INDEMNITY, RELEASE, WAIVER AND ASSUMPTION OF RISK AGREEMENT
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and can cause severe illness and death, and older adults and people of any age who have underlying medical conditions may be at higher risk for severe illness and death from COVID-19. As a result, federal, state, and local governments and health agencies recommend social distancing, face coverings, frequent hand washing, and other preventative measures to reduce the spread of COVID-19, and have, in many locations, prohibited certain activities as well as the congregation of groups of people.
The owner of the building located at 26921 and 26923 Fuerte Drive, Lake Forest, California (the “Property”), i.e., LF3-03, LLC, a California limited liability company (“Owner”) cannot guarantee that you, your spouse or your child(ren) will not become infected with COVID-19, OR A COVID-19 RELATED ILLNESS while visiting the Property, whether or not participating in activities such as playing sports, nor can the Owner guarantee that entrance into or use of the Property or participation in activities is permitted under all federal, state, and local orders, laws and regulations. Further, entering the Property could increase your, your spouse’s and your child(ren)’s risk of contracting COVID-19.
Every person entering the Property or using any of the Property’s facilities must abide by the Property’s and the tenant’s (i.e., Clava, LLC’s) preventative measures to reduce the spread of COVID-19, and must sign a copy of this agreement. By signing this agreement, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you, your spouse and your child(ren) may be exposed to or infected by COVID-19 by visiting the Property and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the Property may result from the actions or omissions (whether or not constituting negligence) of yourself, your spouse and your child(ren) and others, including, but not limited to, Property employees. You also assume the risk that entering or using the Property or participating in activities may not be permitted under all federal, state, and local orders, laws and regulations.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury or other consequences to you, your spouse or your minor child(ren) (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, or fine or imprisonment, that you or they may experience, suffer or incur in connection with your or their entrance into the Property or use of any Property facilities (“Claims”), related to COVID-19, or a COVID-19 related illness. On behalf of yourself, your spouse and your minor child(ren), you hereby release, covenant not to sue, discharge, and hold harmless the Property and the Owner, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto, that are related to COVID-19, or COVID related illness. You understand and agree that this release includes any Claims based on the actions or omissions (whether or not constituting negligence) of you, your spouse, your child(ren) or the Owner, its employees, agents, and representatives, whether a COVID-19 infection, or COVDID-19 related illness, occurs before, during, or after you, your spouse or your child(ren) visit the Property.
Additionally, on your own behalf and on behalf of your spouse and your minor child(ren), you agree to indemnify, protect and defend and shall and hereby do relieve, release, hold harmless, exonerate and forever discharge the Property and the Owner and its respective officers, directors, shareholders, members, managers, partners, trustees, attorneys, employees, agents, representatives, beneficiaries, nominees, affiliates, predecessors, successors and assigns, and each of them from any and all other claims, debts, liabilities, obligations, costs, fees (including attorneys’ or consultants’ fees and costs), penalties, fines, judgments, damages, rights, demands, liens, covenants, warranties, suits, actions, and/or causes of action of whatever nature, known or unknown, fixed or contingent, which arise out of or relate to your, your spouse and/or your minor child(ren)’s use of the Property, or any part thereof, including without limitation, the parking area.
In accordance with the foregoing, on your own behalf and on behalf of your spouse and your minorchild(ren), you also HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Owner, its directors, officers, employees, agents, members and/or volunteers for any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys’ and/or experts' fees), arising from any injury, property damage or death that you, your spouse and/or your minor child(ren) may suffer while utilizing the Property.