Waiver of Liability and Hold Harmless Agreement
I/We, on behalf of myself, my spouse, and any child/children for whom I/We have the capacity to contract, hereby acknowledge and agree to the following:
1. The state of medical knowledge regarding COVID-19 is evolving, but the virus is believed to be extremely contagious. It is believed to be spread via respiratory droplets and also possibly from contaminated surfaces. People reportedly can be infected and show no symptoms and therefore spread the disease. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death along with possible long term health consequences and complications.
2. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself and my family with the most recent updates.
3. BEECH Homeschool Community cannot prevent you [or your spouse, child(ren) or other family members] from becoming exposed to, contracting, or spreading COVID-19 while participating in Activities, Field Trips, Events, or Meetings, etc. (Hereinafter known as "Activities") with BEECH Homeschool Community (Hereinafter known as "BEECH"). It is not possible to prevent the presence of the disease. Therefore, if you choose to participate in any Activities with BEECH, you may be exposing yourself, your spouse, your child(ren) or your other family members to and/or increasing your risk of contracting or spreading COVID-19.
4. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I and my family, hereby willingly choose to participate in Activities with BEECH.
5. I acknowledge and fully assume the risk of illness, death or chronic and acute health complications related to COVID-19 arising from participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself, my spouse and my child(ren) BEECH Homeschool Community, their owners, officers, directors, managers, officials, trustees, agents, volunteers, members or other representatives and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result of my or my family's participation in the Activities.
6. I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the exposure, spread and/or infection of COVID-19 or any other illness or injury.
7. It is my express intent that this Waiver and Hold Harmless Agreement shall bind any heirs, successors, assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted, and controlled according to the laws of the State of Georgia. I hereby knowingly and voluntarily waive any right to a jury trial of any dispute arising in connection with the agreement.
8. I hereby forever release and waive my right to bring suit against BEECH Homeschool Community and its owners, officers, directors, managers, officials, trustees, agents, volunteers, members or other representatives (the "Releasees") in connection with exposure, infection, and/or spread of COVID-19 related to participating in Activities. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease, property or economic 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.
IN SIGNING THIS AGREEMENT, I/We ACKNOWLEDGE AND REPRESENT THAT I/we have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my/our own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I/we am/are at least eighteen (18) years of age and fully competent; and I/we execute this Agreement for full, adequate and complete consideration fully intending to be bound by same. By Clicking "YES, I/We agree and understand" below I and my spouse are digitally signing this agreement and acknowledge that we understand and agree to the Covid-19 Waiver of Liability and Hold Harmless agreement.