Release of Liability, Waiver of Claims, and Assumption of Risks
Please note that by signing this document, you will waive certain legal rights, including the right to sue or claim compensation. Please read this document carefully.
The individual named below (referred to as "I" or "me") desires to participate in the AACAP 2023 Pediatric Psychopharmacology Update Institute (the "Event") provided by the American Academy of Child and Adolescent Psychiatry, a corporation existing under the state laws of Delaware at the New York Marriott at the Brooklyn Bridge. As lawful consideration for being permitted to attend the Event, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
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 or other infectious diseases by engaging in the Event, which may result in serious illness, personal injury, disability, death, or property damage. I am aware and understand that the Event is a potentially dangerous activity and involves the risks of such serious injury, disability, death, or property damage. I understand and acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of AACAP employees or others who may attend the Event. I understand that while AACAP has implemented measures to reduce the risk of injury from the Event and the spread of the Disease, AACAP cannot guarantee that I will not be injured or become infected with the Disease due to my participation in the Event. I acknowledge that I am voluntarily participating in the Event with knowledge of the dangers involved. I hereby agree to accept and assume all risks of injury, illness, disability, death, or property damage arising from my engaging in the activity, whether caused by the negligence of AACAP or otherwise.
I hereby expressly waive and release any and all claims which I have or may in future have, against AACAP, and its Council, officers, directors, employees, volunteers, agents, representatives, affiliates, successors, and assigns (collectively, "Releasees"), on account of injury, illness, disability, death, or property damage arising out of or attributable to the Event, whether arising out of the negligence of AACAP or any other Releasee or otherwise, including without limitation, breach of contract, or breach of any statutory or other duty of care. I covenant not to make or bring any such claim against AACAP or any other Releasee, and forever release and discharge AACAP and all other Releasees from liability under such claims.
I confirm that I will not attend the Event if I am experiencing symptoms of the Disease (such as cough, shortness of breath, or fever) or if I have a confirmed or suspected case of the Disease within ten (10) days of the beginning of the Event. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Event and the Disease while participating in the Event, including, without limitation, requirements related to hand sanitation, social and physical distancing, and use of face coverings and safety equipment, and other guidance on the Disease from the Centers for Disease Control (CDC). I will also follow all instructions, recommendations, and cautions of AACAP or the New York Marriott at the Brooklyn Bridge at all times during the Event. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Event, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Event.
This Agreement constitutes the sole and entire agreement of AACAP 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 Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of AACAP and me and our respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the state of New York and the federal laws of the United States applicable therein without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the courts of the state of New York, and I hereby consent to the exclusive jurisdiction of such courts.
BY ACCEPTING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE AACAP AND THE RELEASEES.
COVID-19 Event Safety Rules and Attestation of COVID-19 Vaccination Status
COVID-19 Event Safety Rules
As of September 28, 2022, COVID-related policies for the AACAP’s 2023 Pediatric Psychopharmacology Update Institute (the “Event”) are as follows, but are subject to change based on changing guidance from health authorities:
- Medical-grade masks or better are recommended and suggested at all official Event venues while indoors, other than while eating/drinking, or presenting.
- Full vaccination is required of all in-person attendees. Attendees must attest to their vaccination status prior to the meeting, as set out below. To qualify as “fully vaccinated,” an individual must have received (at least 14 calendar days prior to arriving at the Event):
- at least 2 doses of the Pfizer-BioNTech, Moderna, or Novavax vaccines, or a mix of 2 accepted vaccines, or at least 1 dose of the Janssen/Johnson & Johnson vaccine.
- For greater clarity, the foregoing vaccination requirement applies to all in-person attendees regardless of the location from which they departed to attend the Event and whether or not governmental authorities require travelers to provide proof of vaccination at the time of the Event.
- This information is being gathered by AACAP in order to implement reasonable safety measures associated with COVID-19 during the Event. Any personal information disclosed to AACAP will be stored securely, with access limited only to those responsible for implementing safety protocols at the Event. The information will be destroyed when it is no longer needed for the above-noted purpose.
- AACAP recommends that attendees be “Up to Date” on COVID-19 vaccines, meaning that they have received all COVID-19 vaccines recommended by the Centers for Disease Control and Prevention (CDC) along with any recommended booster dose(s) when eligible (for additional information, see: Stay Up to Date with Your Vaccines (CDC).
- Should you have any symptoms or test positive for COVID-19 before the meeting starts, you must not attend the meeting in-person.
- Should you start to experience symptoms or test positive for COVID-19 during the meeting, you must not continue to participate in the meeting.
- Should you test positive with COVID-19, you cannot attend the meeting within ten days of your positive test or the start of symptoms.
- Since all attendees are required to be fully vaccinated, attendance is permitted if you were exposed to COVID-19, as long as you are not experiencing symptoms, and you must wear a mask.
- While not required, AACAP encourages testing before traveling to the meeting to limit the spread of COVID-19 as much as possible during this large event.
By indicating my acceptance below, I hereby attest and agree to the following:
- I have reviewed the COVID-19 Event Safety Rules above and agree to abide by them, including with respect to any future modifications made by AACAP;
- As of the first date of the Event, I will be fully vaccinated (as defined above). If I am not fully vaccinated as of the first date of the Event, I will not attend the Event in person; and
- If requested by the Event organizers, I shall provide proof of my vaccination status or appropriate medical documentation from my health care provider and/or other additional information that the Event organizers may require to substantiate my status.
I DECLARE THAT THE FOREGOING STATEMENTS ARE TRUE AND CORRECT.