COVID-19 Waiver at Events
RELEASE & WAIVER OF LIABILITY AGREEMENT
Hamilton Families
THIS RELEASE & WAIVER OF LIABILITY RELEASE AGREEMENT (“AGREEMENT”), HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION.
IN CONSIDERATION of being permitted to enter and remain at any venue in which a Hamilton Families sponsored or hosted event is taking place (individually or collectively referred to as “Venue”) and in addition to the corresponding ticket(s), each a revocable license that grants one-time entry into the Venue and a seat for the event purchased (“Event”) and my agreement to be bound to the ticket terms and conditions whether printed or displayed on ticket, venue webpage, or any other written communication which include the exchange and refund policy and the COVID-19 safety measures, I, on behalf of myself and my heirs, assigns, executors, administrators, next of kin, anyone attending the Event with Holder (which persons Holder represents have authorized Holder to act on their behalf for purposes of the release herein), and other persons acting or purporting to act on Holder’s or their behalf (collectively, “Related Persons”), hereby acknowledge and agree to the terms below. The person seeking entry pursuant to the entry ticket(s) issued on a per transaction basis, and any accompanying minors (“Holder”), agrees to be bound by the terms and conditions of this Agreement.
Acknowledgements of COVID-19 & Other Risks. Holder fully understands that: (a) the novel coronavirus SARS- CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people congregate; (b) no health and safety policies, assessments, precautions and/or protocols that will be implemented from time to time at and for the Venue (collectively, the “Venue Protocols”) by local, state, and federal governmental agencies, Hamilton Families, and its licensees for the use of the Venue and its and their current and future affiliates and/or third parties, can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Center for Disease Control and Prevention (CDC) and other public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and (iii) contracting COVID-19 can result in the further transmission of COVID-19 to Holder’s spouse, family members, and other persons in proximity to Holder; and (d) exposure to COVID-19 can result in subsequent quarantine, illness, disability, other short-term and long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection.
Assumption of Risks, Hazards and Dangers. Holder, on behalf of itself and related persons, hereby fully understands and knowingly, voluntarily and irrevocably, assumes all risks, hazards and dangers related to entry into, and presence in, at and around the venue, which may include an increased risk of exposure to communicable diseases (including, without limitation, COVID-19), viruses, bacteria or illnesses or the cause thereof, sickness, personal injury, disability, other short-term or long-term health effects, and/or death, which might result from the actions, inactions, or negligence of Holder, any of the released parties (as defined below), or other third parties, whether occurring before, during or after the event, however caused and whether inside or outside of the venue. Holder hereby accepts personal responsibility for its voluntary participation in/at the Event. Holder hereby assumes, on behalf of itself and related persons, all and sole responsibility of claims and potential claims relating to the risk, hazards and dangers described in this agreement.
Release, Waiver & Covenant Not to Sue. (a) Holder, on behalf of itself and related persons, hereby fully understands and knowingly, voluntarily, irrevocably, and forever releases, waives, and discharges (and covenants not to sue), each of the released parties with respect to any and all claims that a Holder or any of Holder’s related persons may have (or hereinafter accrue) against any of the released parties, that relate to any of the risks, hazards and dangers described above in section 2, including without limitation, any and all claims that arise out of or relate in any way to (i) Holder’s exposure to COVID-19; (ii) Holder’s related person’s or related persons’ exposure to COVID-19, (iii) Holder’s travel to and from, entry into, or presence within, the Venue and/or compliance with the Venue’s policies, procedures, and protocols; (iv) any interaction between holder and any personnel of any of the released parties present at the venue (including, without limitation, personnel, volunteers, registration attendants, security, health, safety and medical personnel, cleaning, or catering personnel); or (v) any of the risks identified above in section 1 (acknowledgements of COVID-19 and other risks) (collectively, the “claims”), in each case whether caused by any action, inaction or negligence of any released party or otherwise. (b) For the purposes hereof, the “released parties” are: (i) Hamilton Families and each of their respective direct and indirect affiliates, administrators, designees, licensees, agents, owners, officers, directors, employees, contractors (and all employees of such contractors) and other personnel; (ii) the direct and indirect owners, lessees, sub-lessees, licensees, and sublicensees of the venue; (iii) all third parties performing services at the venue or for the event at the request of producer or otherwise; and (iv) any parents, subsidiaries, affiliated and related companies and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, sub-contractors, insurers, representatives, successors, and/or assigns of each of the forgoing entities and persons, whether past, present or future, and whether in their institutional or personal capacities. (c) Due to rapidly changing governmental COVID-19 regulations and restrictions, the venue’s COVID-19 policies, procedures, protocols, and requirements are subject to change, at any time and without notice, to comply with federal, state and local governmental and/or health authorities, holder acknowledges that it is their responsibility to review and check the latest safety information regarding COVID-19 available at the Centers for Disease Control and Prevention (CDC): https://www.cdc.gov/coronavirus/2019-ncov/cdcresponse/about-covid-19.html and the State of California: https://covid19.ca.gov/ and the City & County of San Francisco updates: https://sf.gov/topics/coronavirus-covid-19 holder releases, waives, discharges, and agrees not to sue the released parties arising out of any change in federal, state, or local governmental and/or health authorities requirements, as enforced by the venue, either retroactively or prospectively.
Governing Law. Holder hereby understands and agrees that this Agreement is subject to and will be construed in accordance with the laws of the State of California, without regard to choice or conflict of law provisions.
Arbitration Agreement. Holder hereby agrees, on behalf of itself and Related Persons, that: (a) any Claim asserted by Holder against any of the Released Parties shall be resolved by mandatory, confidential, final, and binding arbitration to Judicial Arbitration and Mediation Services, Inc. (“JAMS”); (b) this Section 5 is governed by the Federal Arbitration Act (“FAA”); (c) the FAA is applicable because the Released Parties are engaged in transaction involving interstate commerce; (d) the arbitration shall proceed before a single arbitrator; (e) the arbitration shall be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures; (f) any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause, shall be delegated to the arbitrator selected pursuant to this provision; (g) the arbitrator shall have the power to award any remedies, including reasonable attorneys’ fees and costs, available under applicable law; (h) judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction; (i) the award may be vacated or modified only on the grounds specified in the FAA or other applicable law; and (j) any arbitration conducted pursuant to this Agreement shall take place in San Francisco County, California.
Class Action Waiver. Holder hereby agrees that any and all disputes, including any Claims made by Holder against any of the Released Parties must be arbitrated on an individual basis only. By signing this Agreement, Holder hereby waives any right to litigate or arbitrate any Claim as a class action, representative action or class arbitration against any of the Released Parties.
Severability. Holder hereby agrees that if any provision or part thereof contained in this Agreement is declared illegal, unenforceable, or ineffective, such provision or part thereof shall be deemed severable, such that all other provisions contained in this Agreement shall remain valid and binding.
Last updated and effective as of September 13, 2022.