Before participating in the EF FTX (“EF Events”), please review the following information and submit if you agree to the terms of this Assumption of Risk and Waiver of Liability Related to COVID-19 (“Release”).
Echelon Front, LLC (“EF”) takes the coronavirus pandemic very seriously and has put in place a Safety Action Plan to help reduce the spread of SARS-CoV-2 pursuant to the guidelines of the Centers for Disease Control and Prevention (“CDC”) and in compliance with Federal, State, and local guidelines, rules, and regulations. However, even with these preventative measures, EF cannot guarantee that you will not become exposed to SARS-CoV-2 or infected with COVID-19. It is possible that attending EF Events may place you in close physical contact with attendees, staff, vendors, and other persons at EF Events,which could increase the risk that you could be exposed to or contract SARS-CoV-2.
In consideration for entry to EF Events, the undersigned, on behalf of myself, invitees, representatives, assignees, executors, heirs, employees, and, if applicable, on behalf of my minor child or children (collectively, “I”) agree that at any time while I am at EF Events, SARS-CoV-2 exposure or COVID-19 infection could result in personal injury, illness, sickness, disease, permanent disability, or death. I understand SARS-CoV-2 exposure or COVID-19 infection while at EF Events may result from the actions, omissions, or negligence of myself, or others.
ASSUMPTION OF THE RISK: I hereby acknowledge and assume the foregoing risk of any personal injury—including, but not limited to, sickness and disease, bodily injury, damage, and death attributable to any cause, including communicable diseases such as COVID-19. I assume the risk of ordinary negligence of EF, and its managers, members, owners, employees, representatives, agents, volunteers, officials, affiliated and associated agents, companies, and organizations, that own or are responsible for EF Events (collectively, “Released Parties”). I assume the risk of negligent compliance, supervision, or enforcement of the Safety Action Plan by the Released Parties as well as negligent compliance with any rules or regulations by others who are at any locations in use by EF at any time.
RELEASE AND WAIVER OF LIABILITY: I hereby fully and forever release, waive, and discharge the Released Parties from any claims, demands, actions, causes of action, liabilities, damages, costs, or expenses that I may have against the Released Parties arising from the Released Parties’ active or passive negligence or out of my actions or inaction, including, but not limited to, any misrepresentations about my health during EF Events.
AGREEMENT FOR ACCESS: I agree that I will not enter EF Events if my temperature is higher than 99° Fahrenheit or if I have any COVID-19 symptoms listed by the CDC, including, but not limited to, cough, loss of taste/smell, or shortness of breath. I further agree that I have not tested positive or been in contact with anyone who has tested positive for COVID-19 within two weeks of attending EF Events. I understand that EF will not enforce any mask or social distancing restrictions at EF Events and that my participation is at my own risk. I agree to accept email and text messages from EF Events.
ARBITRATION: YOU AND EF AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO EF EVENTS OR THE VIOLATION, ENFORCEMENT, OR INTERPRETATIONS OF THIS RELEASE, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, WILL BE DETERMINED BY ARBITRATION WITH JUDICIAL ARBITRATION AND MEDIATION SERVICES (JAMS) IN ITS DALLAS, TEXAS OFFICE. THE ARBITRATION WILL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, AND TO THE EXTENT NECESSARY WILL COMPLY WITH THE JAMS CONSUMER MINIMUM STANDARDS FOR ARBITRATION PROCEDURES.
Judgment on the award may be entered in any court having jurisdiction. This clause does not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
This Release and the rights of the parties hereunder is governed by and will be construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that this Release evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16).
In any arbitration arising out of or related to this Release, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
I agree this Release extends to all acts of ordinary negligence of Released Parties and is intended to be as broad and inclusive as is permitted by law. If any portion of this Release is held invalid, the remaining potions will continue to have full legal force and effect.