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Covid-19 Waiver to Participate
WAIVER, RELEASE, AND HOLD HARMLESS
Friendship Circle of Los Angeles (“FCLA”) cares deeply about the health and well being of all participants. In consideration of being allowed to participate in any and all FCLA programs, related events, and activities and the use of FCLA facilities or enter and access FCLA (“the Programs”) I, the undersigned participant and/or on behalf of the participant acknowledge, understand, and agree that:
I am fully aware there are several risks associated with me participating in the Programs or entering, accessing, or otherwise using FCLA during a time of pandemic due to the novel coronavirus (“COVID-19”) that has been confirmed throughout the world, including COVID-19 cases in areas in which the Programs at FCLA may be located.
I understand that my potential exposure to COVID-19 through my participation in the programs, use of FCLA, or contact with other participants in the Programs or at FCLA. I also acknowledge that FCLA is not responsible for my safety against COVID-19 and makes no warranties, guarantees, or representations about the safety or condition of its facilities, employees, other participants, or third parties at FCLA.
I further acknowledge that, due to the nature of the activities associated with the Programs, social distancing of six or more feet between persons is not always possible and I may be placed in proximity to or come in contact with individuals, equipment, and/or surfaces that have been contaminated with or may transmit COVID-19 or other diseases. I fully understand and appreciate the known and potential dangers of participating in the Programs, including exposure to COVID-19, which could result in further transmission to others, quarantine, isolation, serious illness, disability, and/or death. I hereby agree my involvement and participation in the Programs is voluntary, and I knowingly, freely, unconditionally, and expressly assume any and all risks associated with the Programs and FCLA, including risks not known or reasonably foreseeable to me at this time.
I further acknowledge that wearing a mask or a face shield may be difficult for individuals with special needs and that there may be times when certain participants will remove the face coverings. This will actually serve as an opportunity for FCLA staff to teach life skills and the importance of wearing a face covering.
During my participation in the Programs, I agree I will conduct myself in a safe and reasonable manner, including by complying with all health and safety protocols and instructions provided to me in connection with the Programs and reporting and disclosing to FCLA any COVID-19 related symptoms (i.e. fever, cough, shortness of breath, chills, repeated shaking with chills, muscle pain, headache, sore throat and loss of sense of taste or smell) I may experience. I agree, represent, and warrant I will not enter, access, or otherwise use the FCLA facility if I experience COVID-19 related symptoms or test positive for or am otherwise diagnosed with COVID-19 or am exposed to anyone with COVID-19.
I, on behalf of myself, my heirs, executors, and any member of my family, hereby release, discharge, and hold harmless the Friendship Circle of Los Angeles and each of their officers, executives, officials, agents, employees, instructors, contractors, representatives and partners, as well as other participants, sponsors, advertisers, owners, and lessors of premises used for the Programs and related activities, from any and all claims, causes of action, demands or liability in any way relating to, or arising from the Programs and/or my use of the FCLA facility, including, without limitation, any personal or other injuries to third parties, property damage, or other adverse consequences or outcomes, whether foreseeable or not, whether caused by negligence or otherwise, including without limitation negligent decontamination or rescue operations. By signing this Release, I understand I may be giving up legal rights that I or others claiming through me may claim to have now or in the future and I am freely and voluntarily entering into this Release. In so doing, I hereby specifically waive the provisions of Section 1542 of the California Civil Code Section 1542, which provides 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 to him or her, would have materially affected his or her settlement with the debtor or released party.
This Release shall be binding upon me, my heirs and successors, assignees, personal representatives, and executors. This Release shall be governed by and construed according to the laws of the State of California, without regard to any conflicts of law principles. If any provision of this Release is deemed invalid, illegal, or unenforceable, it shall not affect the enforceability of any other term or provision of this Release. Rather, the invalid, illegal, or unenforceable provision shall be modified so that it is valid, legal, and enforceable and to the fullest extent possible, reflect the intention of the parties.
I HAVE READ THIS WAIVER & RELEASE OF LIABILITY IN ITS ENTIRETY, FULLY UNDERSTAND ITS TERMS, INCLUDING THAT I AM GIVING UP SUBSTANTIAL RIGHTS. I SIGN THIS DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME, AND INTEND BY MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.