COVID-19 ASSUMPTION OF RISK AND WAIVER
In consideration of Christ’s Greenfield Lutheran Church, an Arizona nonprofit corporation (the “Church”), allowing Undersigned and certain minor children of Undersigned listed below (collectively, Undersigned and Undersigned’s minor children referred to as “Undersigned’s Family”) to physically attend worship and prayers services at the Church (“Attend Worship”), Undersigned agrees to the terms of this COVID-19 Assumption of Risk and Waiver (“Assumption and Waiver”) on behalf of Undersigned’s Family; Undersigned’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 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”);
b. Undersigned’s Family members do not have any Symptoms and will not permit Undersigned’s Family to Attend Worship if any member of Undersigned’s Family develop any Symptoms or any other symptoms of illness;
c. Undersigned will notify the Church and cause Undersigned’s Family to not Attend Worship if a member of Undersigned’s Family tests positive for COVID-19; and
d. Undersigned’s Family will follow all COVID-19 policies adopted by the Church.
2. Voluntary Agreement to Limit Claims for Losses. The word "Losses" means liabilities, judgments, settlements, awards, costs, expenses, claims, or damages arising from or related to any damage, injury, trauma, illness, loss, or death that may occur to Undersigned’s Family as a result of the COVID-19 pandemic. To induce the Church to agree to permit Undersigned’s Family to Attend Worship, Undersigned freely and voluntarily agrees, if Undersigned’s Family is injured and brings an action(s) or claim(s) to recover Losses from the Church, they will first seek to recover from their own insurance company(s); will then seek to recover from the Church’s insurance company, but only to the extent of applicable limits; will NOT seek to recover any remaining Losses from the Church and its affiliates; and will indemnify, protect, defend, and hold the Church and its affiliates harmless for, from, and against all remaining Losses and Undersigned’s breach of this Assumption and Waiver.
3. Assumption of Known Risks. To induce Church to agree to permit Undersigned’s Family to Attend Worship, Undersigned on behalf of Undersigned’s Family (i) acknowledges Undersigned has considered and made an inquiry and investigation into the Risks; (ii) have objectives that justify the Risks; and (iii) KNOWINGLY AND VOLUNTARILY assume the risks (the “Risks”) arising from or relating to Undersigned’s Family contracting COVID-19 while at Church notwithstanding any precautions taken by Church whether contracted from Church staff, parishioners, or otherwise.
4. Warranties, Representations, and Promises. The Undersigned hereby warrants, promises, represents and certifies that:
a. Undersigned has authority to execute this Assumption and Waiver on behalf of Undersigned’s Family;
b. Undersigned’s Family members are listed below;
c. Undersigned acknowledges the extremely contagious nature of COVID-19;
d. Undersigned acknowledges that Church cannot absolutely control the conduct of its parishioners, guarantee that its parishioners will follow safety protocols and procedures, or prevent infected parishioners from attending worship and potentially spreading COVID-19 to other parishioners;
e. Undersigned acknowledges that his or her decision to Attend Worship increases Undersigned’s Family’s risk of contracting COVID-19;
f. Undersigned acknowledges that his or her decision to Attend Worship with Undersigned’s Family is wholly voluntary; and
g. Undersigned executed this Assumption and Waiver without any inducement, duress, or coercion.
5. Mandatory Mediation and Arbitration. The 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 agrees 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.
6. Miscellaneous Provisions. 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.
Please enter the names of Undersigned’s Family below. By pressing “submit” Undersigned confirms it understands this Assumption and Waiver and agrees to be bound by it.