The Subcontractor desires to provide services to Touchline Video, Inc. and engage in activities related to such service. Subcontractor understands that he/she is responsible for his/her own insurance coverage in the event of personal injury or illness as a result of services provided to Touchline Video, Inc.. 1. Waiver and Release: I, the Subcontractor, for myself and my heirs, executors, administrators and assigns, hereby release, waive, discharge and hold harmless, Touchline Video, Inc. and its successors, assigns, libraries, directors, officers, employees and agents from any and all liability, claim and demands of whatever kind of nature, either in law or in equity, which arise or may hereafter arise from the services I provide to Touchline Video, Inc.. I understand and acknowledge that this Release discharges Touchline Video, Inc. from any liability or claim that I may have against Touchline Video, Inc. with respect to bodily injury, personal injury, illness, death, property damage, or any other claim that may result from the services I provide to Touchline Video, Inc. or occurring while I am providing services. 2. Insurance: Further, I understand that Touchline Video, Inc. does not assume any responsibility for or obligation to provide me with financial or other assistance, including but not limited to medical, health, workers compensation, or disability benefits or insurance. I expressly waive any such claim for compensation or liability on the part of Touchline Video, Inc. beyond what may be offered freely by Touchline Video, Inc. in the event of injury or medical expenses incurred by me. 3. Medical Treatment: I hereby release and forever discharge Touchline Video, Inc. from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during my tenure as a Subcontractor with Touchline Video, Inc.. 4. Assumption of Risk: I understand that the services I provide to Touchline Video, Inc. may include activities that may be hazardous. As a Subcontractor, I hereby expressly assume risk of injury or harm from these activities and release Touchline Video, Inc. from all liability. 5. Other: As a Subcontractor, I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Nevada and that this Release shall be governed by and interpreted in accordance with the laws of the State of Nevada. I agree that in the event that any clause or provision of this Release is deemed invalid, the enforceability of the remaining provisions of this Release shall not be affected.
COVID-19 Waiver Of Liability
Please review this waiver, release, indemnity and hold harmless agreement
INFECTIOUS DISEASE WAIVER OF LIABILITY, RELEASE OF CLAIMS, INDEMNITY AND HOLD HARMLESS AGREEMENT In consideration of being allowed to participate in filming practices, drills, scrimmages, games, related events and activities (collectively referred to herein as, “Activities” and individually as an “Activity”) as a subcontractor of MediaAthlete LLC, its subsidiaries, and other corporate affiliates, including ConnectSports LLC, (the “Company”), the undersigned acknowledges, understands, certifies and agrees to all of the following agreements and provisions contained in this Infectious Disease Waiver of Liability, Release of Claims, Indemnity and Hold Harmless Agreement (the “Agreement”):
1. I understand the novel coronavirus (“COVID-19”) is extremely contagious and is believed to spread mainly from person-to person contact and is wide-spread across the United States of America, including all states.
2. I certify that I have not recently tested positive for and am not exhibiting symptoms of COVID19, which include a cough, shortness of breath or difficulty breathing, loss of taste or smell, headache, chills, fever over 99.5 degrees, muscle or body aches, sore throat and/or diarrhea.
3. I certify that I do not have a household family member/roommate who has recently tested positive for or exhibited the above-referenced symptoms of COVID-19.
4. I understand if I have a pre-existing health condition, exposure to COVID-19, or any other infectious disease may be more likely to cause serious illness, injury or death.
5. I agree to comply with the rules and regulations of The Company for safe event operation along with the rules and regulations of the owners of the premises where Activities are filmed (the “Facility Owners”). I acknowledge and am aware that such rules and regulations are regularly modified and updated. I accept full responsibility for familiarizing myself and complying with the most recent updates of such rules, regulations and guidelines.
6. I understand that the Company cannot ensure that all other participants, including coaches and volunteers, are taking precautionary measures to mitigate risks to ensure the health and safety of other participants, coaches and volunteers, and therefore participation in Activities involves risk of exposure to infectious disease including but not limited to COVID-19, MRSA and Influenza. While the Company has put in place preventative measures to reduce the spread of COVID-19 and other infectious diseases; the Company cannot guarantee that you will not become infected with COVID-19 or any other infectious disease. Further, filming any Activities could increase your risk and your family members’ risk of contracting COVID-19 or any other infectious disease. While compliance with the Company’s and the Facility Owners rules, regulations and guidelines may reduce the risk of contracting COVID-19 or any other infectious disease, the risk of serious illness and death does exist.
7. To the best of my knowledge, I am of good health, am not immune compromised and can fully participate in filming Activities. Notwithstanding the risks associated with COVID-19 or any other infectious disease, which I readily acknowledge, I hereby voluntarily choose to participate in any and all filming Activities and to enter any and all premises where the Company films Activities knowing that any of the Activities may be hazardous to me and I knowingly assume and freely assume such risks, both known and unknown, even if arising from the negligence of the Releasees (as defined below). I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, DAMAGE, PERSONAL LOSS, ILLNESS, INJURY OR DEATH FROM COVID-19, OR ANY OTHER INFECTIOUS DISEASE, THAT MAY BE SUSTAINED BY ME OR MY FAMILY MEMBERS AS A RESULT OF BEING ENGAGED IN ANY FILMING ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY, ITS MEMBERS, COACHES, CONTRACTORS, VOLUNTEERS, AGENTS, EMPLOYEES, OR BY THE FACILITY OWNERS (COLLECTIVELY REFERRED TO HEREIN AS “RELEASEES” OR INDIVIDUALLY AS “RELEASEE”) OR OTHERWISE.
8. In consideration for participating in filming Activities and for other valuable consideration which is hereby acknowledged, I hereby RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE AND COVENANT NOT TO SUE RELEASEES from any and all liability, claims, costs, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, illness or injury, including death, that may be sustained by me or my family members FROM COVID-19, OR ANY OTHER INFECTIOUS DISEASES, AS A RESULT OF BEING ENGAGED IN ANY OF THE FILMING ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.
9. I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses, costs or expenses of any nature whatsoever including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel, and whether or not an action is brought, on appeal or otherwise, arising from or out of, or relating to, directly or indirectly, an infection of myself, my family members with COVID-19, or any other infectious disease, illness or injury.
10. It is my expressed intent that this Agreement shall bind the members of my family, if I am alive, and my heirs, assigns and personal representative, if I am not alive, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above RELEASEES.
11. I understand that the Company (or any RELEASEE) will not be responsible for any medical costs associated with any illness from COVID-19 or any other infectious disease that I or my family members may sustain as a result of participating in any filming Activities.
12. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT TO THE PERMISSION GRANTED BY THE COMPANY AND RELEASEES TO BE ON PREMISES AND TO PARTICIPATE IN FILMING THE ACTIVITIES.
13. I hereby further agree that this Agreement shall be construed in accordance with the laws of the State of New York.
14. Electronic, email or facsimile signatures on this Agreement shall be construed for all purposes as original signatures.
15. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during this Agreement, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid, or unenforceable provision there shall be automatically added, as part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
16. This Agreement may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart.
BY SIGNING THIS Infectious Disease Waiver of Liability, Release of Claims, Indemnity and Hold Harmless Agreement, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreement, have been made.
