Waiver of Liability and Waiver Relating to COVID-19
Summary
The waiver below informs guests of potential risks involved with a walking tour, allows guests to choose to incur risks voluntarily, secures an agreement from guests to hold the tour company harmless, and seeks permission from guests to be photographed, videotaped, and/or audio taped for marketing purposes.
Additionally, the waiver explains that Chicago Movie Tours cannot assume liability in the event that a guest contracts COVID-19 while on a walking tour.
If you feel ill or suspect you may be experiencing symptoms of a COVID-19 infection, please do not attend any tours. We will be happy to refund your reservation or welcome you to join us again at a later date.
General Waiver of Liability, Assumption of Risk, Indemnity Agreement, and Media Release
OVERVIEW
This waiver informs guests of potential risks involved with a walking tour, allows guests to choose to incur risks voluntarily, secures an agreement from guests to hold the tour company harmless, and seeks permission from guests to be photographed, videotaped, and/or audio taped.
WAIVER OF LIABILITY
In consideration of being permitted to participate in any way in Chicago Movie Tours’ walking tour (hereinafter called the “Tour”), I, for myself, my heirs, personal representatives and assigns, do hereby release, waive, discharge, and covenant not to sue Chicago Movie Tours & Talks LLC (hereafter called the “Company”), its guides, employees, and agents from liability from any and all claims, including the negligence of the Company, its guides, employees, and agents, resulting in personal injury, accidents or illnesses (including death), property loss, and damages arising from, but not limited to, participation in the Tour.
ASSUMPTION OF RISKS
Participation in the Tour carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from (1) minor injuries such as scratches, bruises, and sprains (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions to (3) insect bites, parasites, and other diseases, to (4) catastrophic injuries including paralysis and death. Other risks include slips, falls, weather, and other hazards associated with an outdoor venue with grounds managed and maintained by others. I have read the statements above, and I know, understand, and appreciate these and other risks that are inherent in the Tour. 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, DEFEND, AND HOLD the Company and its guides, employees, and agents 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 the Tour 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 Illinois and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
MEDIA RELEASE
I hereby give permission to be photographed, videotaped, and/or audio taped during the Tour. I further give permission for such photographs, videotapes, and audiotapes to be used in print or broadcast media as deemed appropriate for promotion of this or other Company activities and for publicity surrounding participation in Company events.
ACKNOWLEDGMENT OF UNDERSTANDING
I have read this waiver of liability, assumption of risk, indemnity agreement, and media release, 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 digital signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Waiver of Liability Relating to Coronavirus/COVID-19
OVERVIEW
This waiver relates specifically to COVID-19 for guests who utilize a business’s services. In short, the agreement explains there is no way to eliminate all possible risks while attending a walking tour and, therefore, Chicago Movie Tours cannot assume liability in the unlikely event you contract COVID-19.
If you feel ill or suspect you may be experiencing symptoms of a COVID-19 infection, please do not attend any tours. We will be happy to refund your reservation or welcome you to join us again at a later date.
TERMS
COVID-19 is reported to be extremely contagious and is believed to spread from person-to-person contact. As a result, federal, state and local governments have, depending on circumstances, recommended physical distancing, limiting group sizes in some locations, and/or wearing face coverings. Chicago Movie Tours & Talks LLC (hereafter called the “Company”) has put in place preventative measures to reduce the spread of COVID-19, as outlined by public health officials for the State of Illinois and the City of Chicago. However, Company cannot cannot prevent you or your party from becoming exposed to, contracting, or spreading COVID-19 while utilizing Company’s services. Therefore, if you choose to utilize Company’s services, you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK
I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk that I or my party may be exposed to or infected by COVID-19 in order to utilize Company’s services.
WAIVER OF LAWSUIT/LIABILITY
I hereby forever release and waive my right to bring suit against Company and its guides, owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Company’s services. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen. I understand and agree that the law of the State of Illinois will apply to this contract.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.