Covid Release and Waiver of Liability

SDTH – Covid Release and Waiver of Liability

By RSVPing for any San Diego Tech Hub event, you agree to the following

Note: You will be required to acknowledge and sign this form prior as part of event check-in.

I desire to enter the premises of Helia Brewing Company located at 1250 Keystone Way Vista, California 92081 (the “Premises”) to attend a social event (the “Activity”) sponsored by San Diego Tech Hub (“SDTH”). In consideration of being permitted by SDTH to engage in the Activity and in recognition of SDTH’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (this “Release”).

I am aware of the highly contagious nature of the 2019 novel coronavirus disease (COVID-19) (the “Disease”) and the risk that I may be exposed to or contract the Disease by being on the Premises and engaging in the Activity. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, and/or death. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including others engaging in the Activity and those affiliated with SDTH. I understand that SDTH cannot guarantee that I will not become infected with the Disease while on the Premises and that being on the Premises may increase my risk of contracting the Disease. NOTWITHSTANDING THE RISKS ASSOCIATED WITH THE DISEASE, I ACKNOWLEDGE THAT I AM VOLUNTARILY ENTERING THE PREMISES TO ENGAGE IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE RELATED TO THE DISEASE, ARISING FROM MY BEING ON THE PREMISES OR ENGAGING IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF SDTH OR OTHERWISE.

I hereby expressly waive and release any and all claims, now known or hereafter known, against SDTH, and its officers, directors, employees, agents, affiliates, shareholders, successors, and assigns (collectively, “Releasees”), on account of injury, illness, disability, death, or property damage arising out of or attributable to my being on the Premises or engaging in the Activity and being exposed to or contracting the Disease, whether arising out of the ordinary negligence of SDTH or any Releasees or otherwise. I covenant not to make or bring any such claim against SDTH or any other Releasee and forever release and discharge SDTH and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement.

I understand that by signing this Release, I am waiving any and all claims, of any kind arising out of or attributable to my participation in the Activity, including those claims that may be unknown to me, or which I do not suspect to exist at this time. With the intention of waiving all unknown and unsuspected claims, I hereby expressly waive all rights, benefits, and protections I may have under California Civil Code section 1542, which reads as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.

I am familiar with federal, state, and local laws, orders, directives, and guidelines related to the Disease, including the Centers for Disease Control and Prevention (CDC) guidance on the Disease, the California State guidelines on face coverings, and the County of San Diego health order. I will comply with all such orders, directives, and guidelines while on the Premises, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings. I confirm that I am not experiencing symptoms of the Disease (such as cough, shortness of breath, or fever) do not have a confirmed or suspected case of the Disease, and to the best of my knowledge, have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having the Disease.

I shall defend, indemnify, and hold harmless SDTH and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable 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 of or resulting from any claim of a third party related to my participation in the Activity, including any claims arising out of my own negligence.

This Release constitutes the sole and entire agreement of SDTH 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 shall 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 SDTH and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in San Diego County, California and I hereby consent to the exclusive jurisdiction of such courts.