The undersigned individual ("Signatory") is making this liability waiver releasing all past, present, and prospective claims against Rhythmic Angels Inc. ("Business") as well as its shareholders, officers, directors, members, managers, employees, contractors, agents, successors, insurers, attorneys, assigns, and all affiliates ("Business Parties") and assuming all liabilities relating to the COVID-19 pandemic voluntarily and under no duress. Signatory is over the age of 18, of sound mind, and competent to make this liability waiver.
Assumption of Risk and Release of Liability. Signatory is aware of current information relating to the COVID-19 pandemic and is knowledgeable about and has understood the instructions given by federal and state governmental authorities to shelter-in-place or stay-at-home due to the highly contagious nature of the COVID-19 Coronavirus and potential for illness, respiratory illness, hospitalization and death as a result thereof. Signatory, being aware of such risks, chooses to voluntarily enter the premises of Business and seek goods/services from Business as a patron/customer. Signatory understands, agrees, and acknowledges, that the risks associated with visiting Business, its premises, and seeking to use and/or purchase Business's goods and/or services, as well as interfacing with Business Parties and/or the Business's staff or other patrons of the Business could expose Signatory to COVID-19 and its symptoms, including but not limited to coughing, fever, runny nose, respiratory symptoms, lung damage, breathing difficulties, damage to extremities, loss of smell or taste, stroke, heart problems, and significant medical issues requiring use of ventilators, artificial breathing devices, breathing tubes, requirement of intensive care, permanent bodily injury, emotional distress, and possibly death. Signatory understands the risks of participating in such activities and voluntarily chooses to patronize Business notwithstanding such risks, and Signatory acknowledges that Signatory has freely consented to such conduct and have assumed the risks thereof. Signatory further understands that Business and Business Parties specifically disclaim and have not made any representations or warranties about other patrons or persons at the premises of the Business or the safety of the premises itself from COVID-19, including any representations or warranties that the COVID-19 particles or droplets are not or will not be present at the premises of the Business, airborne, or on the surfaces of equipment, furniture, fixtures thereupon. Signatory acknowledges that the aforementioned are not an exhaustive list of the risks, hazards and dangers to which Signatory may be exposed as a result of Signatory's presence at the premises of the Business, and Signatory accepts and assumes any and all risks, hazards and dangers regardless of whether they are detailed in this Waiver, and Signatory acknowledges that the waivers, releases and indemnities in this Agreement shall apply to all such risks, hazards and dangers, known or unknown.
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Thermal/Temperature Detection Measures. Signatory understands, agrees, and voluntary consents that Business and/or the Business Parties may have in use thermal/temperature detection equipment and/or may require non-invasive temperature evaluation (to detect above-average human body temperature) of individuals entering its premises as part of Business's COVID-19 mitigation measures and voluntarily consents to the same and waives all claims, liabilities, and/or causes of action in connection therewith.
Release of All Known and Unknown Claims. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIGNATORY, ON BEHALF OF SIGNATORY AND SIGNATORY'S HEIRS, NEXT OF KIN, SPOUSES, GUARDIANS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS, LICENSEES AND ASSIGNS (COLLECTIVELY, THE "RELEASING PARTIES"), SIGNATORY IRREVOCABLY AND UNCONDITIONALLY RELEASE AND FOREVER DISCHARGES THE BUSINESS AND EACH AND EVERY ONE OF THE BUSINESS PARTIES (ALSO REFERRED TO AS THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, ACTIONS, COMPLAINTS, DAMAGES, DEMANDS, ALLEGATIONS, SUITS, LIABILITIES, LOSSES, LIENS, COSTS, EXPENSES AND INJURIES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS AND EXPERT WITNESS FEES) (COLLECTIVELY, "CLAIMS") DIRECTLY OR INDIRECTLY CAUSED BY, ARISING OUT OF, RESULTING FROM, RELATING TO COVID-19 AND COVID-19 RELATED ILLNESS AND/OR BY REASON OF SIGNATORY'S PARTICIPATION IN OR IN CONNECTION WITH THE BUSINESS DURING THE ENTIRETY OF THE COVID-19 PANDEMIC ON ANY LEGAL OR EQUITABLE THEORY WHATSOEVER (COLLECTIVELY, THE "RELEASED CLAIMS"). THE RELEASED CLAIMS SPECIFICALLY INCLUDE, WITHOUT LIMITATION, CIVIL CLAIMS AS WELL AS ANY AND ALL COMPLAINTS TO AND PROCEEDINGS BEFORE ANY GOVERNMENTAL AGENCY, BODY, INVESTIGATING ENTITY, OR LAW ENFORCEMENT, AND ANY CLAIMS RESULTING FROM THE ACTIONS OF ANOTHER PARTICIPANT OR ANY OTHER THIRD PARTY AT ANY TIME, WHETHER OR NOT CAUSED BY OR ARISING OUT
OF THE NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT OF ANY OF THE BUSINESS PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIGNATORY ALSO AGREES NOT TO SUE OR INSTITUTE ANY OTHER LEGAL PROCEEDINGS AGAINST ANY OF THE RELEASED PARTIES BASED ON ANY OF THE RELEASED CLAIMS HEREUNDER. SIGNATORY ACKNOWLEDGES THAT THERE IS A POSSIBILITY THAT AFTER THE EXECUTION OF THIS AGREEMENT, SIGNATORY MAY DISCOVER FACTS OR INCUR OR SUFFER CLAIMS THAT WERE UNKNOWN OR UNSUSPECTED AT THE TIME SIGNATORY EXECUTED THIS AGREEMENT, AND WHICH, IF KNOWN BY SIGNATORY AT THAT TIME, MAY HAVE MATERIALLY AFFECTED
SIGNATORY'S DECISION TO EXECUTE THIS AGREEMENT. SIGNATORY ACKNOWLEDGE AND AGREE THAT BY REASON OF THIS AGREEMENT AND THE RELEASES CONTAINED HEREIN, SIGNATORY HAS ASSUMED ANY RISK OF SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS AND THIS RELEASE SHALL CONSTITUTE A FULL, FINAL, AND COMPLETE RELEASE, ACCORD AND SATISFACTION OF EACH AND EVERY OF THE RELEASED CLAIMS THAT SIGNATORY HAS OR MAY HAVE, AT ANY TIME, AGAINST ANY OF THE RELEASED PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIGNATORY KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF ANY STATUTE, LAW OR RULE OF SIMILAR EFFECT WITH RESPECT TO ANY SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS OF ANY OTHER JURISDICTION THROUGHOUT THE WORLD, AND ACKNOWLEDGES AND AGREES THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS RELEASE. SIGNATORY REPRESENTS THAT SIGNATORY UNDERSTANDS AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF THE RELEASES MADE HEREIN, AND OF SIGNATORY'S WAIVER OF ALL RIGHTS UNDER ANY SIMILAR STATUTES, LAWS, AND RULES.
In making this Agreement, Signatory acknowledges that they have reviewed and that they are familiar with Civil Code Section 1542 and any other similar state statute, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his OR HER settlement with the debtor." Being aware of said code section and except as set forth otherwise in this Agreement, Signatory expressly waives and relinquish all rights and benefits which each may have, or may have had, under Section 1542, or under any other comparable statute or common law principles of similar effect of any other jurisdiction, to the full extent that each may lawfully waive all of such rights and benefits which pertain to the matters released herein. Indemnity. Signatory agrees to defend, indemnify and hold the Business as well as each of the Business Parties free and harmless from and against any and all Claims (including, without limitation, attorneys' fees and costs and expert witness fees).
