COVID-19/Coronavirus In-Person Activity Acknowledgment

 

Liability Waiver, Acknowledgement, Release, and Assumption of Risk

MIAMI Association of REALTORS®

 

 For the purposes of this Liability Waiver, Acknowledgement, Release, and Assumption of Risk (this “Agreement”), whenever reference is made to COVID-19, the reference shall include COVID-19 and any and all variants of COVID-19.

Agreement to Follow Procedures.

The participant executing this Agreement agrees to adhere to the following preventative measures to reduce the spread of COVID-19 at all in-person MIAMI Association of REALTORS® (“MIAMI”) organized volunteer or other in-person activities and events (the “Activities”), including following all Centers for Disease Control (“CDC”) guidelines which include but is not limited to the following: fully vaccinated participants do not have to wear a facial covering or socially distance at MIAMI Activities, however unvaccinated participants must wear facial coverings and socially distance at MIAMI Activities. Unvaccinated people refers to individuals of all ages, including children, that have not completed a vaccination series or received a single-dose vaccine. Despite these preventative measures, MIAMI cannot guarantee that you will not become infected with COVID-19. Further, participating in any in-person MIAMI sponsored or coordinated volunteer or other activities or events and interacting with MIAMI staff, MIAMI Members, or the public could increase your risk of contracting COVID-19..

Participant Certification.

Prior to the participant’s presence at any Activity, the participant also certifies the following:
·       Participant has not been diagnosed with, demonstrated any symptoms of, or been exposed to anyone who has been diagnosed with COVID- 19 within the past fourteen days.
·       Participant will use his/her/their best efforts to minimize the health risk to all participants present at the Activity. This includes but is not limited to: sanitizing his/her/their hands, and if unvaccinated, wearing a protective face covering and practicing social distancing.
·      Participant agrees to notify MIAMI by e-mailing MIAMI’s Legal Department at legal@miamire.com if he/she/they becomes aware of information that poses a danger previously unknown, such as a positive COVID-19 test or the development of COVID-19 symptoms in themselves and/or their guests within fourteen days of the Activity.
·       Participant and his/her/their guests agree in all respects to comply with the most current version of the CDC guidelines when participating in the Activity, and will not violate any applicable federal, state, or local laws or orders, CDC Guidance, or otherwise compromise the safety of other participants or the public during the Activities.

Assumption of Risk.

By signing this Agreement, I understand and acknowledge the contagious nature of COVID-19 and voluntarily assume the risk I may be exposed to or infected by COVID-19 or other infectious diseases by participating in the Activities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 or other infectious diseases by participating in the Activities may result from the actions, omissions, or negligence of myself and others, including, but not limited to, MIAMI employees, MIAMI members, MIAMI board members, volunteers, and any other participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation in any of the activities described in this Agreement.

Release and Waiver.

I HEARBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS, OF WHATEVER KIND OR NATURE AGAINST MIAMI INCLUDING WITHOUT LIMITATION ITS EMPLOYEES, MEMBERS, BOARD MEMBERS, AGENTS, AND REPRESENTATIVES (the “RELEASED PARTIES”), EITHER IN LAW OR EQUITY TO THE FULLEST EXTENT PERMISSABLE BY LAW INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO BODILY INJURTY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPETY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON Y BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION IN THE ACTIVITIES.

Indemnification.

I agree to indemnify, defend, and hold harmless MIAMI and its employees, members, board members, agents, and representatives against all claims, causes of action, damages, judgments, costs or expenses, including attorneys’ fees and other litigation costs, which may in any way arise from my use of any MIAMI facility or my participation at any MIAMI Activity.

Applicable Law.

Any legal or equitable claim that may arise from participation in the Activities shall be resolved under Florida law.

Dispute Resolution.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any Florida statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction. 

No Duress.

I agree and acknowledge that I am under no pressure or duress to sign this Agreement and I have been given a reasonable opportunity to review before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that MIAMI has offered to refund any registration fee I have previously paid if I choose not to sign this Agreement.

Arm’s Length Agreement.
 This Agreement and each of its terms are the product of an arm’s length agreement. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.