Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.

SWAIN Destinations (“SWAIN”) cannot prevent you or any individual(s) traveling in your group (“Guests”) from becoming exposed to, contracting, or spreading COVID-19 while utilizing SWAIN ’S, or its contracted services. It is not possible to prevent against the presence of the disease. Therefore, if you, or your Guests choose to utilize SWAIN’S services or the services of any of SWAIN’S affiliates, directors, officers, employees, agents, contractors, or volunteers, you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.

ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and any Guests in order to utilize SWAIN’s services. These services are of such value to me and any Guests that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize SWAIN’s services. I further acknowledge that although Swain will suggest that all of its contractors follow the coronavirus guidelines issued by the CDC and other experts to reduce the spread of infection, I can never be completely shielded from all risk of illness caused by COVID-19 or other infections. 

WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against SWAIN and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 in any way related to utilizing SWAIN’S services and, or the services of any contractor or service provider introduced to you by SWAIN. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property damage, losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.

CHOICE OF LAW: I understand and agree that the law of the Commonwealth of Pennsylvania will apply to this contract.