Assumption of Risk, Waiver of Liability and Release Relating to Illnesses, Affirmation of Health and Consent to Collect Health Data
The novel coronavirus ("COVID-19"), has been declared a worldwide pandemic by the World Health Organization. COVID-19 is contagious and is believed to spread mainly from 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. The St. James has put in place preventative measures that are believed to reduce the spread of COVID-19 and continues to implement measures designed to help mitigate the health and safety risks that COVID-19 poses; however, The St. James cannot guarantee that you or your child(ren) will not become infected with COVID-19, any other virus, bacteria, surface-related or airborne disease or other infection or any other communicable illness or disease (collectively, any "Illness" or "Illnesses") as a result of entering into the St. James Complex or as a result of participating in competitions or other activities or events sponsored by The St. James. Further, attending such programs or events could increase your risk and your child(ren)'s risk of contracting an Illness. By entering into the St. James, you acknowledge the contagious nature of Illnesses and VOLUNTARILY ASSUME THE RISK that your child(ren) and you may be exposed to or infected by Illnesses by participating in or attending programs or events sponsored by The St. James and that such exposure or infection may result in personal injury, illness, disease, sickness, permanent disability, and possibly death to yourself, your spouse, guests, child(ren), unborn child, or relatives. You understand that the risk of becoming exposed to or infected by Illnesses while participating in any such program may result from the actions, omissions, or negligence of yourself and others, including, but not limited to, The St. James' employees, contractors, agents, volunteers, other program participants and their families, as well as participants and families unrelated to The St. James.
By the answers I have provided to the health screening questions asked of me by The St. James, I hereby acknowledge and affirm that neither I, nor my child(ren) nor any other person that may accompany me or my child(ren) into The St. James' premises, or in connection with any programs, activities or events sponsored by The St. James: (1) has been diagnosed as having contracted any Illness; or (2) is suffering from symptoms related to any Illness, including but not limited to: an elevated temperature (i.e., above 100.4 degrees Fahrenheit), a persistent cough, body or muscle aches, a "runny" nose, diarrhea, fever, chills, unusual fatigue, a sore throat, shortness of breath or difficulty breathing, or a recent loss of the sense of taste or smell.
As affirmed by my use of this electronic application, I AGREE, UNDERSTAND AND VOLUNTARILY ACCEPT AND AGREE TO ASSUME ALL of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, sickness, disability, and death), as well as any Illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my or my child(ren)'s participation in any activity, event or program sponsored by The St. James. On my behalf, and on behalf of my child(ren), heirs, legal representatives and assigns, I hereby irrevocably and unconditionally release, covenant not to sue, discharge, and agree to indemnify and hold harmless The St. James, its affiliates, parent, subsidiaries, directors, officers, employees, agents, and representatives, and the directors, officers, employees and agents of each and every affiliate, parent, and subsidiary of The St. James from all liabilities, complaints, claims, actions, grievances, obligations, promises, agreements, controversies, demands, suits, rights, losses, actions, causes of action, damages, costs or expenses of any kind, including attorneys' fees, arising out of or relating thereto. Further, I UNDERSTAND AND AGREE that this release includes any claims (including, for example, claims that The St. James did not do enough to protect against the risk of Illnesses) based on the actions, omissions, or negligence of The St. James, its officers, employees, agents, and representatives, whether an Illness occurs before, during, or after participation in any activity, program or related event sponsored by The St. James.
[By my use of this electronic application and entry into The St. James's premises, I authorize The St. James to implement screening and testing efforts, including but not limited to symptom screening and body temperature screening of me and any minors accompanying me. I further authorize The St. James to maintain records of such screening and testing and I recognize that The St. James has implemented customary measures to maintain such records in a secure manner to reasonably ensure the records remain confidential].