In connection with my participation in, and in connection with my engagement with, Big Brothers Big Sisters Of Greater Los Angeles (“Organization”) and for other good and valuable consideration, I hereby acknowledge and agree the following as part of this Assumption of Risk, Hold Harmless and Liability Release (the “Release”)
I acknowledge, understand, and am aware that portions of the Organizations activities are intended to take place in regions potentially affected by COVID-19 (also known as the Coronavirus) and other diseases, illnesses and hazards (collectively, “Affected Area”), and that I may be in proximity to and/or interacting with individuals who may be sick, who may or may not be exhibiting symptoms or who may be infected by COVID-19 or who may be otherwise contagious. I am aware that the Centers for Disease Control and Prevention (“CDC”), in addition to other local, state and federal health and government agencies have issued numerous alerts, warnings, advisories, restrictions, directives and in some cases orders regarding the transmission and potential effects of COVID-19 and I fully acknowledge and accept the risks involved in voluntarily being in the Affected Area. I hereby acknowledge and agree that I am voluntarily deciding to remain in the Affected Area and that my decision to do so is mine and mine alone, which I arrived at after careful thought and consideration, and which has not been influenced by Organization, or any representatives, employees, agents or affiliates thereof, and further, such decision is not required as a condition of my future services, activities, or involvement in connection with the Organization or otherwise. I further acknowledge that my election to remain in the Affected Area may significantly increase my risk of contracting COVID-19. By electing to remain in the Affected Area, I acknowledge and agree that I am voluntarily potentially exposing myself to various hazards, including but not limited to, illness, injury, infection, and/or death. I acknowledge and agree that it is my responsibility to take appropriate health and safety precautions. I freely and knowingly accept and assume any and all risks of being in the Affected Area as well as any risks not mentioned herein that are associated with my engagement in and in connection with the Organization.
I represent and warrant that I am in good physical health, that I do not have any of the conditions that the CDC has categorized as “high risk” in the event I contract Covid-19 (including, without limitation, preexisting, underlying or chronic health conditions or previous medical concerns or diagnosis), and that I am physically able and mentally capable of engaging in the Organization’s activities in the Affected Area. In the event I begin to exhibit symptoms of Covid-19, or I otherwise feel sick, I acknowledge and agree that I will immediately notify the Organization and discontinue my engagement hereunder. Additionally, I will immediately notify Organization if I have been exposed to, or am exposed to, someone who has tested positive for Covid-19.
To the fullest extent permitted by law, I hereby expressly release, indemnify, discharge and hold harmless Organization, and its licensees and assigns, and each of their respective parent, subsidiary, affiliated and related companies, and their respective officers, directors, employees, representatives, licensees, assigns and designees, from and against any and all liability, claims, demands and causes of action of any kind, including without limitation, claims for personal injury, disability, death, property damage and/or other loss of any sort suffered by me in connection with my engagement by Organization, or any other adverse consequences or outcomes that may result from my engaging in services in connection with the Organization and/or being in the Affected Area.
This Release shall be deemed to be entered into in the State of California and shall be governed by and interpreted in accordance with the internal laws of the State of California. If any controversy or claim arising out of or relating to this Release, or the breach of any term hereof, cannot be settled through direct discussions, the parties agree to endeavor first to settle the controversy or claim by mediation conducted in Los Angeles County, California and administered by JAMS under its Commercial Mediation Rules. If a controversy or claim is not otherwise resolved through direct discussions or mediation, it shall be resolved by arbitration conducted in Los Angeles County, California, and administered by JAMS in accordance with the commercial arbitration rules of JAMS (the "JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in California. This Release is in addition to any similar assumption of risk or releases that I may have previously entered into with Organization.
This Release shall in no way be deemed to limit such previous release (if any) or its applicable provisions, and I agree that the waivers, releases, assumptions of risk and indemnities in any such previous release or agreement shall additionally expressly apply to my engagement with the Organization and/or my being in the Affected Area hereunder. In the event of a conflict between the any previous release or agreement and this Release, the terms of this Release shall govern solely to the extent necessary to resolve such conflict.