ASSUMPTION OF RISK, WAIVER, INDEMNIFICATION, AND RELEASE OF LIABILITY FOR COVID-19 AND OTHER COMMUNICABLE DISEASE

EVENTS HELD BY AN ELLEVATE NETWORK ORGANIZER

The United States Centers for Disease Control (“CDC”) describes COVID-19 as “a respiratory disease caused by SARS-CoV-2, a new coronavirus [that] is thought to spread mainly from person to person through respiratory droplets produced when an infected person coughs, sneezes, or talks.” Additional methods of transmission include surface contact. Illness can range from mild to severe, have long-term effects, and include life-threatening complications and even death.

Even a fully vaccinated person can become infected with COVID-19. As well, it is possible to be infected, not show any symptoms, and still pass the virus on to another person. Without strict quarantines, it is possible to take a COVID-19 diagnostic test, receive a negative test result, and still spread the illness to others. In light of this, it is extremely difficult to organize an in-person event with certainty that no attendee will be exposed to COVID-19. This is especially true where events are held at public venues controlled by others.

85 Broads Unlimited LLC, a New York limited liability company doing business as Ellevate Network (“Ellevate Network”), its affiliates, chapter leaders, organizers and hosts cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while attending an Ellevate Network in-person event. While precautions are available and widely circulated by the CDC, it is not practicable for Ellevate Network to prevent the presence of the disease at in-person events. Therefore, if you choose to attend these events, you may be exposing yourself to and increasing your risk of contracting or 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 contracting COVID-19 for myself and on behalf of any minor or adult for which I am the parent or legal guardian. I am choosing to accept the risk so that the person registering for the event can attend an Ellevate Network in-person event because the services are of such value to me and/or the person registering.

I understand that attending the event in-person may expose me or the registrant to exposure to and illness from infectious diseases, including, but not limited to MRSA, influenza, and COVID-19. While some rules, guidelines, equipment, or other on-site measures may be taken to help reduce the risk of exposure, the above risks, including the risk of serious illness and death, still remains.

I understand and accept that COVID-19 is a relatively new disease, and that all risks associated with contracting or spreading the disease cannot be fully known at this time, and that some of these risks, if known, may have caused me to choose not to attend the event. I understand and accept that it is impossible to disclose the full nature of unknown risks and am choosing to attend while knowing this.

I (for myself and, to the maximum extent allowed by law, on behalf of the minor visitor) hereby forever release and waive my right to bring suit against Ellevate Network and its owners, officers, directors, managers, members, officials, trustees, agents, employees, or other representatives (the “Ellevate Network Parties”) in connection with exposure, infection, and/or spread of COVID-19 related to attending in-person events that are, in whole or in part, advertised, hosted, managed, organized, sponsored, or produced by Ellevate Network. I agree for myself on behalf of the minor visitor, and the Ellevate Network Parties to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Ellevate Network Parties and Ellevate Network’s affiliates, heirs, investors, partners, promoters, participants, personnel, sponsors, advertisers, and owners and lessees of premises used to conduct the event being attended (all collectively referred to as the “Released Party”), in law and in equity against any and all claims, suits or actions of any kind, whatsoever, for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees, costs of defense, and any related costs, if litigation or the threat of litigation arises pursuant to any claims made by me or by anyone else acting on my behalf or on behalf of the minor visitor. If I make any such claim or any such claim is made by anyone on my behalf or on behalf of the minor visitor or as a consequence of the minor’s visit to an in-person event held by Ellevate Network, including events prefatory to and extending from the registered event, I agree for myself and on behalf of the minor visitor to reimburse all such costs and liability to the person or entity who incurs such costs or liability from such suits, claim, demands or actions of any kind.

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, but not intentional wrongs or the gross negligence of a Released Party, and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.

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

I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE. I AM AT LEAST 18 YEARS OF AGE AND OTHERWISE LEGALLY COMPETENT TO SIGN THIS AGREEMENT. I AGREE THAT THIS FORM SHALL BE BINDING ON ME, MY MINOR CHILD(REN) AND OTHER FAMILY MEMBERS, AND MY HEIRS, EXECUTORS, REPRESENTATIVES AND ESTATE.

FOR PARENTS/GUARDIANS OF ADULTS DECLARED INCOMPETENT AND OF MINOR VISITORS UNDER THE AGE OF 18: In consideration of the participant/attendee’s attendance at an Ellevate Network event, I accept and agree to the full contents of this document, I certify that I have the authority to sign on behalf of such participant/attendees and to make decisions for them. I also agree to Release, Hold Harmless, Indemnify and Defend the Released Party (as defined above) from all liabilities and claims that arise in any way from any injury, death, loss, or harm that occurs to them as part of attending the in-person event. This includes the claim of the minor and any claim arising from the negligence of the Released Party.