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COVID – 19 ACKNOWLEDGE AND WAIVER OF LIABILITY

The Center of Movement Challenges, Inc. of Georgia a non profit corporation (“CFMC”) recognizes the threat of the coronavirus (COVID -19), and we are closely monitoring the developments around the globe to ensure that we’re highly prepared.  The safety of our staff, volunteers and the communities we serve are our greatest priority.

We will continue to observe the advice of the UN World Health Organization (WHO), US Center for Disease Control and Prevention (CDC) and relevant state and local authorities and take proactive measures to minimize the risk of coronavirus transmission.

For the protection of our staff, volunteers, participants we have established the following mandatory guidelines (the COVID-19 Guidelines) that must be followed by all staff, volunteers and participants when they are participating in CFMC Programs or accessing any facility in which CFMC programs are being operated (the Program Premises). These guidelines may be updated from time to time as the circumstances regarding COVID-19 changes

CFMC will continue to monitor the CDC for the latest information about COVID-19 and may update its COVID-19 Guidelines as new information becomes available. 

I affirm that I meet the health standards and I will abide by COVID-19 Guidelines, I agree that should I become ill or show symptoms that could be related to COVID-19, I will inform CFMC of my symptoms or illness, leave the Program Premises immediately and not return until I am symptom free for 14 days after the first assessment.

I acknowledge that CFMC has established a comprehensive COVID-19 exposure control including policies regarding the following control measure: PPE use, hygiene, sanitation and location disinfectant procedures (including a commitment to keeping Program Premises and all equipment deep cleaned and sanitized according to the guidelines set by CDC.

I acknowledge the risks associated with COVID-19, willingly choose to participate in programs operated by CFMC.  I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being in the Program Premises and participating in such programs and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE CFMC and its owners, directors and assign (the “Releases”) from and all liability related to COVID-19 which might occur as a result of my being on the Program Premises and participating in any CFMC programs.

I, for and on behalf of myself and my caregiver and my heirs, successors, beneficiaries and assigns do hereby RELEASE and covenant not to sue CFMC or the Parkinson’s Foundation,Inc. and any of their officers, directors, staff, agents, volunteers or any Provider, or their successors or assigns (all collectively, the “Release Parties”) from any and all liability, claims, demands, and cause of action of whatever kind or nature arising out of or relating to (i) CFMC’s, my, or any other person’s performance or non-performance of the obligations set forth herein (ii) my participation in the programs or (iii) any first aid or medical treatment rendered to me in connection with the Program.

Without limiting the generality of the foregoing sentence, I understand and agree that this Release and these covenants discharge the Release Parties from any liability or claim that I may have against the Release Party for damages, regardless of whether such damages were caused in part by the act or omission of a Release Party. I agree that the covenant not to sue, release, discharge and hold harmless set forth herein and intended to be a broad and inclusive as permitted by law.

THE CENTER FOR MOVEMENT CHALLENGES, INC.

PARTICIPANT AGREEMENT AND PHOTO RELEASE


NOTICE** THIS IS A LEGAL DOCUMENT THAT CONTAINS A GENERAL RELEASE, 

                 IT SHOULD BE READ CAREFULLY AND FULLY UNDERSTOOD 

                 BEFORE SIGNING.

By signing below, I hereby enter into this Participation Agreement and Release (“Agreement”) between me (“Participant”) and The Center for Movement Challenge, Inc. a Georgia non-profit corporation(“CFMC”).  This Agreement is effective as of the date signed by CFMC.

The Program connects individuals with Parkinson’s Disease and their care partners with independent fitness instructors, physical therapists, personal trainers, volunteers and other (all collectively, “Providers”) at Program’s facilities.

Participants who desire to participate in the Program are subject to the conditions below and believe that the Program will be of benefit to the Participant.

1.Evaluation of the Participant.  CFMC or a Provider may request that the Participant provide information from third parties (e.g. doctor’s note) as deemed necessary for evaluation prior to and during Participant’s participation in the Program, and to provide that information and other relevant information regarding the Participant to CFMC and to Providers having a bona fide need to know (as determined by CFMC). Participant represents that all information that is submitted or otherwise provided in writing or otherwise to CFMC or Provider is accurate and complete.

2. No Warranties or Obligations.  Neither CFMC nor Providers has made, and neither do make, any representations or warranties regarding Participant’s successful completion of the Program or the results to be obtained by Participant.  Participant understands that the Program does not create any duties or obligations on the part of either CFMC or Providers or confer any rights on Participant.  CFMC may terminate Participant’s participation at any time for any reason.

3. Assumption of Risk and Release.  Participant understands that the Program involves interaction with CFMC volunteers and with Provider; and in activities that may be hazardous to Participant, including, but not limited to, using equipment, all of which may result in injury, disease or even death. 

Participant further understands and acknowledges that (a) common symptom of Parkinson’s Disease is loss of balance, which can lead to falls: (b) Participant may rest at any time during the exercise through the Program and is encouraged to slow down or take a break if the participant feels discomfort or strain at any time during the Participant’s involvement in the Program-related activities (c) exercise is not a substitute for medical attention, examination, diagnosis or treatment and Participant should consult a physician prior to beginning any exercise program and further listen to Participant’s body and respect it’s limits (d) it is Participant’s responsibility to notify CFMC and providers of any serious illness or injury before engaging in any Program-related exercise or other activities (e) Participant will not participate in any Program-related exercise or other activities to the extent that the Participant is feeling strained or in pain and (f) by engaging in or continuation of any Program-related exercise or other activities, Participant represents that the Participant is physically able to undertake any and all physical activity provided. 

Participant, for and behalf of the Participant, his or her caregiver, and their heirs, successors, beneficiaries and assigns, do hereby RELEASE and covenants not to sue CFMC or the Parkinson’s Foundation, Inc. and  any of their officers, directors, staff, agents, volunteers or any Provider, or any of their successors or assigns ( all collectively, the “Release Parties”) from any and all liability, claims, demands and cause of action whatever kind or nature arising out of or relating to (i) CFMC’s Provider or Participant’s performance or non-performance of this Agreement (ii) the Participant’s participation in the Program or (iii) any first aid or medical treatment rendered to Participant in connection with Program.

Without limiting the generality of the forgoing sentence, Participant understands and agrees that this Release and these covenants discharge the Release Parties from any liability or claims that Participant may have against the Released Party for Damages, regardless of whether such Damages were caused in part by the act or omission of a Released Party. Participant agrees that the covenant not to sue, release, discharge and hold harmless set forth in this Agreement are intended to be broad and inclusive as permitted by law.

4. Medical Treatment.  Participant herby authorizes each staff member and volunteer of CFMC and Provider (1) to act on Participant’s behalf in securing appropriate first aid and medical treatment for Participant under emergency circumstances, and (2) to act on Participant’s behalf in accepting financial responsibility (which shall be borne solely by the Participant) for all first aid and medical treatment secured for Participant. Participant understands and agrees that any such expense will be Participant’s responsibility.

5.. Photographs and Media.  Participant agrees to be photographed or recorded in other media in connection with the Program or other CFMC or Provider events.  Participant understands and agrees that the photographs or other media recordings(“Images”) maybe used to promote CFMC, the Parkinson’s Foundation, Inc. and their respected services and events.  Participant hereby irrevocably grants and conveys unto CFMC all rights, title and interest in any and all images taken during the Program or other activities and events of CFMC.  Participant understands and agrees that Participant is waiving all rights to privacy and ownership regarding the use of such images.

6. Miscellaneous.  This Agreement shall be governed by and interpreted under the laws of the state of Georgia without giving effect to is conflict of laws rule.

*** PARTICPANT ACKNOWLEDGES HAVING HAD AN OPPORTUNITY TO HAVE READ THIS AGREEMENT IN FULL AND HAS HAD AN OPPORUNTIY TO ASK QUESTIONS REGARDING IT’S CONTENT BY CONSULTING WITH CFMC. PARICIPANT UNDERSTNDS THIS AGREEMENT CONTAINS A RELEASE.