RELEASE, LIABILITY WAIVER, AND ASSUMPTION OF RISK RELATING TO CORONAVIRUS (“COVID-19”) FOR COOLBUS PARTICIPANTS
Last Modified: August 21, 2020
Welcome to Coolbus, LLC (“Coolbus”, “We” or “Us”), the service that helps you manage the logistics of running a household (the “Services”).
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 (AND ALLOWING YOUR MINOR CHILDREN TO) ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF COOLBUS, ANY OF THE RELEASED PARTIES (AS DEFINED BELOW), OR ANY PARTICIPATING THIRD PARTY 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 RIS YOU OR YOUR CHILD MAY CONTRACT OR BE INFECTED WITH COVID-19 BY PARTICIPATING IN OR USING THE SERVICES AND THAT SUCH RISKS CANNOT BE AVOIDED. BY SIGNING THIS RELEASE, YOU ARE GIVING UP YOUR RIGHT AND YOUR CHILD’S RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY FINANCIAL OR PERSONAL INJURY, INCLUDING DEATH, TO YOU OR YOUR CHILD THAT RESULTS FROM THE RISKS INVOLVED IN PARTICIPATING IN OR USING THE SERVICES. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS RELEASE, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOU OR YOUR CHILD PARTICIPATE IN OR USE THE SERVICES IF YOU DO NOT SIGN THIS RELEASE.
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”), recommend 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 you will not become infected with COVID-19. Further, participating in or using the Services could increase the risk that you could contract COVID-19.
Therefore, as consideration for Coolbus’s permission for participating in or using the Services, you agree to the following:
You agree that you will not participate in or use the Services if you are 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 designated by any relevant Health Agencies.
You are aware that you must follow the safety protocols implemented by Coolbus, and all orders issued by Governmental Authorities or Health Agencies.
By participating in or using the Services, you certify that within the prior 14 days:
You have not traveled internationally, and
You have not been exposed to a person with a confirmed or suspected case of COVID-19.
You agree that you will wear a facemask or face covering at all times while participating in or using the Services.
You certify by participating in or using the Services that you have not been diagnosed with COVID-19, or, if previously diagnosed, have been cleared medically such that you exhibit no COVID-19 symptoms or risk of further contagion.
You agree to follow all Coolbus guidelines while participating in or using the Services to prevent the transmission of COVID-19.
Assumption of Risk. You understand that 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, and/or using or participating in the Services during the COVID-19 pandemic that cannot be eliminated regardless of the care taken by you, participating third parties, or 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 yourself, your minor children, your family members, or to others. You understand that these risks may be caused, in whole or in part, by your 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, both known and unknown, for any injury, damages, liabilities, losses or expenses which may be sustained by you, or anyone else in close contact with you arising out of, or related to, your use of the 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 exposure to COVID-19 or any other contagious disease or illness while participating in or using the Services, including claims that are based in whole or in part on your 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 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 related to any of the foregoing.
Application. You agree that this RELEASE, LIABILITY WAIVER, AND ASSUMPTION OF RISK RELATING TO COVID-19 FOR COOLBUS PARTICIPANTS (the “Release”) shall apply to you individually, as well as to your minor children, 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 children. If any court of competent jurisdiction holds any term or provision of this Release invalid, then any such invalid term or provision shall be severed and shall not affect the validity and enforceability of any other term or provision contained herein. 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 parties to disputes arising out of or in connection with this Agreement must submit to the exclusive jurisdiction of the federal or state courts 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.