COVID-19 Release of Liability
Client is hereby notified and agrees that:
While the Commonwealth of Pennsylvania has eased or eliminated various COVID-19 based restrictions on businesses, the conduct and performance of the services being provided by Michael Nesgoda, EriePics by Michael Nesgoda, and all representatives of EriePics by Michael Nesgoda are subject to those rules in place at the time the photography services are to be performed.
Based upon the scope of the social distancing restrictions in place at the time of the photography services, certain aspects of the photographer/client interaction may be altered by necessity.
Client and all members of Client’s party agree to abide by the social distancing measures in force at the time of their session or event. Client and members of Client’s party explicitly agree and understand that failure to adhere to such social distancing measures places them at increased risk of COVID-19 exposure or transmission.
Client and members of Client’s party assume all risks associated with potential COVID-19 transmission or exposure in relation to the photography services being provided and accept sole responsibility for an illness, injury, damages, claims or expense arising therefrom regardless of the identity of the person alleged to be at fault for such transmission or exposure.
AGREEMENT TO RELEASE AND HOLD HARMLESS MICHAEL NESGODA AND ERIEPICS BY MICHAEL NESGODA
Waiver for COVID-19 (Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2)
I acknowledge the contagious nature of the Coronavirus Disease 2019/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that Michael Nesgoda and EriePics by Michael Nesgoda has put in place preventative measures to reduce the spread of the Coronavirus Disease 2019/COVID-19 including social distancing, face masks, outdoor only policy for all photography sessions, and a zero physical contact policy between the Client(s), and Michael Nesgoda and any representatives of EriePics by Michael Nesgoda.
I further acknowledge that Michael Nesgoda and EriePics by Michael Nesgoda cannot guarantee that I will not become infected with the Coronavirus Disease 2019/COVID-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus Disease 2019/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Michael Nesgoda, EriePics by Michael Nesgoda staff, and other EriePics by Michael Nesgoda clients and their families.
I voluntarily seek services provided by Michael Nesgoda and EriePics by Michael Nesgoda and acknowledge that I am increasing my risk to exposure to the Coronavirus Disease 2019/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my photography session.
I attest that:
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus Disease 2019/COVID-19.
* I have not been diagnosed with Coronavirus Disease 2019/COVID-19 and not yet cleared as non-contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus Disease 2019/COVID-19.
I hereby release and agree to hold Michael Nesgoda and EriePics by Michael Nesgoda harmless from, and waive on behalf of myself, my spouse, my partner, biological parent(s) of my minor children, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself, my minor children, anyone I am in the presence of or in any contact with after the session, and/or property that may be caused by any act, or failure to act of Michael Nesgoda and representatives of EriePics by Michael Nesgoda, or that may otherwise arise in any way in connection with any services received from Michael Nesgoda and EriePics by Michael Nesgoda. I understand that this release discharges Michael Nesgoda and all representatives of EriePics by Michael Nesgoda from any liability or claim that I, my heirs, my spouse, my partner, biological parent(s) of my minor children, and any personal representatives may have against Michael Nesgoda and representatives of EriePics by Michael Nesgoda with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Michael Nesgoda and EriePics by Michael Nesgoda. This liability waiver and release extends to Michael Nesgoda and representatives of EriePics by Michael Nesgoda together with all owners, partners, and employees.
I/we, the undersigned Contracting Party, hereby warrant that I am/we are competent to contract in my/our own name(s). I/we confirm that I / we have read the herein agreement prior to its execution and I/we are fully familiar with the contents thereof. This agreement shall be binding upon us and our heirs, legal representatives and assigns. And, we certify that we have received a complete copy of this agreement with all blank lines completed.
Agreed and Accepted:
*signature on this contract is acknowledged and dated by email or text message*