ES

Waiver of Liability

Live Yes! Connect 
Participant Waiver of Liability and Assumption of Risk, Media Release, and Waiver of Liability Relating to Coronavirus/COVID 19 and Release Agreement


I, representing myself, or as the parent / legal guardian of the participant, hereby understand and agree to this WAIVER OF LIABILITY AND ASSUMPTION OF RISK, MEDIA RELEASE, AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID 19 AND RELEASE AGREEMENT and to the terms and conditions as set forth herein: 

Nature of Live Yes! Connect Events, Participant Conduct: Live Yes! Connect is a network of peer led social, networking and support groups led by passionate, caring, dedicated Facilitators who offer personalized help and support to either adults living with arthritis, or JA parents/guardians of children living with arthritis and their families and loved ones. Live Yes! Connect Facilitators operate independently to manage the organizational, logistical and programmatic aspects of a Live Yes! Connect Group or event without the direct assistance or involvement of Arthritis Foundation staff. The information presented at a Connect Group event is provided as a public service for informational and educational purposes only. Participant understands and agrees that the information is not intended and should not be construed as personal medical advice. Because each person’s health condition and needs are different, a physician should be consulted before acting on any information provided during this presentation. Participants will consult a healthcare professional when seeking medical advice.

Participants understand and agree that the goal of the Arthritis Foundation and Facilitators of Live Yes! Connect events is to provide a safe and enjoyable program environment free from disruption or harassment and to that end the Arthritis Foundation and the event Facilitator reserve the right to deny admission to any individual whose behavior is disruptive or who harasses or treats disrespectfully other program participants, members or event leaders, in the sole discretion of the event Facilitator. While Live Yes! Connect Facilitators may provide activities for families, any minors present at an event must be supervised and accompanied by an adult guardian. 

Media Release: The Arthritis Foundation and Facilitators of Live Yes! Connect events are committed to respecting the privacy of all participants, and personal contact information will not be shared with anyone other than the Arthritis Foundation without consent. This information is collected so that Facilitators can notify participants of upcoming events. This information also enables the Arthritis Foundation to notify participants of both local and national Arthritis Foundation news and future events. 

Notwithstanding the foregoing, Participants hereby grant the Arthritis Foundation and its representatives and agents, the right to use the participant’s and their child’s/childrens’ quoted remarks or contributed original works, reproduce and publish photographs, video, audio or digital recordings of the participant or their minor child/children, including name, image and likeness as depicted therein, for Arthritis Foundation use in any and all media including print, online, and video-based marketing materials, as well as any other Arthritis Foundation publications; or any other purpose and in any manner and medium and to alter/edit the same without restriction.  Participants further acknowledge that participation is voluntary and waive any rights of compensation or ownership thereto. Participants understand any quoted remarks or original work contributed that is published may include a credit with name. Furthermore, participants understand signing this release does not guarantee publication, but rather is simply consent for publication in the discretion of the Arthritis Foundation. While Participants understand that it is the intention of the Arthritis Foundation to present the participant or their child’s/children’s image or words in a positive manner, participants hereby release and hold harmless the Facilitator and the Arthritis Foundation and its officers, directors, employees, agents, volunteers and legal representatives and assigns from any and all claims, actions and liability relating to its use of said material.  

Assumption of Risks, Waiver and Release from Liability: Participants understand and agree that participation in Live Yes! Connect events shall be at the participant’s and their child’s/childrens’ own risk and that neither the Facilitator, the Arthritis Foundation nor any co-sponsoring organization or facility, nor their respective officers, directors, employees, volunteers, or agents shall assume or have any responsibility or liability for expenses or medical treatment or for compensation for any injury or harm the participant or their child/children may suffer during or resulting from participation in this program (“Damages”). Participant releases, discharges, covenants not to sue, and agrees to hold harmless the Facilitators of this event, the Arthritis Foundation, its employees, volunteers, agents, and representatives, of and from all Damages and waives and releases any claims, causes of action or liability for any such Damages.   Further, in the event of emergency, participants hereby authorize any and all medical attention to be administered that is deemed necessary by attending emergency or medical personnel.  

Waiver of Liability Relating to Coronavirus/COVID 19: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

Neither the Facilitator(s) of this event nor the Arthritis Foundation can guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending an event could increase your risk and your child(ren)’s risk of contracting COVID-19.

By registering for a Live Yes! Connect Group, 
•    you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you or your child(ren) may be exposed to or infected by COVID-19 by attending a Live Yes! Connect event and that such exposure or infection may result in personal injury, illness, permanent disability, or death. You understand that the risk of becoming exposed to or infected by COVID-19 at a Live Yes! Connect event may result from the actions, omissions, or negligence of yourself or others, including, but not limited to, Facilitators or Arthritis Foundation employees, volunteers, and other program participants and their families.
•    you affirm that you do not have, and in the past 14 days have not had, COVID-19 symptoms  (including cough, shortness of breath, fever, chills, muscle pain, sore throat, new loss of taste or smell). If you cannot affirm this or are experiencing any COVID-19 symptoms, you may not participate in this event.
•    you affirm that you have not had any close contact with or lived with someone with COVID-19 within the last 14 days. If you have been in close contact or lived with someone with COVID-19 in the last 14 days you may not participate in this event.
•    you voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury or harm to yourself or your child(ren, including, but not limited to illness,  injury, disability, or death, damage, loss,  liability, or expense, of any kind, that you or your child(ren) may experience or incur in connection with attendance at a Live Yes! Connect event (“Claims”). On behalf of yourself, and on behalf of your children, you hereby release, covenant not to sue, discharge, and hold harmless the Facilitators of this event, the Arthritis Foundation, its employees, volunteers, agents, and representatives, of and from all Claims and Damages, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Facilitators or the Arthritis Foundation, its employees, volunteers, agents, and representatives, whether a COVID-19 infection or Claims or Damages occur before, during, or after participation in this event.

I, REPRESENTING MYSELF, OR AS PARENT AND/OR LEGAL GUARDIAN OF THE PARTICIPANT(S), HAVE READ THE FOREGOING WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK, PARTICIPANT AND MEDIA RELEASE, AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID 19 AND RELEASE AGREEMENT, AND FULLY UNDERSTAND ITS CONTENTS.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, I HEREBY AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD THE FACILITATOR(S), THE ARTHRITIS FOUNDATION, AND THEIR RESPECTIVE EMPLOYEES, VOLUNTEERS, OFFICERS, DIRECTORS, AGENTS AND ASSIGNS (THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, OBLIGATIONS, LOSSES, CLAIMS, JUDGMENTS, DEMANDS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), SUITS, INVESTIGATIONS, PROCEEDINGS AND CAUSES OF ACTION (COLLECTIVELY, “DAMAGES”) TO THE EXTENT RELATING TO, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PARTICIPANT’S ATTENDANCE AND PARTICIPATION IN THE EVENT.