COVID-19 Assumption of Risk, Release, and Waiver of Liability Agreement
RELEASE AND WAIVER.
The Undersigned person (“Undersigned”) hereby represents and acknowledges the following: I am an adult over the age of eighteen (18) and desire to participate in a meeting of a BNI Chapter (”BNI Chapter”) and/or other BNI meeting, training, educational program, or activity (collectively, “BNI Activity”).
In exchange for being allowed to voluntarily participate in the BNI Activity, and being fully aware of the risks and hazards connected with the BNI Activity and knowing that the BNI Activity may be hazardous to me and my property, THE UNDERSIGNED VOLUNTARILY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, which may be sustained as a result of being engaged in such BNI Activity.
Furthermore, I do hereby forever release, waive, discharge, and covenant not to sue the BNI Chapter, BNI San Francisco West Bay, and/or BNI Global, LLC (collectively, “BNI”), and/or any BNI past, current, and future BNI franchisee, officers, directors, employees, members, volunteers, contractors, representatives, parents, owners, affiliates, agents, successors, and assigns (collectively, “BNI Affiliates”) from any and all damages, injuries, losses, liability, claims, causes of action, litigation, or demands, including but not limited to those for personal injury, sickness, or death, as well as property damages and expenses, of any nature whatsoever which may be incurred, directly or indirectly, now or in the future, in any way related to COVID-19 and in connection with my participation in any BNI Activity or any travel related thereto. I promise not to sue the BNI Chapter and/or BNI or any BNI Affiliates for any of the foregoing.
ASSUMPTION OF RISKS. I understand that while the BNI Chapter, BNI, and/or the BNI Affiliates have undertaken reasonable steps to lessen the risk of transmission of COVID-19 in connection with the BNI Activity, neither the BNI Chapter, nor BNI, nor any of the BNI Affiliates is responsible in any manner for any risks related to COVID-19 in connection with the BNI Activity. I understand that the World Health Organization has classified the COVID-19 outbreak as a pandemic. I further understand that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death. I am fully aware that participation in the BNI Activity (including any related travel) carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. I HEREBY VOLUNTARILY ACCEPT AND ASSUME ALL RISK OF LOSS, PERSONAL INJURY, SICKNESS, DEATH, DAMAGE, AND EXPENSE ARISING FROM SUCH INHERENT RISKS. Furthermore, I represent and warrant that I do not suffer from any medical condition or disease that might in any way hinder or prevent me from participating in the BNI Activity including, to my knowledge, COVID-19.
This COVID-19 Assumption of Risk, Release, and Waiver of Liability Agreement (“Agreement”) shall be binding on my heirs, executors, administrators, successors, and assigns. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable laws, and that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
The Undersigned understands that I may have rights under Civil Code Section 1542, which reads as follows: “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.” The undersigned expressly waives any rights under California Civil Code Section 1542.
By signing below, I acknowledge and represent that I HAVE READ THIS AGREEMENT CAREFULLY; I FULLY UNDERSTAND IT AND I VOLUNTARILY AGREE TO ITS TERMS. No oral representations, statements or inducement, apart from this written agreement have been made. If any portion of this agreement is declared invalid by a court, the remainder shall continue in full force and effect.
This Agreement may be executed, made and delivered electronically.