5th Annual Fall Forum
Fall Forum 2021 Registration
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF THE RISK, CONSENT, AND INDEMNITY AGREEMENT – COVID-19 (“AGREEMENT”) In consideration of being allowed to voluntarily participate in the South Dakota Trust Association’s Fall Forum (hereinafter “Fall Forum”), and related events and activities, I, the undersigned, hereby acknowledge and agree to the following:
- I recognize that COVID-19 is primarily spread from person-to-person and can even be spread by people who are not showing symptoms. I further recognize that COVID-19 may be spread by coming into contact with surfaces or objects that have the virus on it. I recognize and voluntarily accept that the Fall Forum that I am agreeing to participate in may bring me into contact with persons or objects carrying the virus and that through such contact, I may become infected or infect others with COVID-19. I have been fully informed that participating in the Fall Forum could INCREASE my risk of contracting COVID-19 and the potential to pass the virus along to others.
- I hereby forever release, discharge and acquit the South Dakota Trust Association and its officers, agents, employees, volunteers, successors, and assigns (hereinafter “Released Parties”) from any and all claims, including, but not limited to, claims for illness, death, personal injury or damage to property of any nature which may arise from or in connection with any exposure or potential exposure to COVID-19 as part of the Fall Forum. I release the Released Parties from responsibility for any such injury or damage, including death, which may result before, during or subsequent to the above-described activity. I agree and covenant not to sue Released Parties for any such injury or damage, including death, which may be caused by exposure or potential exposure to COVID-19 while participating in the Fall Forum.
- I agree and bind myself and my heirs, estate, executors, family, and assigns that I will indemnify and hold harmless the Released Parties from any and all loss, including , but not limited to, damage or injury, pain, suffering, illness, or loss, including death, that may occur as a result of participating in the Fall Forum including any claims brought by third-parties who may have become exposed to COVID-19 by my person, or any objects or surfaces I may have come into contact with, as a result of my participation in the Fall Forum.
- I do hereby assume and accept all risk and liability for any losses, damages, expenses, personal and bodily injuries (including death), which may be suffered or sustained while participating in the Fall Forum as a result of exposure or potential exposure to COVID-19. Furthermore, I recognize that if I require medical assistance as a result of any exposure to COVID-19, I agree to pay any and all costs incurred or occurring as a result of medical testing, injury or illness suffered due to such exposure. I understand neither the Released Parties, nor its insurer, provides me any medical or other coverage for injury or loss resulting from COVID-19.
- I agree to abide by all safety guidelines explained to me by any Released Parties or required by local or state guidelines, which may include social distancing. Furthermore, I agree to use the personal protective equipment (PPE) required by the Released Parties and/or local or state guidelines and to follow all safety and sanitation protocols prescribed by them. I understand that I may be required to provide my own PPE and I agree to use PPE equipment in the manner approved by the Released Parties.
- I agree to attend the Fall Forum online, and not in-person, if I have tested positive for COVID-19 or have had contact with a known case of COVID-19 within the 14 days prior to the start of the Fall Forum. I further agree to attend the Fall Forum online, and not in-person, if I have a fever, cough, or other symptoms of COVID-19.
- I further agree that if I bring suit against the Released Parties for any claim released, or any risk or liability assumed, by me, under this Agreement, that I will be held responsible for attorney’s fees and any costs incurred by the Released Party in defending such action.
- I expressly agree I have carefully read this Agreement and understand its effects. This is a binding legal document, an enforceable contract and not a mere recital. It is the intent of the parties that if any part of this Agreement is held invalid, then the remainder of its provisions will remain enforceable to the fullest extent allowable by law.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF THE RISK, CONSENT, AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Presented by the South Dakota Trust Association