In consideration for being permitted to participate in the programs of Startline Coaching including, but not limited to, observation or use of facilities or equipment, or participation in any on or off-site program affiliated with Startline Coaching, I acknowledge that (a) novel coronavirus (''COVID-19") infections have been confirmed throughout the United States including in New York; (b) COVID-19 is extremely contagious and is believed to be spread by various methods including person-to-person contact and contact with contaminated surfaces; and (c) that it is believed that people who have COVID-19, but do not show symptoms, may be able to spread the virus.
AGREEMENT TO ABIDE BY STARTLINE COACHING PROCEDURES/POLICIES
I hereby agree, represent, and warrant that I shall not visit or utilize the programs of the Startline Coaching if I (i) experience symptoms of COVID-19 including without limitation, fever, cough, shortness of breath, chills, repeated shaking with chills, muscle pain, headache, sore throat or new loss of taste and/or smell (or any other symptom later to be determined to be a symptom of COVID-19); (ii) have a suspected or diagnosed/confirmed case of COVID-19; or (iii) within the last 14 days have been exposed to someone who exhibits the symptoms listed in (i) above or have a diagnosis as set forth in (ii) above. I agree to notify Head Coach Peter Helling immediately if I believe that any of the foregoing access/use restrictions may apply.
Startline Coaching has taken and may in the future take certain steps to slow the transmission of COVID-19 including without limitation the access/use restrictions set forth above. I acknowledge and agree that Startline Coaching may revise its procedures at any time and further agree to review and to comply with Starline Coaching's revised procedures as a condition of participating in programs of Startline coaching. I further acknowledge and agree that due to the nature of the facilities, services, and programs offered by Startline Coaching, social distancing of 6 feet per person may not always be possible. I understand that the risk of becoming exposed to or infected by COVID-19 during Startline Coaching programming may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Startline Coaching, LLC and its employees, volunteers, and program participants and their families.
I fully understand and appreciate both the known and potential dangers of utilizing the programs of Startline Coaching, LLC and entering any facilities where its programming occurs and acknowledge that use thereof by me is completely voluntary and may, despite reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN PROGRAMS OFFERED BY STARTLINE COACHING LLC AND ENTERING FACILITIES AT WHICH THIS PROGRAMMING TAKES PLACE INCLUDING BUT NOT LIMITED TO OBSERVATION OR USE OF FACILITIES OR EQUIPMENT OR PARTICIPATION IN ANY PROGRAM AFFILIATED WITH STARTLINE COACHING, I HEREBY AGREE TO THE FOLLOWING:
ASSUMPTION OF RISK AND RELEASE OF LIABILITY
By signing this agreement, I voluntarily assume all known and unknown risks of COVID-19 exposure and accept sole responsibility for any injury to myself including but not limited to quarantine, personal injury, illness, disability, and/or death, damage, loss (economic and non-economic), claim, liability, or expense, of any kind, that I may experience or incur in connection with participating in Startline Coaching programming (collectively, “Claims”). I hereby covenant and agree not to sue, Startline Coaching, LLC, Peter Helling (Startline Coaching head coach), Startline Coaching employees, officers, directors, agents, representatives, and volunteers (collectively, “Released Parties”), I further release and discharge, and covenant to hold harmless the Released Parties of and from all Claims of every kind arising out of or relating to COVID-19. I understand and agree that this release includes all Claims based on the actions, omissions, or negligence of the Released Parties whether a COVID-19 infection occurs before, during, or after participation in any Startline Coaching program.
I HEREBY AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS the Released Parties from any loss, liability, damages or costs (including without limitation costs of defense and legal fees for counsel of such Released Parties choosing) which such Released Party may incur, whether caused by active or passive negligence, or otherwise while I are in, upon, or about Startline Coaching premises or present for or participating in any program affiliated with Startline Coaching specifically including any loss, liability, damages or costs arising from or related to Claims which may be asserted me or my representative, next of kin, executor, administrator, successors or assigns. I understand and agree that Startline Coaching is not required to provide insurance to cover me in the event I suffer COVID-19 related damage, quarantine, illness, injury, or death, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with Startline Coaching.
CONCLUSION AND AGREEMENT TO ALL TERMS
I expressly agree that the foregoing ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of New York and that if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS AGREEMENT. I AM NOT RELYING ON ANY REPRESENTATIONS, STATEMENTS OR INDUCEMENTS, WRITTEN, ORAL OR OTHERWISE, NOT SET FORTH IN THIS AGREEMENT. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING MY RIGHT TO RECOVER DAMAGES FROM THE RELEASED PARTIES ARISING FROM OR RELATED TO EXPOSURE TO COVID-19 AND/OR ANY QUARANTINE REQUIREMENTS, ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE, A RELEASE, AND AN INDEMNIFICATION FOR ALL CLAIMS.
ALL PARTICIPANTS MUST SIGN THIS FORM AS A PRECONDITION TO PARTICIPATING IN STARTLINE COACHING PROGRAMS.