RELEASE AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19
The Coronavirus is a worldwide pandemic as declared by the World Health Organization. According to the Mexico Ministry of Health and related health authorities (“MMH”), COVID-19—the disease caused by Coronavirus—is contagious.
Control Risks México, S.A. de C.V., (“Control Risks”) is following published safety protocols and guidance from the MMH and we have put in place preventative measures to reduce the spread and minimize the risk of exposure to COVID-19 in compliance with applicable laws and guidelines. Despite these efforts, Control Risks cannot guarantee or prevent you from becoming exposed to, contracting, or spreading COVID-19 while traveling to or from or being present at the kidnap incident management workshop (“the Workshop”). By participating in the Workshop, you may expose yourself to and increase your risk of contracting COVID-19.
In consideration for your attendance at the Workshop, you agree:
I am personally responsible for my own safety and actions while attending the Workshop;
b) I will comply with the safety policies communicated by Control Risks during my attendance at the Workshop, including, but not limited to instructions:
- not to enter the Workshop if I have symptoms of COVID-19 or have been in close contact with a person diagnosed with COVID-19, tested positive for COVID-19, or who is showing symptoms of COVID-19;
- not to enter the Workshop if I have traveled internationally within the last 14 days and have not received a negative COVID-19 test after my return and prior to the commencement of the Workshop;
- to wear a COVID appropriate face mask while attending the Workshop, except while eating or drinking;
- to maintain at least 1.5 meters of distance between myself and others; and
- to follow MMH guidance for good hygiene, including washing my hands frequently.
ASSUMPTION OF RISK AND WAIVER OF LIABILITY
I have read and understood the above warnings about the risks of contracting COVID-19 and the consequences if I do. With full awareness and appreciation of the risks, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release and waive my right to sue or initiate or assist in prosecution of any claim of any kind, including but not limited to claims for damages or cause of action against Control Risks and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to my attendance at the Workshop. I understand that this waiver means I give up my right to bring any claims including claims for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence, and I give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen. I further agree to release and hold Control Risks harmless from any such claims or damages relating to my attendance at the Workshop. I agree the provisions herein are reasonable and enforceable.
If any provision or portion of this Release and Waiver of Liability agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. Any provision of this Release and Waiver of Liability agreement providing for the performance by either party shall survive any termination and remain effective and enforceable.
This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the law of Mexico, without giving effect to the principles of conflicts of law of such Country. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in Mexico City, Mexico.
This is the entire Agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
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. 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.