WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY AGREEMENT
THIS WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY AGREEMENT (“Waiver”) is entered into by selection of checkbox agreement and signature on online payment form.
The outbreak of a novel coronavirus, SARS-CoV-2, which causes the disease known as COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person through respiratory droplets produced when an infected person coughs or sneezes. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Let Me Plan It LLC cannot guarantee that you or your guests will not become in contact with SARS-CoV-2 during your travels and contract COVID-19 as a result.
BY AGREEING WITH LET ME PLAN IT LLC COVID-19 TERMS AND CONDITIONS, I HEREBY ASSUME ALL OF THE RISKS ASSOCIATED WITH COVID-19, INCLUDING WITHOUT LIMITATION, RELATED EXPOSURE, CONTAMINATION, AND INFECTION IN CONNECTION WITH ANY/ALL TRAVEL BOOKED WITH LET ME PLAN IT LLC AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE FOLLOWING ENTITIES AND PERSONS FROM ALL CLAIMS OF LIABILITY ARISING OUT OF OR RELATED TO COVID-19 IN CONSIDERATION WITH TRAVEL BOOKED BY LET ME PLAN IT LLC: THE TRAVEL AGENCY AND ANY OF ITS AGENTS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, VENDORS, REPRESENTATIVES, OR AFFILIATED PERSONS OR ENTITIES (HEREINAFTER THE “RELEASED PERSONS”). PARTICIPANT HEREBY REQUESTS LET ME PLAN IT LLC TO PROVIDE PARTICIPANT WITH TRAVEL RELATED SERVICES REGARDLESS OF THE INHERENT RISK OF CONTRACTING COVID-19 WHILE TRAVELING.
Risks: Participant understands and acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk associated with travel services booked by Let Me Plan It LLC. Participant acknowledges and understands that the inherent, foreseeable and unforeseeable dangers and risks of contracting COVID-19 exist during the Participant’s travel and that this danger and risk may be caused by (a) the action or inaction of one or more of the Released Persons, other observers or participants, or other natural conditions, (b) a failure to maintain, inspect, supervise, control or warn of dangerous conditions by one or more of the Released Persons, (c) accident, (d) forces of nature, or (e) other causes. Participant acknowledges and understands that those at higher risk for severe illness (i.e., 65 years old or older or underlying medical conditions) should refrain from travel. Participant voluntarily assumes this risk.
Rules for Use: Participant hereby acknowledges that pursuant to the applicable Declaration of Covenants, Conditions and Restrictions (the “Declaration”), Let Me Plan It LLC may adopt and amend rules that restrict and govern the use of its travel related services. Participant hereby acknowledges that it is Participant’s responsibility to read and understand all newly adopted rules prior to booking travel. Participant agrees to refrain from traveling if they are experiencing a fever or other COVID-19 symptoms.
Assumption of the Risk: Participant, for myself and on behalf of my child(ren), spouse, legal guardian, personal representative, heirs, executors, assigns and/or next of kin (collectively, the “Bound Parties”), do hereby waive, release, relinquish, discharge and covenant not to sue and indemnify and hold harmless the Released Persons, from any and all damage, claims for liability and cause(s) of action, suits, procedures, costs and expenses, including attorney’s fees of any kind, including, but not limited to, personal injury, property damage or wrongful death occurring to Participant or any guest of Participant, which may be incurred, now or in the future, arising out of or relating to any of the Bound Parties contracting COVID-19 or being infected by SARS-CoV-2 at or by use of Let Me Plan It LLC travel services, whenever or however such contraction or infection occurs.
Certification of Consent: I, THE UNDERSIGNED PARTICIPANT, CERTIFY THAT I HAVE READ THIS WAIVER AND I FULLY UNDERSTAND IT AND ITS CONTENTS. I AM AWARE THAT THIS IS A CONTRACT FOR A FULL RELEASE OF LEGAL LIABILITY AND I SIGN IT OF MY OWN FREE WILL. Participant acknowledges that he/she is agreeing to this document on behalf of the Bound Parties and agrees to be specifically bound to all of the terms and conditions herein. The Bound Parties hereby understand that this Waiver is intended to be as broad and inclusive as permitted by Illinois/New York law. If the law of any controlling jurisdiction renders any portion of this Waiver unenforceable, the remainder of this Waiver shall nevertheless remain enforceable to the full extent allowed by controlling law.