COVID-19 Participant Responsibility and Release Agreement/ Assumption of the Risk and Waiver of Liability Under Michigan Law
Therefore, as a condition to permitting individuals to participate in the activities, and in consideration of allowing such participation, each participant (“Participant”) must accept new and important responsibilities and agree to not hold the TCSDEF responsible for sickness, including death, resulting from COVID-19. Therefore, by signing below, each Participant agrees to the following terms and provisions.
The coronavirus disease 2019 (“COVID-19”) is a highly contagious and virulent disease that presents unique challenges and risks while participating in the 2020 Cotillon Society of Detroit Education Foundation (“TCSDEF”) activities, including but not limited to dinners, Yoga, etiquette training, formal dining instruction, the Debutante Ball and all travel associated with each, and all of which are hereinafter referred to as “Activities.”
I accept my responsibility to protect myself and others involved in the Activities from risks associated with COVID-19. This includes, by way of example, that:
1. I have and will continuously self-monitor for symptoms of COVID-19, including but not limited to cough, fever, shortness of breath, chills, muscle pain, sore throat, and loss of taste or smell;
2. I have not experienced any of these symptoms, and will immediately report any such symptoms to TCSDEF and will cease participation in the Activities and comply with all applicable guidelines and recommendations of the Centers for Disease Control and Prevention (“CDC”) (www.cdc.gov);
3. I have not been exposed to anyone demonstrating the symptoms of COVID-19, and if I do become exposed to such a person, or have run a fever (with or without medication) in the past 48 hours, I will immediately report such exposure to TCSDEF and will cease participation in the Activities and comply with all applicable guidelines and recommendations of the CDC;
4. I represent that I do not have health conditions that render me more vulnerable to COVID-19, such as high blood pressure, lung disease, diabetes, obesity, asthma, compromised immune system, etc;
5. I will practice social distancing by remaining at least six (6) fee apart from others whenever possible;
6. I will wash my hands or use hand sanitizer upon entering the facilities of TCSDEF and will continue to do so while participating in the Activities and upon departing the facilities of TCSDEF.
I understand that it is not possible for TCSDEF to guarantee that its Activities will be free from COVID-19, and understand that, notwithstanding preventative measures by TCSDEF, the COVID-19 virus may nonetheless be present in connection with Activities due to acts or omissions of TCSDEF, including negligence. Nonetheless, I know that my participation is completely voluntary, and I expressly assume and accept the risk that I may become infected with COVID-19 while engaged in the Activities.
I hereby release and discharge TCSDEF and their respective administrators, directors, agents, officers, volunteers, employees, and if applicable, owners and lessors of premises used to conduct the event (each considered one of the “Released Parties” herein) from all liability, claims, demands, losses, damage or expense (including death) due to the COVID-19 virus and caused or alleged to be caused in whole or in part by the acts or inaction (including negligence) of the Released Parties.
I further agree that if, despite the foregoing release of liability, I or anyone on my behalf makes a claim against any of the Released Parties relating to COVID-19, I will indemnify, save, and hold harmless each of the Released Parties from any loss, liability, damage, or cost which any may incur as the result of such claim. I understand that COVID-19 related concerns may cause the Activities to be limited, postponed, or canceled in the sole discretion of TCSDEF, or due to Federal, Michigan and other governmental orders and directives.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the state of Michigan and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: I have read this Participant Responsibility Agreement / Waiver of Liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. Without limiting the scope or effect my agreement hereto, I hereby further acknowledge and agree that I will be deemed to have ratified and confirmed the terms of this waiver of liability, assumption of risk, and indemnity agreement each time that I, or any participant with respect to whom I am executing this waiver of liability, assumption of risk and indemnity agreement, participate(s) in any Activities, including, without limitation, entering into or otherwise using the RELEASED PARTIES’ staff, facilities, premises or equipment. I understand that this Agreement will be binding upon my heirs, personal representatives, successors, and assigns.
