In consideration of the opportunity to participate in the services offered by Gallagher's Music, LLC (hereinafter ‘GM’), the participation of which requires me to accept this agreement, I hereby agree to the following Waiver and Release of Liability (Agreement):
1. General Waiver and Release of Liability: My participation in any and all services offered and provided by GM is voluntary and subjects me to the possibility of physical injury (which could be minimal, serious, and/or result in death) and loss of, or damage to, my property (collectively, Risks). Accordingly, I agree to the following:
a. I hereby release and hold harmless GM, its officers, directors, employees, agents, volunteers, and contractors (collectively, Releasees) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from these Risks (Claims), including those caused by the negligent acts or omissions of any or all of the Releasees.
b. I recognize the potential risks involved in the participation of services offered by GM and attest and certify that I am physically fit to so participate, and that I have not been advised otherwise by a health care professional.
c. As between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, illness and/or property loss, as well as costs related to any injury, illness and/or property loss, that I may sustain as a result of my participation in services rendered by GM, including those sustained on the premises where GM is located.
d. I understand that this release discharges GM from any liability or claim that I, my heirs, or any personal representatives may have against the GM with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services rendered and/or received from GM.
d. This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a Claim on my behalf or on behalf of my estate.
f. This liability waiver and release extends to the GM, together with all of its owners, partners, employees and/or contractors.
2. COVID-19 Waiver and Release of Liability; Special Considerations:
a. 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.
b. I further acknowledge that GM has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
c. I further acknowledge that GM cannot guarantee that I will not become infected with the Coronavirus/Covid-19 and I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, negligence or conduct of myself and others, including, but not limited to, staff, other clients/participants and their families.
d. I hereby attest that I voluntarily, and under my own volition, seek services provided by GM and acknowledge that I may be increasing my risk to the exposure of the Coronavirus/COVID-19.
e. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.
3. General Provisions:
a. I hereby expressly agree that (1) this Agreement shall be governed and construed according to the laws of the state of Michigan without regard to its conflict of laws provisions and (2) any action or proceeding concerning any Claim, or the meaning or effect of any provision of the Agreement, shall be conducted only in the federal or state courts located within a proper jurisdiction in the state of Michigan, and that for such purposes, I expressly submit to the jurisdiction of such courts.
b. This Agreement contains the entire understanding between and among the parties concerning these matters. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by the party to be charged.
c. I hereby expressly agree that if any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect.
I warrant that I have read and understand that this Agreement involves my waiver and release of significant rights and my assumption of significant indemnification responsibilities in participating in services offered and provided by GM.