Assumption of Risk and Waiver of Liability Relating to Coronavirus/COVID-19
READ CAREFULLY – SIGNING THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS
The Obesity Medicine Association (OMA) recognizes that the safety of all of those on site at Overcoming Obesity 2023 (Event) is our top priority. OMA is committed to following state and federal public health guidance, which continues to evolve, and seeks to ensure that all participants are as committed as we are to following the public health guidance applicable on site at the Event.
Our goal is to hold a safe event, but it is not possible to remove all risk. To allow OMA to move forward during the pandemic, OMA must advise you of the risks and request that you sign this document. It would be financially cost-prohibitive to hold the Event absent you signing this Assumption of Risk and Waiver of Liability Relating to Coronavirus/COVID-19 (Release). In consideration of being permitted to attend the Event, and by executing this Release, I agree:
ASSUMPTION OF RISK
The novel coronavirus, COVID-19, was declared a worldwide pandemic by the World Health Organization. COVID-19, and its mutations and variants, is extremely contagious and is believed to spread mainly from person-to-person contact and that exposure to infection can result from person-to-person contact, breathing, coughing, interacting with other individuals, and other methods. Various mutations have been discovered which may be more contagious, and the state of medical knowledge is evolving. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death which may be reduced or even eliminated in those who have been vaccinated. Symptoms may be worse for those with various underlying medical conditions.
OMA and the Grand Hyatt San Antonio Riverwalk have put in place preventative measures to reduce the spread of COVID-19 at the Event; however, OMA cannot guarantee that you will not be exposed to or become infected with COVID-19. Further, attending the Event could increase your risk and your family’s risk of contracting COVID-19.
By signing this Release, I acknowledge that attendance at and participation in the Event involves an inherent risk of exposure to and illness from infectious diseases, including but not limited to, COVID-19 and its variants. By choosing to participate in the Event, I acknowledge the contagious nature of COVID-19 and its variants and voluntarily and freely assume the risk that I may be exposed to or infected by COVID-19 by attending the Event 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 the Event may result from the actions, omissions, or negligence of myself and others, including, but not limited to, OMA employees, volunteers, service providers, and program participants and their families. Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable or reasonably foreseeable at this time, and all of which are to be considered risks.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my travel to and attendance at the Event.
RELEASE OF LIABILITY
In consideration of attending the Event, on my behalf I, being 18 years of age or older, for myself, my heirs, assigns, personal representatives and next of kin, do hereby forever voluntarily RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE, AND HOLD HARMLESS OMA, its past, current, and future employees, officers, directors, volunteers, agents, representatives, successors, and assigns (“Releasees”) of and from a claim, either in law or in equity, to the fullest extent permissible by law, including but not limited to, all liabilities, claims, actions, damages, costs, expenses, personal injury (including death), property damage, illness, economic loss, or other loss of any kind arising out of or relating thereto which may be incurred, directly or indirectly, now or in the future, in any way related to COVID-19 and arising out of or relating to or in connection with my attending or participation in the Event or any travel related thereto, whether a COVID-19 infection occurs before, during, or after participation in the Event. I understand and agree that this Release includes any claims based on the actions, omissions, or negligence, fault, or conduct of OMA, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in the OMA Event.
I expressly agree that this Release is intended to be as broad and inclusive as is permitted by applicable laws, and that if any portion of this Release is found or held, for any reason, to be invalid, illegal, void or unenforceable in any respect, the invalidity, illegality or unenforceability shall not impact any other provision of this Release, and the remaining portions shall not impact any other provision of this Release, and this Release shall be curtailed, limited or eliminated only to the extent necessary to remove the invalidity, illegality or unenforceability.
This Release may be executed, made and delivered electronically. I have read and understood this Release and enter into it voluntarily in consideration of the opportunity to participate in the Event. I acknowledge I am giving up legal rights and/or remedies which may be available to me. Notwithstanding any other term of this Release, in no event shall any liability of the Releasees exceed the amount actually paid for the Event or One Hundred Dollars ($100), whichever is greater.
In the event that I file a lawsuit against OMA, I agree to do so solely in the State of Colorado, and I further agree that the substantive laws of Colorado shall apply in that action without regard to the conflict of law rules. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of any state or federal court located within Colorado. Also, I understand that this Event might not be made available to me or that the cost to engage in this Event would be significantly greater if I were to choose not to sign this Release and agree that the opportunity to participate at the stated cost in return for the execution of this Release is a reasonable bargain.
RESPONSIBILITY TO TAKE PREVENTATIVE MEASURES
As a participant in the Event, I agree that I will comply with all applicable federal, state and local laws, and will practice clean hygiene during my participation at the Event in order to reduce the risk to myself and others of exposure to COVID-19. I voluntarily agree to comply with all safety requirements set forth by OMA and the venue for the Event. My failure to comply with such safety requirements may result in loss of right to participate at or attend the Event, including but not limited to safe social distancing and clean hygiene during the Event. I further agree to self-monitor for signs and symptoms of COVID-19 and, if I experience any such symptoms, agree to discontinue my participation in the Event immediately and seek appropriate medical attention. I agree to alert OMA if up to 10 days post event I experience any symptoms of COVID-19 and/or receive a positive COVID-19 test. I also agree not to attend the Event if I have been diagnosed with COVID-19 or am experiencing COVID-19 systems, identified by the CDC at CDC.gov, including, but not limited to, fever, cough, and shortness of breath, within the fourteen (14) days prior to the first day of the Event.
If I have signed a separate general waiver/release of liability connected to the Event, the terms of that waiver/release are wholly incorporated into this Release and the terms of this Release are incorporated into the separate general waiver/release.
This Release may be executed electronically, and I consent to entering into this Release in electronic form. I acknowledge and agree that my electronic signature will have the same force and effect as an original signature for all purposes.
I have carefully read this Release, fully understand its terms and conditions, understand that the terms and conditions are contractual and not a mere recital, that I have given up substantial rights by signing it, and have signed it freely and voluntarily without inducement and understand that I am under no obligation to sign and attend the Event.