I, the PARENT/GUARDIAN of the Student, hereby consent to the Student participating in the Testing described above. I acknowledge and agree that I, on behalf of the Student, assume the risk associated with participation in the Testing.
In consideration of the School allowing the Student the opportunity to participate in the Testing, I, on behalf of the Student and all of the Student's respective guardians, heirs, executors, personal and legal representatives, estates, beneficiaries, administrators, successors and assigns (collectively, "Releasors"), agree that, in the event of any loss and/or damage associated with the School testing for COVID-19, including but not limited to, illness, incapacity, or death, to the Student that may relate to, arise out of, or in any way concern participation in the Testing, the School and/or its employees, agents, officers, directors, trustees, shareholders, managers, staff, volunteers, supervisors, and all of their respective successors and assigns, as well as any person or entity acting by, through, under or in concert with any of the foregoing persons or entities (collectively, "Released Parties") are RELEASED from any and all liability whatsoever that may arise from any loss and/or damage associated with the School's testing for COVID-19, including without limitation, illness, incapacity or death, that may occur and from any responsibility and/or liability for the acts or conduct of the Releasors.
Further, I WILL HOLD HARMLESS AND WILL UNCONDITIONALLY INDEMNIFY THE RELEASED
PARTIES AGAINST ANY AND ALL LIABILITY WHATSOEVER FOR WHICH ANY RELEASED PARTY MAY BECOME LIABLE BY REASON OF ANY LOSS AND/OR DAMAGE ASSOCIATED WITH THE
SCHOOL'S TESTING FOR COVID-19, INCLUDING BUT NOT LIMITED TO, ILLNESS, INCAPACITY, OR DEATH RELATED TO PARTICIPATION IN THE TESTING, WHETHER BROUGHT BY OR AGAINST ANY OF THE RELEASORS, OR BY ANY PERSON HAVING A LEGAL INTEREST IN THE PROPERTY
OR PERSON OF THE RELEASORS. I understand that this release of claims and indemnity APPLIES TO ANY
LOSS AND/OR DAMAGE ASSOCIATED WITH THE SCHOOL'S TESTING FOR COVID-19, INCLUDING BUT NOT LIMITED TO, ILLNESSES, INCAPACITY, OR DEATH, CAUSED EITHER
IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF ANY RELEASED PARTY
OR THIRD PARTIES. THIS ASSUMPTION OF RISK, CONSENT, RELEASE AND INDEMNITY
DOES NOT APPLY TO THE WILLFUL MISCONDUCT OF THE RELEASED PARTIES. THE
RELEASORS HEREBY KNOWINGLY AND VOLUNTARILY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE BENEFITS OF ANY STATUTE, LAW, RULE, OR COMMON LAW WHICH MAY LIMIT THE SCOPE OF THIS ASSUMPTION OF RISK, CONSENT, RELEASE, AND
If any part of this Assumption of Risk, Consent, Release, and Indemnity, or if the whole Assumption of Risk, Consent, Release, and Indemnity is found to be invalid, unenforceable, or void, for any reason, then the Releasors acknowledge and agree that the Released Parties' entire liability to the Releasors shall never, under any circumstances, be more than the lesser of any applicable insurance limits or the charity immunity in Chapter 84 of the Texas Civil Practice and Remedies Code, even if one or more of the Released Parties was negligentor grossly negligent. In addition, the Releasors acknowledge that none of the Released Parties shall ever be liable to any person for special, incidental, consequential, or punitive damages or for any indirect damages such as, but not limited to, exemplary damages or lost earnings, lost revenues or companionship (even if the Released Parties have been advised of the possibility of such damages) whether based upon statute, contract, tort, negligence, strict liability, or otherwise.
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