National Association of REALTORS® - COVID-19 Waiver & Release of Claims
I desire to and willingly participate in the 2023 Leadership Week (Event) hosted by the National Association of REALTORS®, an Illinois not-for-profit corporation (“NAR”) at 430 North Michigan Avenue, Chicago, Illinois 60611. In consideration of being permitted to attend and participate in the Event, and in recognition of NAR’s reliance hereon, I agree to the terms and conditions set forth in this agreement (“Release”).
I am aware that the 2019 novel coronavirus disease (COVID-19) has been declared a worldwide pandemic as declared by the World Health Organization. I am also aware of the highly contagious nature of COVID-19 and its variants, (collectively, “Disease”), and of the risk that I may be exposed to or contract the Disease through my attendance at the Event. I understand that while NAR has implemented measures to reduce the risks associated with the Event and the spread of the Disease, I understand that NAR cannot guarantee that I will not be exposed or become infected with the Disease by attending the Event.
ASSUMPTION OF RISK
NOTWITHSTANDING THE AFOREMENTIONED RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE EVENT WITH KNOWLEDGE OF THE DANGERS INVOLVED AND THAT MY ATTENDANCE INCLUDES THE POSSIBILITY OF EXPOSURE TO AND ILLNESS FROM THE DISEASE. I HEREBY KNOWINGLY AND FREELY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, HARM AND ECONOMIC LOSS ASSOCIATED WITH OR ARISING FROM MY ATTENDANCE AT THE EVENT, WHETHER CAUSED BY THE NEGLIGENCE OR CONDUCT OF NAR OR ANY RELEASEE HEREUNDER.
RELEASE AND WAIVER
I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE NOW KNOWN OR HEREAFTER KNOWN, AGAINST NAR, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES (COLLECTIVELY, “RELEASEES”), EITHER IN LAW OR EQUITY, AND THAT THIS RELEASE IS INTENDED TO BE AS BROAD AND INCLUSIVE TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASEES, INCLUDING BUT NOT LIMITED TO ILLNESS, DISABILITY, DEATH, ECONOMIC LOSS OR OUT OF POCKET EXPENSES OR LOSS OR DAMAGE TO PROPERTY ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN AND ATTENDANCE AT THE EVENT, WHETHER CAUSED BY OR ARISING OUT OF THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND OF NAR OR ANY RELEASEES. I COVENANT NOT TO MAKE OR BRING ANY CLAIM I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVE, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF AGAINST NAR OR ANY RELEASEE, AND FOREVER RELEASE AND DISCHARGE NAR AND ALL RELEASEES FROM LIABILITY FOR SUCH CLAIMS.
MEDICAL ACKNOWLEDGMENT AND RELEASE
I confirm and agree that: a) I will not attend the Event if I am experiencing any symptoms of the Disease, have a confirmed or suspected case of the Disease, or if I am required to quarantine in accordance with CDC or locally-applicable guidelines; b) I will comply with all applicable federal, state, and local laws, orders, guidelines and directives related to the Disease; c) I will comply with all safety protocols imposed by NAR at all times during the Event; d) I will voluntarily submit all required COVID-19 vaccination and testing information, and hereby affirm the accuracy and completeness of such information; d) I will participate in and cooperate with contact tracing efforts by state and local governments and NAR; e) I will immediately cease participation in the Event if I become ill or begin experiencing any symptoms of the Disease; and f) if within seven days after the Event I test positive for the Disease, I will immediately notify NAR’s General Counsel & VP of Legal Affairs & Antitrust Compliance, Lesley Muchow, at lmuchow@nar.realtor.
I HEREBY CONSENT TO RECEIVE ANY MEDICAL TREATMENT DEEMED NECESSARY IF I AM INJURED OR REQUIRE MEDICAL ATTENTION DURING MY PARTICIPATION IN THE EVENT. I UNDERSTAND AND AGREE THAT I AM SOLELY RESPONSIBLE FOR ALL COSTS RELATED TO SUCH MEDICAL TREATMENT AND ANY RELATED MEDICAL TRANSPORTATION AND/OR EVACUATION. I HEREBY RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS NAR AND THE RELEASEES FROM ANY CLAIM BASED ON SUCH TREATMENT OR OTHER MEDICAL SERVICES RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE EVENT.
INDEMNIFICATION
I agree to indemnify and hold harmless NAR and all other Releasees against any and all claims, actions, suits, procedures, costs, expenses, damages, liabilities, and expenses of whatever kind, including attorney fees, brought as a result of my participation in the Event and the Disease.
This Release constitutes the sole and entire agreement of NAR and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of NAR and the Releasees and me. All matters arising out of or relating to this Release will be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Cook County, Illinois and I hereby consent to the exclusive jurisdiction of such courts.
BY ATTENDING AND/OR PARTICIPATING IN THE EVENT, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASEES TO THE FULLEST EXTENT PERMITTED BY LAW. BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE NAR.