CERTIFICATION, ASSUMPTION OF RISK AND RELEASE OF LIABILITY
RELATING TO COVID-19
We are excited to be able to host Active Minds National Conference 2022 “Turn It Up: Amplifying Mental Health in Our Culture” at the Capital Hilton Hotel in D.C. on February 11-12, 2022 (referred to herein as “National Conference”). Our top priority is the health and safety of our attendees. For this reason, Active Minds will be following COVID-19 protocols set forth by the federal government (including the U.S. Centers for Disease Control and Prevention), Washington, D.C. government officials, and the Capital Hilton Hotel. We ask for your help in making National Conference an enjoyable and safe environment for all of us by complying with all required COVID-19 protocols and that you sign this document in order to attend.
A. COVID-19 Protocols for National Conference
As a condition of attending Conference, Active Minds will require all attendees to show proof during the check-in process that they have been fully vaccinated against COVID-19 or provide proof of a negative result from a polymerase chain reaction (PCR) COVID-19 test taken within 72 hours of the Conference (this option is dependent on COVID regulations in the District of Columbia as of February 10, 2022). For purposes of this requirement, as per the definition issued by the CDC, “fully vaccinated” means that it has been at least two (2) weeks since a person received the second dose of a two-dose COVID-19 vaccine (i.e., the Pfizer or Moderna vaccine) or two (2) weeks since receiving a single dose of a one-dose vaccine (i.e., the Johnson & Johnson vaccine).
If you are experiencing symptoms associated with COVID-19 (such as fever or chills, a cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea) in the 14 days prior to the National Conference or if you have been in contact with or exposed to anyone with a confirmed or suspected case of COVID-19 in the 14 days prior to National Conference we ask that you please stay home. We also ask that you stay home if you have traveled internationally in the 14 days prior to National Conference to an area that is subject to a CDC Level 4 Travel Notice (Very High COVID-19 Risk) or a Level 3 Travel Notice (High COVID-19 Risk). Please note that the Capital Hilton Hotel currently requires everyone to wear a face covering in all public areas of the Hotel.
COVID-19 guidelines and protocols are continually evolving so Active Minds will continue to provide updates on applicable COVID-19 protocols and requirements for National Conference.
B. Assumption of Risk
COVID-19 is highly contagious and can cause serious and life-threatening illness and even death. As the CDC acknowledges, fully vaccinated people can still become infected with COVID-19 and also have the potential to spread the COVID-19 virus to others. The totality of the potential health consequences of contracting COVID-19 are also presently unknown. COVID-19 testing is also imperfect. That is, testing systems can provide a false negative (meaning that one tests negative while actually being infected with COVID-19) and it is also possible that a person can be an asymptomatic carrier of COVID-19. National Conference attendees may also encounter Capital Hilton Hotel guests or others in public areas of the Hotel who are not vaccinated against COVID-19 or who may be infected with COVID-19.
Although Active Minds will continue to follow applicable protocols to mitigate attendees’ potential exposure to COVID-19 at the National Conference, despite our best efforts, your risk of being exposed to and contracting COVID-19 could increase by attending National Conference.
I acknowledge and agree that in consideration for Active Minds allowing me to attend and participate in National Conference, which is of great value and benefit to me, I knowingly and voluntarily accept and assume all risks relating to COVID-19, including, but not limited to, the risk of my being exposed to and my contracting COVID-19. Thus, I acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 while attending National Conference, and that such exposure or infection could result in personal injury, serious illness, permanent disability, and death. I also acknowledge that the risk of my being exposed to or infected by COVID-19 at National Conference may result from the actions, omissions or negligence of myself, Active Minds or others involved with National Conference. By attending National Conference, I voluntarily assume all risks related to exposure to COVID-19 and I accept sole responsibility for any and all injury to me (including, but not limited to, personal injury, disability, illness and death), damage, loss, liability or expense of any kind that I may suffer or incur in connection with my attendance at National Conference that relates to COVID-19.
C. Release and Waiver
In consideration for Active Minds allowing me to attend and participate in National Conference, which is of great value and benefit to me, I, for myself and on behalf of my heirs, legal representatives, executors, administrators, estate, and assigns, hereby forever release, waive, covenant not to sue and discharge Active Minds, its officers, directors, employees, agents, volunteers, affiliates, vendors, successors and assigns (collectively referred to herein as the “Released Parties”), to the fullest extent permitted by law, from any and all liability, claims, demands, damages, actions, expenses, and losses whatsoever of any kind relating to COVID-19 (including the risk of my being exposed to or my contracting COVID-19) in connection with my attendance at National Conference, including, but not limited to, any and all claims and liability for personal injuries, illness, disability, and death. This provision includes releasing claims based on the actions, omissions or negligence of the Released Parties but this release shall not apply to any injury or loss I suffer that is the result of the gross negligence, recklessness or willful misconduct of the Released Parties.
This Certification, Assumption of Risk and Release of Liability Relating to COVID-19 shall be governed by the laws of the District of Columbia without regard to its choice-of-law principles. If any part of this document is found to be illegal or otherwise unenforceable that part shall be severed from this document and the remaining provisions shall remain in full force and effect.