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DUTCH HERITAGE GARDENS, INC.


Waiver of Liability Relating to (1) Coronavirus/COVID-19, and
 (2) Access to Premises Generally

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.

The individual named below (referred to as "I" or "me") desires to enter the premises of Dutch Heritage Gardens, Inc, a Colorado corporation (the "Company") located at 11901 E. Palmer Divide Ave, Larkspur, CO 80118 (the "Premises") to engage in activities including but not limited to visitation, tours, and transacting business (the "Activities"). I agree to all the terms and conditions set forth in this waiver (this "Waiver"). 

COVID-19 LIABILITY WAIVER

I am aware of the highly contagious nature of COVID-19 and other bacterial and viral diseases and the risk that I may be exposed to or contract COVID-19 by being on the Premises and engaging in the Activities. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, and/or other damages or losses. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including Company employees. I understand that the Company cannot prevent me from becoming exposed to, contracting, or spreading COVID-19 while engaging in the Activities on the Premises. It is not possible to prevent against the presence of the COVID-19. Furthermore, I understand that the Company cannot guarantee that I will not become infected with COVID-19 or other infectious diseases while on the Premises and that being on the Premises may increase my risk of contracting COVID-19.

 

I will comply with all such federal, state, and local orders, directives, and guidelines while on the Premises, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings. I will also follow all instructions of the Company while on the Premises. I agree not to enter the Premises if I am experiencing symptoms of COVID-19 (such as cough, shortness of breath, fever, etc.), have a confirmed or suspected case of COVID-19, or have come in contact in the last 14 days with a person who has been confirmed to have or suspected of having COVID-19.

 

PREMISES LIABILITY WAIVER

 

I am also aware and understand that accessing the Premises and participating in the Activities may involve the risk of serious injury, disability, death, and/or property damage generally (and unrelated to COVID-19). Notwithstanding the risk, I acknowledge that I am voluntarily accessing the Premises and participating in the Activities with knowledge of the danger involved and hereby agree to accept and assume all risks of injury, disability, death, and/or property damage arising therefrom, whether caused by the ordinary negligence of the owner, employees or representatives of the Company, or otherwise.

 

I agree that I will follow all instructions of any onsite property manager or other representative or agent of the Company while on the Premises.

 

ASSUMPTION OF RISK: I HAVE READ AND UNDERSTOOD THE ABOVE WARNINGS CONCERNING COVID-19 AND RISKS OF ENTERING THE PREMISES GENERALLY. NOTWITHSTANDING THE RISKS ASSOCIATED WITH EITHER OF THOSE, I ACKNOWLEDGE THAT I AM VOLUNTARILY ENTERING THE PREMISES TO ENGAGE IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE RELATED TO COVID-19 AND OTHERWISE, ARISING FROM MY BEING ON THE PREMISES OR ENGAGING IN THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR ITS EMPLOYEES OR REPRESENATIVES, OR OTHERWISE.

 

WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit and any and all claims now or hereafter known against the Company and its owners, officers, directors, managers, officials, trustees, affiliates, agents, employees, contractors, shareholders, successors and assigns, or other representatives on account of injury, illness, disability, death, or property damage arising out of or attributable to my being on the Premises or engaging in the Activities, including, but not limited to, any of the foregoing I may incur as a result of being exposed to or contracting COVID-19, or as a result of being on the Premises generally, whether arising out of the negligence of the Company or any of its employees or representatives, or otherwise.

 

GENERAL: I understand and agree that the law of the State of Colorado will apply to this contract. If any term or provision of this Waiver is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Waiver or invalidate or render unenforceable such term or provision in any other jurisdiction. This Waiver constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein.  In the event of any lawsuit in violation of the terms of this Waiver, I agree to pay and reimburse the Company and its owners for all reasonable attorneys’ fees and court costs incurred by them in their enforcement of the terms of this Waiver. 

 

I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS WAIVER, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE:

First Participant's Name

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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
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Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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