COVID-19 Assumption of Risk, Waiver of Liability & Indemnity Agreement (Read Carefully Before Signing)
This is an important legal agreement between the undersigned attendee (the “Attendee”), and the American Gaming Association (“AGA”). In consideration of AGA allowing the Attendee to attend in-person the Board of Directors Meeting held on or about November 4, 2021 (the “Event”)Attendee hereby agrees to the following terms and conditions.
I. Essential Safety Rules
Attendees agree to comply with all AGA policies and the policies of AGA’s event hosts (such as hotels, conference centers, etc.), as may be updated from time to time prior to the Event and which include but are not limited to the following:
- All attendees and AGA staff must be fully vaccinated or must provide proof of a negative COVID PCR test taken within the 72 hours preceding the Event. Fully vaccinated means at least two weeks have passed since your second shot for a two-dose vaccine (Pfizer or Moderna) or your single shot for a one-dose vaccine (Johnson & Johnson).
- If applicable by state, local and/or venue guidance, wear a mask (at least two-ply) covering your nose and mouth whenever you are in public, except while sitting at a table to eat or drink.
- Stay at least three feet away from others at all times. Do not touch, shake hands with, or hug anyone who does not live in your household.
- Wash your hands with soap and water for at least 20 seconds as often as possible. Use sanitizer with 60% or more alcohol often.
- Cover coughs or sneezes with a tissue, throw the tissue in the trash, and then sanitize or wash your hands immediately.
- Avoid touching your mask, eyes, nose, and mouth in public places.
- Avoid contact with frequently-touched surfaces like counters and doorknobs.
- Avoid sharing common items like pens, dry-erase markers, phones, office supplies, and activity supplies.
- Stay home if you feel sick.
If you begin to feel sick during the Event, inform AGA management and leave the Event.
II. Assumption of Risk
- Attendee assumes all risks of loss or injury resulting from contracting COVID-19 as a result of the Attendee’s participation in the Event. Attendee acknowledges that the AGA has provided an alternative, virtual means of attending the Event but Attendee is voluntarily choosing to attend the Event in person.
- While AGA will take a number of health precautions during the Event, including enhanced screening, social distancing measures and various other precautions, AGA cannot eliminate the risk of an Attendee contracting COVID-19.
- Attendee understands that the spread of a communicable disease, such as COVID-19, is an inherent risk of attending the Event, which makes it impossible to ensure the complete safety of the Attendee. Attendee will not hold AGA liable in the event that Attendee is injured due to contracting COVID-19 in connection with Attendee’s participation in the Event.
- COVID-19 can have minor consequences similar to that of a typical cold, serious consequences which require extended hospitalization, and even catastrophic consequences including death. Attendee understands and appreciates the risks involved in contracting COVID-19 at the Event and that this is possible regardless of the care taken by AGA and its employees.
- Having read and understood the above, Attendee hereby asserts that Attendee’s participation in the in-person Event is completely voluntary. Attendee knowingly assumes the risk of contracting COVID-19 at the Event.
III. Waiver of Liability
- Attendee hereby releases, waives, and discharges AGA, including its employees, contractors, agents, directors, officers and affiliated parties (“AGA parties”), from liability from any and all claims resulting from the inherent risks of the Event or from the negligence of AGA or the AGA parties.
- Attendee enters into this waiver of liability on behalf of themselves, their heirs, assigns, personal representatives, and spouses.
- Today and on all future dates, this waiver of liability applies to personal injury, including death, from incidents and illnesses arising from contracting COVID-19 as part of Attendee’s participation in the Event.
IV. Indemnification of AGA
Attendee agrees to hold harmless, defend, and indemnify AGA and AGA parties (that is, defend and pay any judgment and costs, including investigation costs, court costs, and legal/attorney fees) from any and all claims of Attendee, family members, or others arising from Attendee’s injury or loss due to participation in the Event. This includes injuries or losses arising from the inherent risks of the Event or the ordinary negligence of AGA or AGA parties.
V. Other Important Provisions
- Broad Interpretation: Attendee acknowledges and agree that this Assumption of Risk, Waiver of Liability, and Indemnity Agreement is intended to be as broad and inclusive as permitted by Nevada law.
- Covenant Not to Sue: Attendee covenants not to sue AGA for any claim arising directly or indirectly from Attendee contracting COVID-19 at the Event. This includes claims resulting from the inherent risks of the Event, AGA’s negligence, or the negligence of AGA parties.
- Severability: Attendee acknowledges and agree that if any portion of this agreement is unlawful, invalid, or unenforceable, it shall not impact the validity and enforceability of any other portion of this agreement.
- Venue and Choice of Law: Attendee acknowledges and agrees that the sole venue for any dispute or cause of action related to this agreement shall be a court of competent jurisdiction located in Clark County, Nevada. Attendee acknowledges and agrees that that any dispute or cause of action brought under this contract shall be governed by the laws of Nevada without giving effect to principles of conflicts of law.
Acknowledgment of Understanding
I have read this agreement and fully understood its terms, the risks and rules. I acknowledge and agree that, by signing below, I am giving up substantial rights on my own behalf, including the right to sue AGA for injuries resulting from the inherent risks of the Event and the ordinary negligence of AGA. I further acknowledge that the Event is a non-essential program in which I am voluntarily participating instead of the attending the program virtually. I intend my signature to be a complete and unconditional release of all liability, including that due to ordinary negligence by AGA, to the greatest extent possible under the law. Additionally, by signing below, I am certifying that I am fully vaccinated (as defined above) or I will provide a proof of a negative COVID PCR test taken within the 72 hours preceding the Event.