RELEASE OF LIABILITY AND WAIVER (COVID-19)
THIS RELEASE OF LIABILITY AND WAIVER (the “Release”) is a full and complete release of any and all liability related to the exposure of COVID-19 as described herein and waiver of any COVID-19 related claims or causes of action against AMICORP, INC. d/b/a The Oaks and its employees, officers, members, shareholders, directors, agents, vendors, servants, successors, assigns, and any other person or entity related to or associated with any of the foregoing, including without limitation The Oaks (the “Community”), without any limitation thereof, (collectively, the “Company”), by you, the undersigned, as of the effective date affixed below, as follows:
WHEREAS, the Company maintains amenities and other common areas within the Community for the benefit of its residents, their dependents, and their guests (collectively, the “Resident”); and,
WHEREAS, the novel coronavirus (“COVID-19”), has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact, by contact with contaminated surfaces and objects, and the air. People reportedly can be infected and show no symptoms and, therefore, can unknowingly spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and life-threatening illness, including death; and,
NOW THEREFORE, for the mutual consideration, which is hereby acknowledged as sufficient, the undersigned hereby agrees and acknowledges as follows:
A. I acknowledge and expressly assume the risks in connection with COVID-19, including without limitation: physical or emotional injuries or monetary damages; exposure, infection, spread of COVID-19 and any other virus or disease; death; injuries resulting from my negligence or inability to avoid or evade the associated health hazards; injuries, losses, or damages that may in any way be related to COVID-19.
B. I hereby expressly forever release and discharge the Company and hold the Company harmless from all such claims related to exposure to COVID-19 including, but not limited to, injuries, damages, actions or causes of action of every kind, which expressly includes any such claims based on the Company’s own neglect or willful acts or omissions, including those such acts which may have occurred in the past, which may occur in the future, or which may be continuing as of the effective date herein associated with risk of exposure to COVID-19.
C. I understand that the Company cannot prevent me, my family, my dependents, and my guests from becoming exposed to, contracting, or spreading COVID-19 (or any other virus) while utilizing the Company’s amenities or premises. Therefore, I understand that if I choose to utilize the Company’s services or amenities and/or enter onto the Company’s premises designated and considered to be common areas and structures including, but not limited to the Clubhouse, Swimming Pool, public restrooms, tennis/pickleball courts, etc. , I may be exposing myself to and/or increasing my risk of contracting or spreading COVID-19 (or any other virus).
D. I have read and understand the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself, my family, my dependents, and my guests in order to utilize the Company’s amenities and enter the Company’s premises and common areas as described herein. These services are of such value to me [and/or my family, dependents, and guests], that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize the Company’s amenities and premises.
E. I expressly agree to hold harmless and indemnify the Company against any claim, demand, injury or damages, whatsoever, based in whole or in part on my direct or indirect act or omission as defined herein as related to COVID- 19, whether willful or by my own passive or active negligence, including any violation of any clause in this Release or misrepresentation made herein.
F. I attest that I am over the age of 18 and am competent to understand the terms of this Release.
G. I understand and acknowledge that, due to changes in official advisories and recommendations put forth by the government and health care organizations, the Community’s hours and availability, including the amenities and common areas are subject to change at the Company’s sole discretion and I do hereby release the Company, as set forth above, of any liability associated with such changes.
H. I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE AND FREELY AND KNOWINGLY ASSUME THE RISK AND RELEASE AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.