RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as “I” or “me”) desires to attend an event on November 9th and 10th at the Langham Huntington in Pasadena, CA (the “Activity”) being held or sponsored by PTTOW!, LLC, a Delaware limited liability company (the “Company”). In consideration of being permitted by the Company to and engage in the Activity and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (this “Release”).
- I am aware of the highly contagious nature of bacterial and viral diseases including the 2019 novel coronavirus disease (COVID-19), as well as other infectious diseases (collectively, the “Virus”) and the risk that I may be exposed to or contract the Virus or other infectious diseases by engaging in the I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, and/or property damage. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including Company employees. I understand that the Company cannot guarantee that I will not become infected with the Virus or other infectious diseases while partaking in the Activity and that partaking in the Activity may increase my risk of contracting the Virus. NOTWITHSTANDING THE RISKS ASSOCIATED WITH THE VIRUS, I ACKNOWLEDGE THAT I AM VOLUNTARILY ENTERING AND ENGAGING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE RELATED TO THE VIRUS, ARISING FROM MY BEING ON THE COMPANY’S PREMISES OR ENGAGING IN THE ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
- All attendees agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and contact the Company and your membership representative (as applicable) if he/she experiences symptoms of COVID-19 within 21 days after participating in a Company event.
- I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, managers, employees, agents, affiliates, shareholders, members, successors, and assigns (collectively, “Releasees”), on account of injury, illness, disability, death, or property damage arising out of or attributable to my being on the Company’s premises or engaging in the Activity and being exposed to or contracting the Virus, whether arising out of the negligence, or willful conduct of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for liabilities that California law does not permit to be released by agreement.
- I am familiar with federal, state, and local laws, orders, directives, and guidelines related to the Virus, including the Centers for Disease Control and Prevention (CDC) guidance on the Disease. I will comply with all such orders, directives, and guidelines while on the Company’s premises and partaking in the Activity, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings. I will also follow all instructions of the Company while on the Company’s premises and engaging in the I agree not to enter the Company’s premises or partake in the Activity if I am experiencing symptoms of illness, including without limitation, symptoms of the Virus (such as cough, shortness of breath, fever, or any other symptoms of illness), have a confirmed or suspected case of the Virus or any other illness, or have come in contact in the last 21 days with a person who has been confirmed to have or suspected of having the Virus.
- I shall defend, indemnify, and hold harmless the Company and all other Releasees from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by (or awarded against) the Company or any other Releasees arising out or resulting from any claim of a third party related to the Virus due to my engaging in the Activity or being on the Company’s premises, including any claim related to my own negligence or the negligence of the Company.
- This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Los Angeles County, California, and I hereby consent to the exclusive jurisdiction of such courts.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.