ASSUMPTION OF RISK & WAIVER OF LIABILITY AGREEMENT
Section 1. General Release
By signing this agreement, you hereby release and discharge MD Properties, having a place of business at 534 4th Avenue, Troy NY 12182, from any and all claims, causes of action or liability for any injuries that you or your child(ren) may suffer resulting from participation in an MD Properties sponsored event or workout, or through the use of MD Properties facilities, (including but not limited to MD Sports Hall) whether or not the claims, causes of action or liability arise out of, or result from, any act, omission, or conduct of any of MD Properties employees, representatives, contractors, vendors, volunteers, agents, owners, investors, other program participants or their families, (hereinafter “MD Properties Parties”).
Section 2. Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly through person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. MD Properties has put in place preventative measures to reduce the spread of COVID-19, however, MD Properties cannot guarantee that you and/or your child(ren) (or other family members) will not become infected with COVID-19. Further, attending an MD Properties facility or an MD Properties sponsored activity could increase your risk and/or your child(ren)’s (or other family member’s) risk of contracting COVID-19.
By signing this agreement, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you and/or your child(ren) and other members of your family may be exposed to or infected by COVID-19 by attending the facilities of MD Properties or through attendance at other MD Properties sponsored activities and that such exposure or infection may result in personal injury, illness, permanent disability, or death. You also understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of MD Properties Parties.
By signing this agreement, you also voluntarily agree to assume all of the foregoing risks, including financial risks, and accept sole responsibility for any injury to yourself and/or your child(ren) (or other family members) including, but not limited to, personal injury, disability, death, illness, damage, loss, liability, or expense, of any kind, that you or your child(ren) (or other family members) may experience or incur in connection with your own or your child(ren)’s attendance at MD Properties facilities or through participation in MD Properties sponsored programming (“Potential Claim”). On your behalf and on behalf of your children (and other family members), you hereby release, covenant not to sue, discharge, and hold harmless MD Properties and MD Properties Parties, collectively and individually, from all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to a Potential Claim. You understand and agree that this release includes any Potential Claim based on the actions, omissions, or negligence of MD Properties or MD Properties Parties, whether a COVID-19 infection occurs before, during, or after participation in any MD Properties program or at an MD Properties facility.
Section 3. Acknowledgement of Waiver
BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND THAT IT CONTAINS A WAIVER AND RELEASE OF LIABILITY. YOU ALSO ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT AND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. YOU ALSO ACKNOWLEDGE THAT YOU ARE SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY AND INTEND FOR YOUR SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.