Watercourse Way


WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19 The novel Coronavirus has been declared a worldwide pandemic by the World Health Organization.According to the U.S. Centers for Disease Control and Prevention (“CDC”), COVID-19—the disease caused by Coronavirus—is contagious.The state of medical knowledge is evolving, but the virus is thought to spread from person to person, mainly through respiratory droplets produced when an infected person coughs or sneezes.These droplets can land in the mouths or noses of people nearby or possibly be inhaled into the lungs.Spread is more likely when people are in close contact with one another (within about 6 feet). Individuals may be contagious days before they show symptoms. COVID-19 seems to spread easily and sustainably in the community in many affected geographic areas, including in the Bay Area.There is no known treatment, cure, or vaccine for COVID-19.COVID-19 can cause serious and potentially life threatening illness and even death. Watercourse Way (“WCW”) is following published guidance and protocols from the CDC, U.S. and California Occupational Health and Safety Administrations, and the Santa Clara Public Health Department.We also are complying with state and local orders regarding COVID-19.Despite these efforts, WCW cannot guarantee that you will not be exposed to, contract, or spread COVID-19 while receiving our services.By choosing to accept WCW’s services, you may expose yourself to and increase your risk of contracting COVID-19. In consideration for you receiving WCW’s services, you agree: 
  1. I am personally responsible for my own safety and actions while receiving WCW’s services;
  2. I have not recently tested positive for COVID-19 and I am not currently exhibiting symptoms of COVID-19 as defined by the CDC from time to time (e.g., fever, cough, shortness of breath or difficulty breathing, loss of taste or smell, headache, chills, muscle or body aches and/or sore throat);
  3. I will not enter WCW and receive WCW services, if I am exhibiting symptoms of COVID-19, if I have recently tested positive for COVID-19, or if any members of my household are exhibiting sypmtoms or has recently tested positive for COVID-19;
  4. If I observe any unusual or significant hazard while on WCW’s premises or receiving services from WCW, I will remove myself and bring such to the attention of the nearest WCW employee immediately;
  5. I will comply with the safety policies communicated by WCW, including, but not limited to instructions:
  • not to enter WCW and receive WCW’s services if I have recently tested positive for COVID-19 or have symptoms of COVID-19 or have been in close contact with a person who recently tested positive for COVID-19 or who is showing symptoms of COVID-19;
  • not to enter WCW and receive WCW’s services if I have traveled, internationally or to another location within the United State that has high rates of COVID-19, within the last 14 days;
  • to wear a face covering whenever possible;
  • to maintain at least 6 feet of distance between myself and others whenever possible; and
  • to follow CDC guidance for good hygiene, including washing my hands frequently
ASSUMPTION OF RISK AND WAIVER OF LIABILITY I have read and understood the above warnings about the risks of contracting COVID-19 and the consequences if I do.With full awareness and appreciation of the risks, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, forever release and waive my right to sue Watercourse Way and its/their owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives (“Releasees”) in connection with exposure, infection, and/or spread of COVID-19 related to my receiving services from WCW.I understand that this waiver means I give up my right to bring any claims including claims for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence, and I give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.I agree the provisions herein are reasonable and enforceable.If any portion or provision of this document is determined to be invalid, or unenforceable, the remainder shall not be affected by such determination and shall be valid and enforceable to the fullest extent permitted by law. 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.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. FOR CUSTOMERS OF MINORITY AGE (UNDER AGE 18) This is to certify that I, as parent/guardian, with legal responsibility for this customer, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and receiving services and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases.Furthermore, my child/ward understands and accepts these risks and responsibilities.I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or receiving services from WCW as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.

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July 15, 2020 8:21 pm PDTWAIVER OF LIABILITY RELATING TO CORONAVIRUS COVID-19 Uploaded by Watercourse Way - waivers.wcw@gmail.com IP