Capoeira Collective Bay Area Waiver, Assumption of Risk, And Indemnity Agreement

In consideration of being permitted to participate in any way in Capoeira and its related activities as part of Capoeira Collective Bay Area, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Capoeira Collective Bay Area, its officers, employees, and agents from liability from any and all claims including the negligence of Capoeira Collective Bay Area, its officers, employees and agents, resulting in personal injury, accidents or illnesses (including death) and property loss arising from, but not limited to, participation in Capoeira and its related activities as part of Capoeira Collective Bay Area, whether occurring at the place of instruction or elsewhere:
 

Assumption of Risks:

Participation in Capoeira and its related activities as part of Capoeira Collective Bay Area, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I understand that instruction in Capoeira and its related activities involves strenuous exercise and body contact. The specific risks vary from one activity to another, but the risks range from:

• Minor injuries such as scratches, bruises, and sprains to

• Major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions

• Catastrophic injuries including paralysis and death.

I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in Capoeira and its related activities as part of Capoeira Collective Bay Area. When taking online classes, I take full responsibility for ensuring that my training space and equipment are safe. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
 

Indemnification and Hold Harmless:
 

I also agree to INDEMNIFY AND HOLD Capoeira Collective Bay Area HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney's fees brought as a result of my involvement in Capoeira and its related activities as part of Capoeira Collective Bay Area, and to reimburse them for any such expenses incurred.

Severability:
 

The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
 

Acknowledgment of Understanding:
 

I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
 

COVID-19 Addendum:
 

I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.

I further acknowledge that Capoeira Collective Bay Area cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, teachers, other students and their families.

I voluntarily seek classes provided by Capoeira Collective Bay Area and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I agree and acknowledge that I must comply with all set Capoeira Collective Bay Area COVID-19 procedures to reduce the spread while attending my class. I agree to regularly review the Capoeira Collective Bay Area COVID-19 procedures, found below. Procedures will be updated regularly to comply with the latest public health orders for Alameda County.

I attest that:

• I will not attend in-person class if I am experiencing two or more symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.

• I will not attend in-person class if I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.

• I will not attend in-person class if I have been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities.

• I will follow all CDC and local public health recommended guidelines as much as possible and limit my exposure to the Coronavirus/COVID-19.
  
  I hereby release and agree to hold Capoeira Collective Bay Area harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the school, or that may otherwise arise in any way in connection with any services received from Capoeira Collective Bay Area. I understand that this release discharges Capoeira Collective Bay Area organization with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Capoeira Collective Bay Area. This liability waiver and release extends to the school and all officers, teachers, volunteers and employees.
  
  CAPOEIRA COLLECTIVE BAY AREA COVID-19 SOCIAL DISTANCE POLICY AND PROCEDURES (UPDATED JANUARY 10, 2022)
  AT THIS TIME, CAPOEIRA COLLECTIVE BAY AREA WILL RESUME SOME IN-PERSON CLASSES IN INDOOR SPACES.
  STUDENTS AND TEACHERS AGREE TO CHECK THEIR TEMPERATURE PRIOR TO ATTENDING ANY IN-PERSON CLASS. WHERE POSSIBLE, CAPOEIRA COLLECTIVE BAY AREA WILL FACILITATE TEMPERATURE CHECKS AT THE START OF CLASS, BY PROVIDING A THERMOMETER AND RECORD SHEET FOR RECORDING NAMES AND TEMPERATURES. STUDENTS AND TEACHERS WILL NOT ATTEND IN-PERSON CLASS IF THEY HAVE A TEMPERATURE READING OF 100° F OR HIGHER, PRIOR TO CLASS.
  STUDENTS AND TEACHERS AGREE TO CHECK THEMSELVES FOR THE FOLLOWING COVID-19 SYMPTOMS PRIOR TO ATTENDING ANY IN-PERSON CLASS:
  COUGH,
  SHORTNESS OF BREATH OR DIFFICULTY BREATHING,
  FEVER,
  CHILLS,
  REPEATED SHAKING WITH CHILLS,
  MUSCLE PAIN,
  HEADACHE,
  SORE THROAT, OR
  NEW LOSS OF TASTE OR SMELL.
  STUDENTS AND TEACHERS AGREE THAT THEY WILL NOT ATTEND IN PERSON CLASSES IF THEY ARE EXPERIENCING (OR HAVE EXPERIENCED WITHIN THE PAST 4 DAYS) TWO OR MORE OF THE SYMPTOMS LISTED ABOVE. INDIVIDUALS WITH SYMPTOMS BELIEVED TO BE DUE TO ALLERGIES, CHRONIC CONDITIONS, OR, IN THE CASE OF MUSCLE PAIN, TRAINING OR INJURY, MAY STILL ATTEND IN-PERSON CLASSES.
  STUDENTS AND TEACHERS AGREE TO FOLLOW SOCIAL DISTANCING AT ALL TIMES DURING, AS WELL AS BEFORE AND AFTER, IN PERSON CLASS BY TAKING THE FOLLOWING PREVENTATIVE MEASURES:
  MAINTAINING APPROPRIATE SOCIAL DISTANCE WHEN POSSIBLE BETWEEN INDIVIDUALS FROM DIFFERENT HOUSEHOLDS,
  WASHING HANDS OR USING HAND SANITIZER BEFORE, DURING AND AFTER CLASS, AND
  FOLLOWING THE CURRENT MASKING REQUIREMENTS AND COVID PREVENTION GUIDELINES OF OUR LOCAL PUBLIC HEALTH DEPARTMENT, AND OF OUR TRAINING FACILITY.
  STUDENTS AND TEACHERS AGREE TO BRING THEIR OWN HAND SANITIZER AND MASKS OR FACE COVERINGS TO CLASS.
  STUDENTS AND TEACHERS AGREE TO FOLLOW ALL COVID-19 GUIDELINES ISSUED BY THE CDC, AND LOCAL AND STATE GOVERNMENT AND PUBLIC HEALTH ENTITIES.