COVID-19 Rules and Waiver Agreement
Harbor Bay Club Agreement to Follow the Club's COVID-19 Rules and Waiver of Liability and Hold Harmless Agreement.
In consideration for receiving permission to use the facilities, services, equipment and programs of the HARBOR BAY CLUB ("the Club') I, on behalf of myself and all people who are covered by my membership with the Club, hereby acknowledge and agree to the following:
The Bay Area is currently affected by the COVID-19 pandemic. COVID-19 is extremely contagious and is believed to be spread from person-to-person contact and/or contact with infected surfaces. Pursuant to the appropriate governmental authorities allowing the Club to open to our members, the Club is implementing measures to reduce the potential spread of COVID-19 amongst its members and its employees. These procedures require that our members agree to be bound by the Club's specific rules and guidelines when using its facilities, services, equipment and programs, even if the Club's rules are more stringent than those ordered by the County Health Department or any other authority.
By signing below, I agree and acknowledge:
1. I agree to follow the Club's rules and guidelines when using its facilities, services, equipment and programs and when interacting with the Club's employees. These rules may involve maintaining social distancing, wearing a face mask, washing or disinfecting my hands upon entering the facilities, and the like. I understand that the Club's rules and guidelines regarding COVID-19 may change over the course of time and that the Club will post its rules at its entrances and on its website. I agree that, in order to use the Club's facilities, services, equipment and programs, I will follow the Club's then-current rules.
2. Notwithstanding the Club's efforts to prevent the spread of COVID-19, I understand the risks and hazards of COVID-19 and that using the Club’s facilities, services, equipment and/or programs may result in exposure to or infection by COVID-19. Notwithstanding these risks, I willingly choose to participate in activities at the Club and/or to use its facilities, equipment, and services.
3. I agree I will NOT use the Club's facilities, services, equipment or programs if any of the following has occurred:
(a) I am sick with or believe I have COVID-19 or any other infectious disease;
(b) I have been exposed, in the 20 days before using the Club's facilities, services, equipment or programs, to someone with COVID-19 or to someone who suspects they have COVID-19;
(c) I have a fever of more than 100 ºF;
(d) I have experienced fever, cough, soreness, chills, repeated shaking with chills, muscle pain, sore throat, or new loss of taste or smell in the 72 hours prior to using the Club's facilities, services, equipment or programs;
(e) I have traveled internationally in the 14 days before using the Club's facilities, services, equipment or programs; and
(f) I have been in contact with someone who has traveled internationally in the 14 days before using the Club's facilities, services, equipment or programs.
4. I agree to immediately notify the Club if, within 14 days of using the Club's facilities, services, equipment or programs, I am diagnosed with or believe I have COVID-19 or any other infectious disease. In such a case, I will cooperate with the Club and/or the authorities to identify all people at the Club with whom I may have come in physical contact and identify all areas in the Club where I was physically present.
5. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from using the Club's facilities, services, equipment or programs and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself, any minor children for whom I have the capacity contract, and any others covered by my membership as stated in paragraph 8 below) the HARBOR BAY CLUB, its officers, directors, agents, employees and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result from using the Club's facilities, services, equipment or programs or being in contact with its employees. This release includes any and all injuries that may result from exposure to or contraction of COVID-19, including any illness, disability, death and any related loss, claim, liability and expense of any kind.
6. I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses 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, exposure to or contraction of COVID-19 or any other illness or injury.
7. By signing this Agreement, it is my express intent that this Waiver and Hold Harmless Agreement shall bind any of my assigns and representatives and any assigns and representatives of the children or adults listed below, and this shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of California.
8. I represent that I have the capacity to contract for the minor child/children identified below and that I hereby agree that they will be bound by the terms and conditions of this Agreement, including the release. As for any adults covered by my membership, I represent that I have consulted with those adults regarding the terms and conditions of this Agreement and that they have given me authority to be their attorney-in-fact for purposes of this Agreement. I further represent that those adults have informed me that they agree to be bound by the terms and conditions of this Agreement, including the waivers of liability, and that my signature below is intended to bind the adults identified. I further acknowledge that the representations in this paragraph are material to the Club's decision to permit me and those listed below the ability to use the Club's facilities, services, equipment or programs.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless 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; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
Signature of Member: ______________________
Birthdate of Member: ____________
Membership Number: ____________
Names & Birthdates of Minor Child(ren) on Membership:
Names & Birthdates of Adults Covered by my Membership and This Agreement: