ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATED 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 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. Performance Course, Inc. (“PCI”) has put in place preventative measures to reduce the spread of COVID-19; however, PCI cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending PCI could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending PCI and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at PCI may result from the actions, omissions, or negligence of myself and others, including, but not limited to, PCI employees, volunteers, and program participants and their families. I voluntarily 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, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at PCI or participation in PCI programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless PCI, its employees, agents, and representatives, and any schools or facilities where PCI programs are held, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to COVID-19. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of PCI, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any PCI program. Finally, I acknowledge and understand that if my child or I am found to have contracted COVID-19 or have symptoms of COVID-19, or if the training facility closes or delays opening due to COVID, I and my child(ren) will not be allowed to complete the program and will not be entitled to a refund of the fees paid for the PCI program.