Acknowledgment and Acceptance of Risk Agreement
The novel coronavirus, COVID-19 has been declared a worldwide pandemic by the World Health Organization. While BNI has taken the appropriate steps to mitigate the risk of COVID-19 being transmitted at BNI Chapter Meetings, BNI cannot guarantee or prevent you from becoming exposed to, contracting, or spreading COVID-19 as a result of attending a BNI Chapter Meeting. It is not possible to prevent against the presence of the disease. Therefore, if you choose to attend a BNI Chapter Meeting, you may be exposing yourself to and/or increasing your risk of contracting and/or spreading COVID-19.
Accordingly, knowing these risks and voluntarily attending a BNI Chapter Meeting in person, you are signifying that you accept all of the following statements:
• I acknowledge that it is my personal and voluntary decision to return to in-person Chapter Meetings at my Chapter rather than utilizing BNI online™ as an alternative method of attending the Chapter Meeting.
• I ACKNOWLEDGE THAT I UNDERSTAND AND FREELY ASSUME ANY AND ALL RISKS OF RETURNING TO IN PERSON CHAPTER MEETINGS.
• I further acknowledge that I am not symptomatic for COVID-19, and to the extent that I have been tested for COVID-19, I did not test positive for the virus.
• I represent and warrant that I do not have any medical condition or disease that would cause complications from the COVID-19 disease.
• If at any time I become symptomatic for COVID-19 I will immediately notify my Chapter President to enable my Chapter to participate in any contact-tracing that the local jurisdiction may require.
• If I become symptomatic, I will discontinue attending in-person Chapter Meetings for at least 14 days for a self-imposed quarantine.
• In order to attend in-person Chapter Meetings, I will follow and comply with all directives that the Chapter President may require including, but not limited to, wearing face coverings and maintaining social distancing from any other Chapter attendee or participant of at least the minimum distance required by local law.
• I further acknowledge that it is my responsibility to review and comply with any government, state, or local directives, advisories, warnings, or any other information regarding COVID-19 and which are directed to individuals, and based on those guidelines, I freely assume any and all risks which may accompany those guidelines and/or directives.
Waiver, Release, and Hold Harmless. In consideration for being permitted to attend inperson BNI Chapter Meetings, I do hereby forever release, waive, discharge, and covenant not to sue, and do hereby forever release and waive my right to bring suit against the BNI Chapter, BNI Global, LLC and its affiliates, together with all of their respective present and former officers, employees, Members, directors, agents, servants, representatives, parents, subsidiaries, franchisees, successors, and assigns (collectively “BNI”), in connection with exposure, infection and/or spread of COVID-19 related to my attendance at any BNI Chapter Meeting. I understand that this waiver means I give up my right to bring any claims including claims for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence, and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.
I further agree that any and all rights that I may have under section 1542 of the California Civil Code are hereby expressly waived. That Section reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
CHOICE OF LAW: I understand and agree that the law of the State of California will apply to this Acknowledgment and Acceptance of Risk Agreement (“Agreement”). CONSTRUCTION: I acknowledge and agree that this Agreement shall not be construed against BNI, as the preparer, but shall be construed as if all parties jointly prepared this Agreement and any uncertainty and ambiguity shall not be interpreted against any one party.
WAIVER OF BREACH: I acknowledge and agree that any potential waiver, by BNI, of any breach of this Agreement by me, shall not be deemed a waiver of any other breach of this Agreement. The provisions of this Agreement may not be waived except by a writing signed by BNI, or counsel for BNI.
This Waiver, Release, and Hold Harmless shall be binding upon my survivors, heirs, successors, and assigns. I UNDERSTAND AND AGREE THAT THIS WAIVER, RELEASE AND HOLD HARMLESS IS A RELEASE OF LIABILITY AND I SIGN IT ON MY OWN FREE WILL.
This Agreement may be executed, made and delivered electronically.