COVID-19 and other Communicable Disease Disclaimer
The United States Centers for Disease Control (“CDC”) describes COVID-19 as “a respiratory disease caused by SARS-CoV-2, a new coronavirus [that] is thought to spread mainly from person to person through respiratory droplets produced when an infected person coughs, sneezes, or talks.” Additional methods of transmission include surface contact. Illness can range from mild to severe, have long-term effects, and include life-threatening complications and even death.
Even a fully vaccinated person can become infected with COVID-19. As well, it is possible to be infected, not show any symptoms, and still pass the virus on to another person. Without strict quarantines, it is possible to take a COVID-19 diagnostic test, receive a negative test result, and still spread the illness to others. In light of this, it is extremely difficult to organize an in-person event with certainty that no attendee will be exposed to COVID-19. This is especially true where events are held at public venues controlled by others.
Bear Independent LLC, an Oklahoma limited liability company doing business as Refuge Training LLC (“Refuge Training”), its affiliates, chapter leaders, organizers and hosts cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while attending a Refuge Training in-person event. While precautions are available and widely circulated by the CDC, it is not practicable for Refuge Training to prevent the presence of the disease at in-person events. Therefore, if you choose to attend these events, you may be exposing yourself to and increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK
By purchasing a reservation for a class, you assert that:
- You have read and understood the above warning concerning COVID-19. You hereby choose to accept the risk of contracting COVID-19 for yourself and on behalf of any minor or adult for which you are the parent or legal guardian. You are choosing to accept the risk so that you can attend a Refuge Training in-person event because the services are of such value to you.
- You understand that attending the event in-person may result in exposure to and illness from infectious diseases, including, but not limited to MRSA, influenza, and COVID-19. While some rules, guidelines, equipment, or other on-site measures may be taken to help reduce the risk of exposure, the above risks, including the risk of serious illness and death, still remains.
- You understand and accept that COVID-19 is a relatively new disease, and that all risks associated with contracting or spreading the disease cannot be fully known at this time, and that some of these risks, if known, may have caused me to choose not to attend the event. I understand and accept that it is impossible to disclose the full nature of unknown risks and am choosing to attend while knowing this.
- You (for yourself and, to the maximum extent allowed by law, on behalf of the minor visitor) hereby forever release and waive your right to bring suit against Refuge Training and its owners, officers, directors, employees, or other representatives (the “Refuge Training Parties”) in connection with exposure, infection, and/or spread of COVID-19 related to attending in-person events that are, in whole or in part, advertised, hosted, or produced by Refuge Training. You agree for yourself on behalf of the minor visitor, and the Refuge Training Parties to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Refuge Training Parties and Refuge Training affiliates, partners, promoters, participants, personnel, and owners and lessees of premises used to conduct the event being attended (all collectively referred to as the “Released Party”), in law and in equity against any and all claims, suits or actions of any kind, whatsoever, for liability, damages, compensation or otherwise brought by you or anyone on your behalf, including attorney’s fees, costs of defense, and any related costs, if litigation or the threat of litigation arises pursuant to any claims made by you or by anyone else acting on your behalf or on behalf of the minor visitor. If you make any such claim or any such claim is made by anyone on your behalf or on behalf of the minor visitor or as a consequence of the minor’s visit to an in-person event held by Refuge Training, including events prefatory to and extending from the registered event, you agree for yourself and on behalf of the minor visitor to reimburse all such costs and liability to the person or entity who incurs such costs or liability from such suits, claim, demands or actions of any kind.
- You understand that this means you 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, but not intentional wrongs or the gross negligence of a Released Party, and give up any claim you may have to seek damages, whether known or unknown, foreseen or unforeseen.