GENERAL RELEASE, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
In consideration of being permitted to attend and participate in an SME Event (the “Event”) at the given venue (the “Venue”) on the given date which is co-sponsored or owned by the Society of Manufacturing Engineers (“SME”), and others, I acknowledge, represent, and agree as follows:
- I acknowledge that: (a) COVID-19 has been declared a worldwide pandemic and is extremely contagious; (b) it is believed that COVID-19 may be spread and/or contracted, among other ways, through the air, from person-to-person contact, and by contact with contaminated surfaces and objects; (c) it is believed that even asymptomatic individuals may be infected with and spread COVID-19; (d) COVID-19 can cause serious and life-threatening illness and may cause death; and (e) attendance at and participation in the Event may increase the risk of contracting and spreading COVID-19.
- I acknowledge that I am voluntarily attending and participating in the Event at my own risk. I further acknowledge that I am fully assuming, and agree to fully assume, the risk of my attendance at and participation in the Event, including, but not limited to, the risk of being exposed to and infected with COVID-19 and the risk of illness and death relating to COVID-19. I further acknowledge that while certain preventative measures have been implemented to attempt to reduce the spread of COVID-19 at the event and that I agree to follow such measures, there is no guarantee that I, my spouse, my child(ren), my family members, or anyone else will not become exposed to or infected with COVID-19.
- I (on behalf of myself and all of my heirs, executors, administrators, trustees, assigns, family members, and representatives) fully and forever release, waive, acquit and discharge SME, the Event, and the Venue, and all of their respective affiliates, parent companies, subsidiaries, predecessors, successors, assigns, divisions (whether incorporated or unincorporated) and related companies and entities, and all of their respective past and present members, directors, officers, managers, employees, trustees, contractors, attorneys, insurers and agents (in their individual, representative and all other capacities) (collectively the “Released Parties”) from and for any and all claims, actions, suits, charges, grievances, causes of action, damages and liability relating to and/or arising out of, directly or indirectly, my attendance at and participation in the Event, including, but not limited to, any claim based on the negligence of any of the Released Parties and/or my exposure to and infection with COVID-19 before, during, and/or after the Event.
- I acknowledge and agree that the release contained in Section 3 concerns a substantial right and is intended to and shall be construed broadly. I further agree that I will not pursue, allege or file any claim, matter or cause of action in violation of, and/or released under, this Agreement.
- I agree to take every precaution while at the Event including, but not limited to, engaging in social distancing, wearing a mask, minimizing face touching, and washing and sanitizing my hands. I further agree not to attend the Event if I feel ill, have any COVID-19 symptoms, or have had close contact with anyone with COVID-19 within 14 days of the Event.
- I acknowledge and agree that this Agreement shall be binding on me and all of my heirs, executors, administrators, trustees, assigns, family members, and representatives, and that neither I nor any of my heirs, executors, administrators, trustees, assigns, family members, and representatives shall assert any claim released under this Agreement.
- I agree to defend, indemnify and hold harmless the Released Parties from and against any and all claims, actions, suits, charges, grievances, causes of action, liability, judgments, damages, costs and expenses (including attorneys’ fees) relating to and/or arising out of, directly or indirectly, my attendance at and participation in the Event, including, but not limited to, my exposure to and/or infection with COVID-19 and/or my transmission and/or spread of COVID-19 to others.
- Michigan law shall govern this Agreement, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Michigan.