreement, and my participation in Activities and use of the Facilities, is further governed by the City’s Standard Administrative Terms and Conditions, which are hereby incorporated and made a part of this Agreement. I understand I should read those terms before signing.
I understand and agree that my participation in Activities and Facilities may be suspended or terminated if I fail to follow these Conditions of My Participation.
In addition, I accept and assume the following Activity-specific risks and dangers:
Bicycling Activities. The risks of falling, colliding with vehicles or other cyclists, encountering road hazards such as potholes and cracks, crossing train tracks, bicycle malfunction or failures, and being chased or attacked by animals.
Internet and Computer Activities. The risks associated with using internet technology, such as social media, electronic mail, or accessing the internet through computer devices, such as risks of loss or damage that arise from identity theft, malicious software, computer viruses, unsolicited e-mail, theft of data, passwords, or financial information, inappropriate content, or fraud.
I have considered the risks of participation and have chosen to participate in Activities and to use Facilities with full knowledge and acceptance of the risks.
I give the City permission to use these images and recordings for any lawful purpose related to the City’s Activities or Facilities, including publicity, marketing and education. This may include use in printed materials, displays, websites, social media, broadcasts and other media—now or in the future.
I understand that I will not receive any payment for the use of these images or recordings, and I waive any right to review or approve them before they are used. I release and discharge the City, its employees, agents and contractors from any claims or demands related to this use, including claims for invasion of privacy or infringement of publicity rights.