Waiver of Liability and Hold Harmless Agreement
In consideration for receiving “In-Person” Services through Blukastor Platform (hereinafter the “Service or Services”), I, on behalf of myself and any dependent for whom I have the capacity to contract, hereby attest, acknowledge and agree to the following:
- I understand the hazards of the novel coronavirus (“COVID-19”) and I am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
- Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in services though Blukastor Platform.
- 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 Blukastor LLC has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19, including contactless services to connect clients with its Providers virtually to reduce my exposure to the Coronavirus/COVID-19. I acknowledge I have the option to receive/provide virtual services or virtual guide for self-service through Blukastor Platform to reduce the spread of the Coronavirus/COVID-19.
- I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from requesting an “In-Person” service and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any dependent form whom I have the capacity to contract) Blukastor Platform, Blukastor LLC, their owners, officers, directors, agents, employees and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result of my using of the blukastor platform and providing or receiving “In-Person” Services.
- I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury.
- I further acknowledge that Blukastor LLC can not 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 my Provider/Client, other providers/clients and their families.
- I voluntarily seek/provide “In-Person” services through Blukastor Platform and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19.
- I acknowledge that I must comply with all set procedures in compliance with CDC guidance, to reduce the spread while receiving/providing my “In-Person” Service.
I attest that:
- I am not experiencing any symptom 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 have not traveled internationally within the last 14 days.
- I have not traveled to a highly impacted area within the United States of America in the last 14 days.
- I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
- I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
- I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold Blukastor LLC 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 provider, or that may otherwise arise in any way in connection with any services received through Blukastor Platform. I understand that this release discharges Blukastor LLC from any liability or claim that I, my heirs, or any personal representatives may have against the Blukastor provider and Blukastor Platform with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received through Blukastor Platform. This liability waiver and release extends to the Blukastor Platform together with all owners, partners, providers, clients and employees.
IN SIGNING THIS AGREEMENT OR JUST BY USING BLUKASTOR PLATFORM, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it, sign it and accept it by using Blukastor Platform voluntarily as my own free act and deed; 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 Agreement for full, adequate and complete consideration fully intending to be bound by same.