LIABILITY + COVID WAIVER
RELEASE AND WAIVER OF LIABILITY:
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE NORWALK ART SPACE OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against The Norwalk Art Space, and their affiliates, board of directors, employees, staff, successors and assigns (collectively, "Releasees"), on account of injury, death or any other damage arising out of or attributable to the Activities, whether arising out of the negligence of The Norwalk Art Space or any Releasees or otherwise. I covenant not to make or bring any such claim against The Norwalk Art Space or any other Releasee, and forever release and discharge The Norwalk Art Space and all other Releasees from liability under such claims.
I shall defend, indemnify and hold harmless The Norwalk Art Space and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the Activities.
This Agreement constitutes the entire agreement of The Norwalk Art Space and me with respect to the subject matter contained herein. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of The Norwalk Art Space and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Fairfield County, Connecticut and I hereby consent to the exclusive jurisdiction of such courts.
In March 2020, Governor Lamont proclaimed a state of emergency throughout Connecticut as a result of the coronavirus disease 2019 (COVID-19) outbreak in the United States and Connecticut. COVID-19 is a respiratory disease that spreads easily from person to person and may result in serious illness or death. The World Health Organization has declared the COVID-19 outbreak a pandemic, and the risk of severe illness and death from COVID-19 is higher for individuals who are 60 or older and for those who have chronic health conditions. Public health experts have determined that it is possible to transmit COVID19 even before a person shows symptoms and through aerosol transmission, and public health experts have also indicated that persons infected with COVID-19 may not show symptoms, and transmission or “shedding” of the coronavirus that causes COVID-19 may be most virulent before a person shows any symptoms.
The Norwalk Art Space cannot prevent you [or your child(ren)] from becoming exposed to, contracting, or spreading COVID-19 while utilizing The Norwalk Art Space’s services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize The Norwalk Art Space’s services and/or enter onto The Norwalk Art Spaces’s premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19. You are also acknowledging that an inherent risk of exposure to COVID-19 exists in any public place where people are present.
ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children (collectively “Releasor”) in order to utilize The Norwalk Art Space’s services and/or enter The Norwalk Art Space’s premises. These services are of such value to me [and/or to my children,] that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize The Norwalk Art Space’s services and/or premises in person.
WAIVER OF LIABILITY: I hereby forever release and waive my right to bring suit against The Norwalk Art Space and its owners, affiliates, subsidiaries, officers, directors, managers, officials, trustees, agents, employees, or other representatives (collectively “Releasee”) in connection with exposure, infection, and/or spread of COVID-19 related to utilizing The Norwalk Art Space’s services and/or premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property 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.
Furthermore, in consideration for being able to attend a learning pod or art class at this time and in the future, Releasor hereby releases and covenants not to sue Releasee, for any and all liability due to any loss, damage, personal injury of any kind arising as a result of your participate in the learning pod or art class. Releasor hereby voluntarily waives any and all claims, including but not limited to any claims of NEGLIGENCE, both present and future, that may be made by Releasor, Releasor’s family, or Releasor’s heirs, successors or assigns.
Releasor further agrees to indemnify and hold harmless the Salon for any and all claims of personal injury or property damage arising out of or relating to the learning pod or art class, wherever, whenever, or however the same occur. In the event Releasor or anyone else makes a claim against the Releasee, Releasor will, jointly and severally, save and hold harmless Releasee from any monetary loss, including but not limited to litigation costs, including reasonable attorney fees. Releasor understands that this release, waiver and indemnification (“Waiver”) is intended to be as broad and inclusive as permitted by the laws of the State of Connecticut and agree that if any portion is held invalid, the remainder of the Waiver will continue in full legal force and effect. Releasor further affirms that the venue for any legal proceedings shall be in the State of Connecticut.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS ACKNOWLEDGMENT OF RISK AND WAIVER OF LIABILITY, INCLUDING THE WAIVER OF NEGLIGENCE CLAIMS, AND FURTHER AGREES THAT NO REPRESENTATIONS OR STATEMENTS OTHER THAN THOSE SET FORTH HEREIN HAVE BEEN MADE. RELEASOR IS GIVING UP LEGAL RIGHTS AND/OR REMEDIES WHICH MAY OTHERWISE BE AVAILABLE TO RELEASOR.
CHOICE OF LAW: I understand and agree that the law of the State of Connecticut will apply to this contract.