COVID-19 – Assumption of Risk, Waiver of Liability, and Indemnity Agreement
This Assumption of Risk, Waiver of Liability, and Indemnity Agreement (“Agreement”) affects any rights that you or other interested parties may have if you are injured or otherwise suffer a loss, damage, or injury, including death, while you are in, upon, or about BYCI-San Antonio, LP (dba The Union, hereafter referred to as “The Union”).
I acknowledge that the novel coronavirus (“COVID-19”) infections have been confirmed throughout the United States, including Texas. In accordance with the most recent guidance and protocols issued by the World Health Organization (“WHO”), the Centers for Disease Control and Prevention (“CDC”), and other federal, state, and local health agencies, for slowing the transmission of COVID-19, I hereby agree, represent, and warrant that I shall not visit or utilize the facilities, services, and classes of The Union within 14 days after (i) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from highly impacted areas subject to a CDC Travel Health Notice, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. The CDC Travel Health Network is continuously updating this list and I agree that I am aware of this list and the countries listed. I agree to check the CDC Travel Health Notices List (https://www.cdc.gov/coronavirus/2019-ncov/travelers/map-and-travel-notices.html) prior to utilizing the facilities, services, and classes of The Union.
I hereby agree, represent, and warrant that I shall not visit or utilize the facilities, services, or classes of The Union if I (i) experience symptoms of COVID-19, including without limitation, fever, cough, or shortness of breath, or (ii) have a suspected or diagnosed/confirmed case of COVID-19. I agree to notify The Union immediately if I believe that any of the foregoing access/use restrictions may apply.
The Union has taken certain steps to implement recommended guidance and protocols issued by the public health agencies for slowing the transmission of COVID-19, including without limitation, the access/use restrictions set forth above. I acknowledge and agree that The Union may revise its procedures at any time based on updated recommended guidance and protocols issued by public health agencies and further agree to comply with The Union’s revised procedures prior to utilizing the facilities, services, and classes of The Union.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and fully understand and appreciate both the known and potential dangers of utilizing the facilities, services, and classes of The Union. I acknowledge that use thereof may, despite The Union’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death. I voluntarily agree to assume the risk that I may be exposed to or infected by COVID-19 by attending The Union and understand that the risk of becoming exposed to or infected by COVID-19 at The Union may result from the actions, omissions, or negligence of myself and others, including, but not limited to, The Union employees and participants.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense of any kind that I may experience or incur in connection with my attendance at The Union or participation in The Union classes.
I hereby remise, release, forever discharge, covenant not to sue, and agree to indemnify and hold harmless BYCI-San Antonio, LP (dba The Union), and all of their officers, directors, employees, and agents, and their heirs, assigns, executors, and administrators (collectively, the “Released Parties”) from all liability, actions, causes of action, claims, and demands whatsoever, whether or not well founded in fact or law, arising out of or related to any loss, damage, or injury, including death, that occurs as a result of my attendance at The Union and participation in The Union classes, whether such loss, damage, or injury is caused by my negligence, the negligence of the Released Parties or any of their agents, the negligence of a third party, or any other cause. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of The Union, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any The Union class.
In addition, if any loss, damage, or injury, including death, occurs to or related to me, and the Released Parties are subsequently subject to any claims or allegations, whether they proceed to a final decision maker or not, by me or any other individual who can bring claims for and on behalf of me, I agree to indemnify the Released Parties from any and all damages incurred, including simultaneous payment of attorneys’ fees and costs incurred by Released Parties as they are incurred.
This Agreement shall be governed by the laws of the State of Texas.
By signing this Agreement, I declare that I have read, understand, and agree to the terms and conditions set forth herein, and that I sign this Agreement voluntarily.