For the consideration of participating in rehearsals and events held by the Hudson Community Chorus, Inc., (“HCC”), I (Name indicated above) (Voluntary Singer in the Hudson Community Chorus) acknowledge that I am responsible for my own health and safety, and further enter into this LIABILITY WAIVER, RELEASE OF CLAIMS, INDEMNIFICATION AND ASSUMPTION OF THE RISK. Because COVID-19 and multiple variants of the virus (collectively “COVID 19”) is extremely contagious and is spread mainly from person-to-person contact, and because participation in HCC rehearsals and events involve the voluntary singing of group members in close proximity with one another, the risk of spread of COVID-19 and other infectious diseases may be increased. HCC cannot guarantee me or other participants, volunteers, partners, or others in attendance at rehearsals or events will not become infected with COVID-19 or other illnesses. I acknowledge that I have not relied on any representations or information from HCC in determining whether or not to participate. I further acknowledge that HCC may, in its sole discretion, return to enforcement of stricter safety measures as conditions warrant, including, but not limited to changes in community COVID levels, but that HCC cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.
In light of the recent COVID-19 pandemic, and the potential of the spread of other infectious illnesses individuals who are experiencing symptoms associated with COVID-19 or other communicable illnesses shall not attend HCC rehearsals or events, and by attending HCC rehearsals and events, I am certifying that I am not experiencing such symptoms.
DUTY TO SELF-MONITOR:
I agree to self-monitor for signs and symptoms of COVID-19 or other contagious illness and stay home from rehearsal if I have symptoms. I acknowledge that rehearsal recordings are available to review should it be necessary to miss a scheduled rehearsal.
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LIABILITY WAIVER AND RELEASE OF CLAIMS:
I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation with HCC, and I willingly engage in HCC rehearsals and events (the “Activity”).
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RELEASE AND WAIVER. I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL
LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST HCC AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS,
ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
ASSUMPTION OF THE RISK. I acknowledge and understand the following:
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Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness does exist;
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I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
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I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
MEDICAL ACKNOWLEDGMENT AND RELEASE. I acknowledge the health risks associated with the Activity, I agree that if I experience any symptoms of illness during the Activity, I will discontinue my participation immediately and seek appropriate medical attention.
I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY TREATMENT OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.
I recognize that my participation, involvement and/or attendance at any HCC rehearsal or event or activity (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, I acknowledge and assume all risks and dangers associated with my participation and/or attendance at the Activity, and I agree that the Released Parties, will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of my participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the "Released Claims").
BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, I AM DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION. I AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS HCC, its directors, officers, employees, affiliates, trustees, staff, volunteers and agents, and each of them, from any loss, liability, damages or costs they may incur for claims arising from my participation in any HCC Activity. The undersigned understands and agrees that HCC is not required to provide insurance to cover me.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS LIABILITY WAIVER, RELEASE OF CLAIMS, INDEMNIFICATION AND ASSUMPTION OF THE RISK AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM HCC IN CASE OF ILLNESS, INJURY, DEATH, OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 (AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM). I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.
I have read and understood the foregoing and I am over the age of 18. This Agreement expresses the complete understanding of the parties.
