ASSUMPTION OF RISK AND RELEASE OF LIABILITY RELATING TO CORONAVIRUS / COVID-19 (this "agreement")
Coronavirus (COVID-19) has been declared a worldwide pandemic by the World Health Organization. Coronavirus 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 physical distancing and have, in many places, prohibited the assembly of large groups (usually of 10 or more). You acknowledge that Premiere Dance Project has put in place certain "coronavirus rules", and taken certain preventative measures, to reduce the spread of coronavirus within the facility; however, Premiere Dance Project cannot guarantee that you, your child(ren), or your family will not be exposed to or become infected with coronavirus. You understand that by accessing the studio, you may be putting you, your child(ren), or your family at increased risk for contracting coronavirus. You further acknowledge that individuals with health conditions such as heart disease, cancer, or diabetes may be more likely to suffer more sever symptoms as a result of contracting the coronavirus.
By consenting online, you (referred to below as "I") understand, acknowledge and agree to the following statements:
-I assume the risk that I, my child(ren), or my family may be exposed to or become infected with coronavirus and the such exposure and/or infection may result in personal injury; illness, causing mild symptoms such as fever or body aches, or more severe complications, such as pneumonia or organ failure, permanent disability or death.
- I understand that the risk of exposure to or infection with coronavirus may result from the acts, omissions, or negligence of myself or others, including but not limited to, the employees, owners, and other members of Premiere Dance Project.
- I, as a parent, have informed and educated my child(ren) of all social distancing guidelines that he/she is expected to follow while in participation at Premiere Dance Project.
- I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, my child(ren), or my family (including, but not limited to, personal injury, disability, or death), illness, damage, loss, claim, liability or expense (including medical bills, attorneys' fees and court costs), or any kind, that I, my child(ren) or my family may experience or incur in connection with my access to the studio or participation in the services provided by Premiere Dance Project (collectively "Claims"); and
-I hereby release, covenant not to sue, discharge and hold harmless Premiere Dance Project, it's owners and it's employees (collectively "Releasees"), of and from all Claims including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or related to my access to the studio or participation in the services provided by Premiere Dance Project, whether arising out of the negligent or grossly negligent acts or omissions of any Releasee or otherwise, and whether any coronavirus infection or exposure occurs before, during or after access to the studio or participation in any of the services provided by Premiere Dance Project.
-I understand that by signing this release, I am waiving any and all Claims, including those Claims that may be unknown to me, or which I do not suspect to exist at this time.
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
-I understand and agree that this Agreement shall be in addition to, and not in lieu of, any other assumption of risk provision or releases of liability as may be found in my membership agreement, and that such assumption of risk and releases of liability provision remain fully intact.
-If any provision of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court or arbiter declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in this Agreement. Releasees are third-party beneficiaries to this Agreement and shall have the right to enforce this Agreement as if Releases were a party hereto.
I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT, HAVE BEEN GIVEN THE OPPORTUNITY TO REVIEW ITS TERMS WITH MY LEGAL COUNSEL, AND AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF THE ACTIVITIES.