Assumption of Risk, Release, and Waiver of Liability Agreement
Published: August 20, 2020 (CURRENT)
THIS COVID-19 ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AGREEMENT ("COVID-19 Release", "Agreement") between DIGITAL HARMONY PRODUCTIONS (hereafter “DHP”, “Digital Harmony”, "dhplive.com", “Contractor”, or “Company”) and the Customer (hereafter referred to as “CLIENT” or “CUSTOMER”) is made and effective upon CLIENT signing a printed copy of this agreement, acceptance via email referencing the agreement, by placing an order that includes a link to this agreement or on initial or full payment of an invoice that includes a link to this agreement. CLIENT agrees to be bound by these terms and conditions, whether or not CLIENT has read them. DHP may at its sole discretion modify these terms and conditions at any time and any modifications shall apply immediately upon the posting of these modifications to this website, unless otherwise agreed upon in writing with the CLIENT. Previous versions of this agreement, if applicable, are available for review at the bottom of this page.
RELEASE AND WAIVER
In consideration of receiving on premise service from DHP (the “Services”), the CLIENT hereby forever releases, waives, discharges, and covenants not to sue DHP and its past, current, and future officers, directors, employees, contractors, representatives, shareholders, affiliates, agents, successors, and assigns (collectively, “DHP”) from any and all damages, injuries, losses, liability, claims, causes of action, litigation, or demands, including but not limited to those for personal injury, sickness, or death, as well as property damages and expenses, of any nature whatsoever which may be incurred, directly or indirectly, now or in the future, in any way related to COVID-19 and in connection rendering of the Services.
ASSUMPTION OF RISKS
Client understands that while DHP has undertaken reasonable steps to lessen the risk of transmission of COVID-19 in connection with the Services, DHP is not responsible in any manner for any risks related to COVID-19 in connection with the Services. CLIENT understands that the World Health Organization has classified the COVID-19 outbreak as a pandemic. CLIENT further understands that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death. CLIENT is fully aware that participation in the Services carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. Further, CLIENT understands that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. CLIENT hereby voluntarily accepts and assumes all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks. Furthermore, CLIENT represents and warrants that CLIENT does not suffer from any medical condition or disease that might in any way hinder or prevent CLIENT from receiving the Services, including, to CLIENT'S knowledge, COVID-19.
This COVID-19 Assumption of Risk, Release, and Waiver of Liability Agreement (“Agreement”) shall be binding on my heirs, executors, administrators, successors, and assigns. CLIENT expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by applicable laws, and that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. This Agreement contains the entire understanding of the parties relating to the subject matter, and shall not be altered, modified, amended, waived or supplemented in any manner whatsoever except by a written agreement signed by both parties hereto or their duly authorized representatives. This Agreement may be executed, made and delivered electronically.
To the maximum extent permitted by applicable law, CLIENT (a) covenants and agrees not to elect a trial by jury with respect to any issue arising out of this Agreement or the Services that is triable of right by a jury, and (b) waive any right to trial by jury with respect to such issue to the extent that any such right exists now or in the future. This waiver of right to trial by jury is given knowingly and voluntarily.
CLIENT acknowledges that CLIENT has read and understood this Agreement and entered into it voluntarily in consideration of being able to participate in the Services.