Copy of Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 - SD

* 1. 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 yet exhibit no symptoms. 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.

BNI of the Heartland, LLC, a Nebraska limited liability company (“BNI”), cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while utilizing BNI’s services or attending in-person BNI meetings or networking events (collectively, the “BNI Services”). It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize the BNI Services, 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 in order to utilize the BNI Services. The BNI Services are of such value to me that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize the BNI Services in-person rather than arranging for an alternative method of utilizing the BNI Services virtually (e.g. videoconference or teleconference), which I hereby acknowledge that BNI has made and will continue to make available to me.

WAIVER OF LAWSUIT/LIABILITY: I, in consideration of BNI allowing me to utilize the BNI Services, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby agree to release and to hold harmless BNI and its members, directors, managers, officers, owners, representatives, agents, lessors, licensors, employees, or other representatives and each of its and their respective successors, assigns, heirs and beneficiaries (hereinafter collectively the "Released Parties") from any and all liability for claims, judgments, losses, liabilities, costs, and expenses (including, without limitations, attorney's fees and costs) arising out of or connected with exposure, infection, and/or spread of COVID-19 related to utilizing the BNI Services. I further expressly agree to indemnify and hold harmless the Released Parties against loss from any further claims, demands or actions that may subsequently be brought by me or by any other persons on the account of personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence, and give up any claim I may have to seek damages of any character, whether known or unknown, foreseen or unforeseen, resulting to me in any way from the use of the BNI Services. I further agree to reimburse and to make good to the Released Parties any loss or costs the Released Parties may have to pay as a result of any such action, claim, or demand.

CHOICE OF LAW: I understand and agree that the law of the State of South Dakota will apply to this liability release and waiver form.