COVID-19 ASSUMPTION OF RISK AND WAIVER

In consideration of Christ’s Greenfield Lutheran Church, an Arizona nonprofit corporation (the “Church”), allowing the undersigned (“Undersigned”) or Undersigned’s child(ren) (“Participant”) to physically attend Marriage Night Out Event 2020 (Attend the Event), Undersigned agrees to the terms of this COVID-19 Assumption of Risk and Waiver (“Assumption and Waiver”) on behalf of Undersigned or Participant (as the case may be) and Undersigned or Participant’s marital community (if any) heirs and next of kin, legal and personal representatives, executors, administrators, and successors and assigns.

1. Health Condition.  Undersigned hereby agrees, warrants, and represents that:

a. Undersigned acknowledges the extremely contagious and potentially deadly nature of COVID-19;
b. Undersigned acknowledges Undersigned’s or Participant’s Attending the Event substantially increases Undersigned’s or Participant’s and Undersigned’s household’s risk of contracting COVID-19;
c. Undersigned understands the symptoms of COVID-19 include, but are not limited to, fever (a temperature of 100.4 degrees Fahrenheit or higher) or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea, vomiting, and diarrhea (“Symptoms”);
d. Undersigned certifies that neither Undersigned or Participant nor any other member of Undersigned’s household have any Symptoms and Undersigned will not Attend the Event or permit Participant to Attend the Event if Undersigned or Participant or any other member of Undersigned’s household develops any Symptoms or any other symptoms of illness;
e. Undersigned will notify the Church and not permit Undersigned or Participant to Attend the Event if Undersigned or Participant or any member of Undersigned’s household tests positive for COVID-19; and
f. Undersigned and Participant will follow all COVID-19 policies adopted by the Church.

2. Assumption of Known Risks.  To induce Church to agree to permit Undersigned or Participant to Attend the Event, Undersigned on behalf of Undersigned or Participant and members of Undersigned’s household (i) acknowledges Undersigned has considered and made an inquiry and investigation into the risks of damage, injury, trauma, illness, loss, or death (the “Risks”) arising from or relating to Undersigned or Participant contracting COVID-19 while physically attending the Event (“Attending the Event”) whether contracted from Church staff, parishioners, or otherwise; (ii) have objectives that justify the Risks; and (iii) KNOWINGLY AND VOLUNTARILY assume the Risks.

3. Voluntary Agreement to Waive Claims.  To induce the Church to agree to permit Undersigned or Participant to Attend the Event, Undersigned hereby freely and voluntarily agrees to waive and discharge, any and all liabilities, judgments, settlements, awards, costs, expenses, claims, and damages against the Church and its employees, agents, representatives, and volunteers arising from or related to any damage, injury, trauma, illness, loss, or death to Undersigned or Participant or Undersigned’s household members due to Undersigned or Participant’s contracting COVID-19 while Attending the Event.  

4. Mandatory Mediation and Arbitration.  Undersigned is a Christian who seeks to live by Christian dispute resolution principles and believes that the Bible commands Christians to make every effort to live at peace and to resolve disputes with other Christians in private or within the Christian church (see Matthew 18:15-20; I Corinthians 6:1-8).  Therefore, Undersigned agree that all claims, controversies, or disputes arising from or relating to this Assumption and Waiver shall be settled by biblically-based mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker Ministries (the complete text of the Rules is available at www.HisPeace.org) applying Arizona law.  Undersigned agrees to participate in not less than four hours of mediation. If Undersigned is unable to resolve its dispute with the Church in mediation, Undersigned may proceed to arbitration. The arbitrator may not award punitive or consequential damages. Undersigned agrees to bear its own attorneys’ fees and costs. The sole and exclusive venue for dispute resolution under this Assumption and Waiver shall be in Phoenix, Arizona.  

5. Miscellaneous Provisions.  If Participant is provided below, Undersigned is the parent or legal guardian of Participant with authority to sign on behalf of Participant.  Undersigned has signed this Assumption and Waiver without any inducement, duress, or coercion. No written, oral representations, statements or inducements have been made apart from this Assumption and Waiver.  If a provision of this Assumption and Waiver is held to be unenforceable, then that provision shall be deemed severable from this Assumption and Waiver and shall not affect the enforceability of any remaining provisions. Each defined term used in this Assumption and Waiver has a comparable meaning when used in its plural or singular form.

If Undersigned is executing this Assumption and Waiver on behalf of Participant, please enter the name of Participant below.  By pressing “submit” Undersigned confirms it understands this Assumption and Waiver and agrees to be bound by it.