COVID-19, caused by the coronavirus known as SARS-CoV-2, has been declared a worldwide pandemic by the World Health Organization. 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.
Brookings Flying Club (“the Club”) has put in place preventative measures to reduce the spread of COVID-19; however, the Club cannot guarantee that you will not become infected with COVID-19. Further, visiting the club’s facilities and/or renting the club aircraft could increase your risk of contracting COVID-19.
I agree to comply with all club policies and rules, including but not limited to all club policies, guidelines, signage, and instructions. Because the club is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. Additionally, I understand partaking in flight instruction, which is an activity that typically requires close proximity to another person for an extended period of time, puts me at an even higher risk for contracting COVID-19.
I agree to comply with screening requirements set out by the club, and provide truthful information on any screening conducted.
With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue the Brookings Flying Club, its board members, officers, agents, volunteers, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the actions and/or negligence of the Released Parties, any third-party using or visiting the Brookings Flying Club facilities, or otherwise.
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Brookings Flying Club facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.
By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using the services of or visiting the Brookings Flying Club to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Oregon law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until 5 years after the State of Oregon lifts all COVID-19 related mandates.
I know that I can talk to my legal adviser about this Agreement and I have either done so or chosen not to. I am voluntarily signing this Agreement and intend it to be the unconditional release of all liability to the greatest extent allowed by law.
If you do not understand anything in this Agreement, you should not sign it and you should talk to your legal adviser.
By signing this agreement, you would be giving up legal rights and incurring legal liabilities.
Before signing, ensure you have carefully read this entire agreement.
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Document Name: COVID-19 Release
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