In consideration, and as a condition precedent to, the use of the above property (the “Property”), the undersigned hereby irrevocably agrees as follows:
ASSUMPTION OF RISKS. I understand and acknowledge that:
· the World Health Organization has classified the COVID-19 outbreak as a pandemic;
· COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death;
· my use of the Property (including any related travel) carries with it certain inherent risks related to COVID-19 transmission (individually and collectively, “Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such Inherent Risks (including coming into close contact with individuals or objects that may be carrying COVID-19; the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and related injuries and complications ranging in severity from minor to catastrophic and even death) and that the full extent of such Inherent Risks are not fully known;
· as a result of certain state and local COVID-19 regulations from time to time in effect, my use of the Property (in whole or in part) may be or become prohibited or otherwise materially restricted (individually and collectively, “Use Risks”);
· while the owner (the “Owner”) of the Property and [MANAGER] (the “Manager”) have undertaken reasonable steps to lessen the risk of transmission of COVID-19 in connection with the use of the Property, neither the Owner nor the Manager nor any of their respective current or future employees, agents or representatives (all of the foregoing, individually and collectively, the “Released Parties”) are, or will be, responsible in any manner for any risks related to COVID-19 in connection with the use of the Property; and
· I (for myself and any minor child(ren) who will be at the Property and for which I am a legal guardian or will otherwise be in care of) hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense, of any nature whatsoever (including those with respect to the Inherent Risks and the Use Risks), arising from (or otherwise in connection with) my use of the Property.
RELEASE AND WAIVER; INDEMNIFICATION. I (for myself and any minor child(ren) who will be at the Property and for which I am a legal guardian or will otherwise be in care of) do hereby irrevocably and forever release, waive, and discharge, and hereby agree to indemnify and immediately reimburse, the Owner, the Manager and each of the other Released Parties (as applicable) from/for (as applicable) any and all claims, damages, demands, actions, judgments, fines, liabilities and/or other losses, of any nature whatsoever (including those with respect to Inherent Risks, Use Risks, any other COVID-19 related matter, personal injury, sickness or death, and/or property damage or expenses; and in any case together with all related attorneys’ fees), which may, directly or indirectly and whether now or in the future, be incurred by (or otherwise imposed on) any of the Released Parties by reason of (or otherwise in connection with) the use of the Property by me and/or any of my guests/invitees. Further, I acknowledge that the foregoing release and indemnification (and this agreement as a whole) shall be binding on my (and, with respect to any applicable child, each of their) heirs, executors, administrators, successors, and assigns.
ACKNOWLEDGEMENTS. I (for myself and any minor child(ren) who will be at the Property and for which I am a legal guardian or will otherwise be in care of) hereby certify as follows:
· neither I, nor any member of my household, have been diagnosed with COVID-19 or (to the best of my knowledge) been exposed to someone with a suspected and/or confirmed case of COVID-19;
· within the 14-day period immediately prior to my use of the Property, neither I, nor any member of my household, have:
o traveled internationally;
o traveled to or from an area within the United States of America which has been highly impacted by COVID-19; and/or
o experienced any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell;
· I, and every member of household, are following (and will continue to follow) all CDC recommended “social distancing” and other guidelines (as much as possible) with respect to COVID-19;
· I have read and understood this agreement and enter into it voluntarily in consideration of the opportunity to use the Property; and
· I acknowledge I am giving up certain legal rights and/or remedies which may be available to me as a result of the execution of this agreement.
ADDITIONAL AGREEMENTS. I (for myself and any minor child(ren) who will be at the Property and for which I am a legal guardian or will otherwise be in care of) hereby acknowledge and agree as follows:
· this agreement is, and all provisions herein are, intended to be interpreted as broad and inclusive as is permitted;
· if any portion of this agreement is found to be void or unenforceable, this agreement shall remain in full force and effect as to all other clauses, terms, and conditions, and the remaining provisions of this agreement shall be amended to the minimum extent necessary so as to render this agreement as a whole most nearly consistent with the parties’ intentions in light of the removal of the invalid or illegal provision(s);
· this agreement contains the entire understanding of the parties relating to the subject matter, and shall not be altered, modified, amended, waived or supplemented in any manner whatsoever except by a written agreement signed by the undersigned and the Owner;
· this agreement may be executed, made and delivered electronically and any copies of signatures transmitted by mail, facsimile, or email or any other electronic method, shall be considered authentic and binding; and
· I have had the opportunity to consult with and receive advice from legal counsel of my choice with respect to this agreement (or have had an opportunity to consult with legal counsel of my choice and have made the decision not to consult with legal counsel);
· I have executed this agreement voluntarily and without duress;
· regardless of the date this agreement is executed, my use of the Property will automatically be deemed a reaffirmation of all “acknowledgments” above as of the date of entry onto the Property;
· any and all uses of the term “including” herein shall mean including without limitation, or including but not limited to, and shall not be deemed to be exclusive or to create an exclusive reference;
· this agreement is governed by, and shall be construed in accordance with the law of the State of Illinois without reference to the conflicts of laws principles thereof;
· any rule of construction, which operates in whole or in part to resolve ambiguities against the drafter of a document, will not apply to the interpretation of this agreement; and
· to the maximum extent permitted by applicable law, I waive any right to trial by jury with respect to any matter related to this agreement and/or my use of the Property.