Assumption of the Risk and 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. 

 

Rhythms Spa and Wellness has put in place preventative measures to reduce the spread of COVID-19; however, the spa cannot guarantee that I will not become infected with COVID-19. Because the spa is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.

 

In addition, I acknowledge that COVID-19 infections have been confirmed throughout the United States, including North Carolina. I hereby agree, represent, and warrant the I shall not visit or utilize the facilities or services at Rhythms Spa and Wellness if I am experiencing symptoms of COVID-19, including, without limitation, fever, cough, or shortness of breath, or have a suspected or diagnosed/confirmed case of COVID-19. I agree to notify Rhythms Spa and Wellness immediately if I believe that any of the foregoing access/use restrictions may apply. 

 

With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Rhythms Spa and Wellness or its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party using the spa, or otherwise, while participating in any activity while in, on, or around the spa and/or while using any spa facilities, tools, equipment, or materials. 

 

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Rhythms Spa and Wellness facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

 

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in receiving services from Rhythms Spa and Wellness to decide whether to sign this document; 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 document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with North Carolina law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the State of North Carolina lifts all COVID-19 related mandates. 

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