RELEASE, LIABILITY WAIVER, AND ASSUMPTION OF RISK RELATING TO CORONAVIRUS (“COVID-19”) FOR COOLBUS MINOR CHILD PARTICIPANTS


NOTICE TO THE MINOR CHILD’S PARENT/NATURAL GUARDIAN REGARDING USE OF COOLBUS-GENERATED SERVICES

Last Modified: July 29, 2020

Welcome to Coolbus, LLC (“Coolbus”, “We” or “Us”), the service that helps you manage the logistics of running a household (the “Services”).  

This Coolbus COVID waiver and assumption of risk document is a compliment to the Terms of Use, Privacy Policy, and the Adult Waiver. There are four (4) documents that represent the conditions of your use or your child's use of the Service, whether you access the Services through the website (www.coolbus.com) (the “Website”), the Coolbus mobile app for iOS or the Coolbus mobile app for Android (together the “App”). The Services include any functionality, content or assistance offered on or through the App or the Website. By accessing the Website, downloading or accessing the App, using the Services, or clicking to “Accept” or “Agree” to these terms when that option is made available to you, you accept and agree to abide by all terms specified in this document, the Terms of Use and our <<Privacy Policy>>. If you do not want to agree to these terms or the Privacy Policy, you must not access or use the Services. The terms remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Terms of Use. 


At this time, Coolbus does not offer Services to users in California or Nevada, nor to anyone outside of the United States.  If you are not a resident of the United States or if you are a resident of California or Nevada, do not use our Services, or access the Website or the App. If you are a resident of California or Nevada or are a non-US resident and have already downloaded the App, please delete it from all of your devices and do not use it. 

READ THIS INFORMATION COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF COOLBUS OR ANY OF THE RELEASED PARTIES AS DEFINED BELOW USES REASONABLE CARE IN MAINTAINING THE PROTOCOLS ISSUED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION (“CDC”) AND APPLICABLE STATE AND LOCAL HEALTH OFFICIALS THERE IS A CHANCE YOUR CHILD MAY CONTRACT OR BE INFECTED WITH COVID-19 BY PARTICIPATING AND USING COOLBUS-GENERATED SERVICES. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD THAT RESULTS FROM THE RISKS THAT CANNOT BE AVOIDED FROM PARTICIPATING IN OR USING COOLBUS-GENERATED SERVICES. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IN OR USE COOLBUS-GENERATED SERVICES IF YOU DO NOT SIGN THIS FORM.


The novel Coronavirus (“COVID-19”) has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread primarily from person-to-person contact. As a result, federal, state, and local governments (“Governmental Authorities”) and relevant federal, state, and local health agencies, including the CDC (collectively, “Health Agencies”) have recommended social distancing and have, in many locations, prohibited groups from congregating. Coolbus has implemented preventive measures to reduce the spread of COVID-19. Coolbus cannot,however, guarantee that your minor child will not become infected with COVID-19. Further, using Coolbus-generated services could increase the risk that your minor child could contract COVID-19. 

 

In consideration for Coolbus’s permission for my minor child to participate in or utilize Coolbus-generated services, You agree to the following:

 

  • You agree that your minor child will not use Coolbus-generated services if experiencing any symptoms of COVID-19, including fever, chills, cough, shortness of breath, difficulty breathing, fatigue, muscle aches, body aches, headache, new loss of taste, new loss of smell, sore throat, congestion, runny nose, nausea, vomiting, diarrhea, or any other symptoms affiliated with COVID-19 that any relevant Governmental Authority or Health Agency designate. 

  • You are aware that your minor child must follow the safety protocols implemented by Coolbus, and all orders by relevant Governmental Authorities or Health Agencies.

  • By using Coolbus-generated services I certify that my minor child has not in the prior 14 days:  

    • traveled internationally, or  

    • been exposed to a person with a confirmed or suspected case of COVID-19. 

  • You agree that your minor child will wear a facemask or face covering at all times while using Coolbus-generated services.

  • You certify by using Coolbus-generated services that your minor child has not been diagnosed with COVID-19, or, if previously diagnosed, has been cleared medically such that my minor child exhibits no COVID-19 symptoms or risk of further contagion.

  • You agree that your minor child will follow all Coolbus guidelines while using Coolbus-generated services to prevent the transmission of COVID-19.

Assumption of Risk.  You understand that the novel coronavirus (“COVID-19”) is an extremely contagious virus that has been declared a worldwide pandemic by the World Health Organization. You recognize that there are certain inherent risks associated with hosting a carpool, occupying a third party’s vehicle, or using Coolbus’s services during the COVID-19 pandemic that cannot be eliminated regardless of the care taken by Coolbus. You understand that these risks, hazards, and dangers include, without limitation: exposure to or infection with COVID-19; injury, illness, permanent disability, or death, to your minor child. You understand that these risks may be caused, in whole or in part, by your minor child’s own actions or inactions, or those of others, or by the negligent acts or omissions of the Released Parties defined below. You freely and voluntarily assume all risks on behalf of your minor child, both known and unknown, for any injury, damages, liabilities, losses or expenses which may be sustained by your minor child arising out of, or related to, your minor child’s use of Coolbus-generated services.


Release and Hold Harmless.  You hereby surrender, release and forever discharge, waive, and relinquish Coolbus, and its subsidiaries, affiliates or partners, and each of their officers, directors, shareholders, agents, employees, volunteers, representatives, successors and assigns (collectively, the “Released Parties”) from any and all causes of action, suits, debts, damages, losses, claims and demands of any type or kind whatsoever at law or in equity, whether known or unknown, foreseen or unforeseen, including but not limited to claims of negligence or claims involving personal injury (including death) or property damage (collectively, “Claims”), arising from or in connection with your minor child’s exposure to COVID-19 or any other contagious disease or illness while using Coolbus-generated services, including claims that are based in whole or in part on your minor child’s own actions or inactions, or those of others, or by the negligent acts or omissions of the Released Parties. You further promise not to sue any of the Released Parties on behalf of your minor child and agree to defend, hold harmless, and indemnify the Released Parties from any and all claims asserted, commenced, or threatened against any of the Released Parties incident to any of the foregoing.
Application.  You agree that this RELEASE, LIABILITY WAIVER, AND ASSUMPTION OF RISK RELATING TO CORONAVIRUS (“COVID-19”) FOR COOLBUS MINOR CHILD PARTICIPANTS (the “Release”) shall apply to me individually, as well as to your minor child, and each of you or their assignees, heirs, next of kin, executors and administrators to the fullest extent permitted by applicable law, and may be pled by the Released Parties as a complete bar and defense against any Claims on your behalf, or on behalf of your minor child.  If any term or provision of this Release is held invalid by any court of competent jurisdiction such invalid term or provision shall be severed and shall not affect the validity and enforceability of any other term or provision herein contained. If any assignee, guardian, executor or other agents take a legal position contrary to the terms of this Agreement they shall be responsible for all expenses reasonably incurred by the Released Parties, including attorney’s fees.


Choice of Law.  This Release shall be governed by and construed in accordance with the laws of the State of Alabama without regard to conflicts of law principles. This Release is intended to be as broad and inclusive as Alabama law permits and if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. All disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the federal or state courts having jurisdiction in Birmingham, Alabama. The undersigned irrevocably waives any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens. This Agreement shall not be amended nor modified, and no waiver of any provision hereof shall be effective, unless set forth in written instrument executed by the Released Parties.
 

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