Society for Information Management (SIM) Waiver of Liability and Indemnity Related to Covid-19 Warning
SIM has taken health and safety measures at Executive Retreat for the attendees, sponsors, and staff. All attendees and sponsors must follow all posted instructions while visiting SIM’s events and activities at THE Executive Retreat (“Activities”). An inherent risk of exposure to Covid-19 exists in any public place where people are present. Assumption of Risk Participation in SIM events and activities brings some risk and attendees and sponsors do hereby assume responsibility for their own well-being. The Activities are of such value that attendees and sponsors accept the risk of being exposed to, contracting, and/or spreading Covid-19 in order to attend in person. Attendees and sponsors understand, agree, and hereby consent that disregard of, or failure to follow, all protocols in effect and required by SIM, the CDC, the venue provider, and all governing authorities during attendance at SIM Activities is hereby sufficient grounds to be excluded from attending the Activities by SIM or an event authority, and such attendees or sponsors will not be entitled to a refund. Waiver, Release, and Indemnification As a condition of participation in these Activities, attendees and sponsors do hereby expressly waive any rights against and release and hold harmless SIM and any of its officers, employees, affiliates, contractors, agents, heirs, legal successors, and assigns (collectively “SIM”) from and against any and all claims, suits, demands, losses, damages, expenses, or liability of whatever kind or nature (collectively “liability”), under any theory of law or equity, that may arise during or as a result of attendee’s or exhibitor’s presence at the premises, including but not limited to any such liability related to or arising out of illness, injury, or death associated with infection of Covid-19 or complications, symptoms, or other effects resulting from contracting Covid-19. Attendees and sponsors shall defend, indemnify, and hold harmless SIM and all other Releases against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the Activities. BY ATTENDING THE EXECUTIVE RETREAT, ATTENDEES AND SPONSORS UNDERSTAND, AND IT IS THEIR EXPRESS INTENT, THAT THIS RELEASE AND WAIVER OF LIABILITY RELEASES SIM FROM SUCH LIABILITY EVEN IF SUCH LIABILITY RESULTS FROM OR IS CAUSED BY THE SOLE OR CONTRIBUTORY OR ACTIVE OR PASSIVE NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL FAULT OF SIM OR ANY THIRD PARTY. ATTENDEES AND SPONSORS ALSO UNDERSTAND AND AGREE THAT SIM DOES NOT ASSUME ANY RESPONSIBILITY OR OBLIGATION TO PROVIDE FINANCIAL OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABLITY ASSISTANCE IN THE EVENT OF INJURY OR ILLNESS. IN THE EVENT THAT ATTENDEE OR SPONSORS, OR ATTENDEE OR SPONSOR’S FAMILY MEMBER IS INJURED, BECOMES ILL, OR SUFFERS COMPLICATIONS DUE TO COVID-19, ALLEGEDLY AS A RESULT OF PARTICIPATION IN AN SIM ACTIVITY, ATTENDEES AND SPONSORS AGREE TO RELEASE AND HOLD HARMLESS SIM IN THE SAME MANNER AND TO THE SAME EXTENT AS SET FORTH ABOVE. BY COMPLETING THE REGISTRATION AND/OR ATTENDING EXECUTIVE RETREAT, ATTENDEES AND SPONSORS FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.