RELEASE AND WAIVER OF LIABILITY RELATING TO COVID-19
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 and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore 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 potentially life-threatening illness and even death.
1800 Vine St. or Vocal Visual (Property) cannot prevent any individuals associated with [Your name as entered into the Digital Form on vocalvisual.com] (hereinafter, collectively the “Client”), including but not limited to Client’s employees, independent contractors, sub-contractors, vendors, guests, managers, and partners, from becoming exposed to, contracting, or spreading COVID-19 while utilizing Property’s services or premises. It is not possible to prevent against the presence of the disease. Therefore, if Client chooses to utilize Property’s services and/or enter onto Property’s premises, Client may be exposed to and/or increase the risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: Client has read and understands the above warning concerning COVID-19. Client hereby choose to accept the risk of contracting and/or spreading COVID-19 in order to utilize Property’s services and enter Property’s premises.
WAIVER OF LAWSUIT/LIABILITY: Client hereby forever releases and waives the right to bring suit against Property its owners, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Property’s services and premises. Client understands that this waiver means Client releases its right to bring any claims for personal injury, death, disease or property losses, or any other loss, including but not limited to claims of negligence, as well as any claims to seek damages, whether known or unknown, foreseen or unforeseen.
Additionally, Client expressly waives and relinquishes any rights and benefits pursuant to California Civil Code § 1542, and does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542 which states:
“Section 1542. 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.”
INDEMNIFICATION: Client further agrees to defend and save, hold harmless and fully indemnify Property from and against any and all past, present, and future claims, demands, losses, costs, expenses, attorney’s fees, liabilities, injuries and damages of any kind or nature whatsoever brought by any person or entity, arising out of or in any way connected with Client’s use of Property’s services or premises, including, for the avoidance of doubt and without limitation, expose to COVID-19 and any illness, injury or death resulting therefrom.