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 reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment or cure for COVID-19. Further, new strands of the virus have now been identified that are not susceptible to vaccination methods currently in place and it has been found even vaccinated individuals can contract and spread COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life threatening illness and even death.

The Kalamazoo Institute of Arts (the “KIA”) has put in place preventative measures to reduce the spread of COVID-19; however, the KIA cannot prevent you [or your child(ren)] from becoming exposed to, contracting, or spreading COVID-19 while utilizing the services or premises. It is not possible to fully prevent against the presence of the disease. Therefore, individuals choosing to utilize the KIA’s services and/or enter onto the KIA’s premises may be exposing themselves to and/or increasing the risk of contracting/spreading COVID-19.

ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of exposure to and/or contraction of COVID-19 for myself and/or my children in order to utilize the KIA’s services and enter the KIA’s premises. I understand and acknowledge that such exposure or contraction may result in serious illness, personal injury, permanent disability, death or property damage. These services are of such value to me [and/or to my child(ren),] that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize the KIA’s services and premises in person.

WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my, or my child(ren)’s, right to bring suit against the Kalamazoo Institute of Arts’ and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives (“Releasees”) in connection with exposure, infection, and/or spread of COVID-19 related to utilizing the KIA’s services and premises, whether caused by the negligence of Releasees or otherwise. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I, or my child(ren), may have to seek damages, whether known or unknown, foreseen or unforeseen.

COMPLIANCE WITH APPLICABLE GUIDANCE: I am familiar with federal, state, and local laws, orders, directives, and guidelines related to COVID-19, including the Centers for Disease Control and Prevention (CDC) guidance on COVID-19. I and/or my child(ren), will comply with all such orders, directives, and guidelines, or any other applicable rules set by KIA, while on the KIA premises and engaging in activities, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings. I and/or my child(ren) will also follow all instructions of the KIA while on its premise or engaging in activities. I, or another legal guardian, will conduct a health check of each child participating in activities prior to arriving to the KIA, and I and/or my child(ren) agree not to enter the KIA’s premises for seven (7) days if I and/or my child(ren) are experiencing COVID-19 symptoms (such as cough, shortness of breath, or fever and otherwise listed on https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html), have a confirmed or suspected case of COVID-19, or have come in contact in the last 14 days with a person who has been confirmed or suspected of having COVID-19. I further acknowledge that KIA reserves the right to deny entry to and/or remove individuals from KIA’s premises for a failure to abide by applicable guidance, directives, rules, including the requirements set forth in this paragraph.

CHOICE OF LAW: I understand and agree that the law of the State of Michigan will apply to this contract.