Do you agree to the following?
1) I do not have any Symptoms of Covid-19 which may include but are not limited to:
dry cough, fever, headache, body pain, difficulty breathing, unusual or atypical fatigue/tiredness, new loss of sense of smell and/or taste.
2) I have not been ill or have been in contact with someone who has been ill or exposed to illness within the last 14 days.
3) I understand that my temperature may need to be taken prior to entry and that my service may need to be rescheduled if my temperature is 100 degrees or over.
I agree to the following:
RELEASE OF LIABILITY AND AGREEMENT NOT TO SUE, INDEMNIFICATION, HOLD HARMLESS, LIMITATION OF WARRANTY
We all know that these are uncertain times. The risks of COVID-19 are not well understood and there is controversy among the experts on how the virus can spread and difficulty in scientifically determining whether anyone has the virus at any moment in time.
We all know that the Centers for Disease Control and Prevention has recommended that all businesses like ours remain closed. On the other hand, our Governor Henry McMaster has assessed the risk and he feels that opening spas is safe at this time. Organic Tan Face and Body is not an expert in the risk analysis of COVID-19. We are willing to open and provide spa services to you if you are willing to accept the risks of contracting COVID-19.
In consideration for providing spa services, by signing below you agree to accept all responsibility for the risk that you may contract COVID-19. While we are taking your safety and that of our staff very serious, by employing new safety and sanitation initiatives, we cannot guarantee that any of these measures will completely protect you from contracting COVID-19.
NOW THEREFORE, in consideration for providing spa services, I agree that should I contract COVID-19, I agree to indemnify and hold Organic Tan Face and Body, its officers, agents, servants, employees, and landowners and their successors and assigns harmless from any and all claims for damages should I contract COVID-19 from my receiving a spa service at Organic Tan Face and Body.
I further agree that I will not file, nor cause to be filed, nor participate in any lawsuit against Organic Tan Face and Body, its agents, servants, employees and any other person who may be in any way connected with spa services at Organic Tan Face and Body, including but not limited to owners of Organic Tan Face and Body, the staff with whom I am receiving services, their employees and agents for injuries and/or death as a result of contracting COVID-19.
I agree that if I take any steps to make a claim for damages against Organic Tan Face and Body, its agents, employees, or any other released parties arising out of my receipt of spa services during my visit to Organic Tan Face and Body’s facilities, I shall be obligated to pay all attorneys’ fees and costs incurred as a result of such claim.
I acknowledge that I can go elsewhere to have my spa services, and I acknowledge that Organic Tan Face and Body is not the only spa where I can get my services. By signing this Agreement, I acknowledge that I am free to go to other spas who may not require my agreement to accept responsibility for contracting COVID-19 and I chose to have spa services.
In addition, I agree that if any dispute or claim relating in any way to the services provided by Organic Tan Face and Body pursuant to the terms of this agreement will be resolved by binding, individual arbitration, rather than in court. I agree that arbitration shall be governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects.
Today's Date: July 4, 2020