top of page

COVID-19 ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AGREEMENT
READ BEFORE SIGNING

 

In consideration of being allowed to participate in any way in the tours, activities and/or related events (the “activities”), the undersigned acknowledges, agrees, and understands that:

1.    I acknowledge that I do not have to participate in the activities, and that I do so of my own free will and volition. I have been informed of and I understand the various aspects of the activities.
 
2.    I, as a participant, acknowledge that the activities carry certain inherent risk of injury and the risks are significant. I understand that there are potential dangers incidental to my participation in the activities, some of which may further expose me to the risk of personal injuries, illness, property damage, or even death, as a consequence of not only the actions, inactions or negligence of MC&A, INC. (“Company”), its directors, officers, employees, agents and assigns (“Company Releasees”), but also the actions, inactions or negligence of others, conditions of equipment used, and that there may be other risks not known to me or not reasonably foreseeable at this time. While particular rules, safety protocols, equipment, and personal discipline may reduce these risks, the risk of serious injury, sickness and/or death to me does exist.

3.    I further acknowledge that the activities may increase my risk of becoming exposed to and/or infected by the novel Coronavirus (“COVID-19”). I affirm that I, as well as all of my household members, do not currently have, nor have experienced any of the COVID-19 related symptoms, which includes fever, fatigue, dry cough and difficulty breathing, WITHIN THE LAST 14 DAYS. I also affirm that I, as well as all of my household members, have not knowingly been exposed to anyone diagnosed with COVID-19 WITHIN THE PAST 14 DAYS and will notify     Company if any of these symptoms are present prior to participating in the activities. 

4.    I KNOWLINGLY AND FREELY ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS, AND I ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION. FURTHERMORE, I REPRESENT AND WARRANT THAT I DO NOT SUFFER FROM ANY MEDICAL CONDITION OR DISEASE THAT MIGHT IN ANY WAY HINDER OR PREVENT ME FROM PARTICIPANTING IN THE ACTIVITY. 

5.    I willingly agree to comply with the stated and customary terms and conditions and the instructions of the activity’s operator for my participation.  If I have any concern about my physical or mental readiness for participation in the activities, I agree that I will immediately bring such concern to the attention of the nearest activity operator representative or Company representative.

6.    I, for myself and on behalf of my heirs, assigns, executors, administrators, agents, personal representatives and next of kin, HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE COMPANY, Company Releasees and its affiliate companies, other participants, activity sponsors, advertisers, and if applicable, the activity operator and the owners and/or lessors of the premises used to conduct the activities (“Activity Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, ILLNESS, DEATH, or loss or damage that I or any other person or property may suffer incident to my involvement or participation in these activities, WHETHER ARISING FROM THE NEGLIGENCE OF THE COMPANY RELEASEES, THE ACTIVITY RELEASEES OR OTHERWISE, to the fullest extent permitted by law. Specifically, I release the Company, the Company Releasees and the Activity Releasees from all liability for the unintentional exposure or harm due to COVID-19.

7.    I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY INDEMNIFY AND HOLD HARMLESS ALL THE ABOVE RELEASEES from any and all liabilities, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys’ fees) incident to my involvement or participation in these activities EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent permitted by law.

8.    I further expressly agree that this Release of Liability is intended to be as broad and inclusive as is permitted by law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

9.    It is agreed that the Law and the jurisdiction and venue of the location of the activities apply to this document.  

10.    I HAVE READ THIS RELEASE OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

My cart

Cart is empty

REQUIRED WAIVER

Thanks for submitting!

bottom of page