Note – ‘the Studio’ refers to any and all venues hired for the delivery of in-person services by Namakind.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organisation. 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.
Namakind has put in place preventative measures to reduce the spread of COVID-19; however, the studio cannot guarantee your safety from COVID-19 within any of the studio’s premises that we hire to conduct our activites. As such, the studio will require an undertaking of risk and waiver of liability from all customers before we can allow them to attend and/or participate in any class, course, workshop or event.
- I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending the Studio and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
- I understand that the risk of exposure extends to anyone with whom I have regular close physical contact, including members of my household (partners, children, parents and others).
- I understand that the risk of becoming exposed to or infected by COVID-19 at the studio may result from the actions and omissions of myself and others, including, but not limited to, studio 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 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 may experience or incur in connection with my attendance at the studio or participation in-studio services.
- I, the Client, HEREBY WAIVE AND RELEASE indemnify, hold harmless and forever discharge, Namakind and its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises, of, or for the benefit of, Namakind, provided that this waive of liability does not apply to any acts of gross negligence, or intentional, wilful or wanton misconduct arising out of exposure to COVID-19.
- I understand and agree that this release includes any claims based on the actions, omissions, or negligence of the studio, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any studio program.
- This WAIVER AND RELEASE contain the entire agreement between parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE, The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part only upon the prior written consent of all parties.
- The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of Namakind, whether by agreement, by operation of law, or otherwise.
I, the Client, have read, understood and fully agree to the terms of this WAIVER AND RELEASE. I understand and confirm that by booking, attending and/or participating in any class, course, workshop or event that I agree to this WAIVER AND RELEASE and I have given up considerable future legal rights.