Dan Bern

As a precondition to your admission onto the premises of McCabe’s Guitar Shop (“Company”) for any Concert OR Group Lesson (the “Event”), you and Company agree to the following:

You understand that Company has endeavored to comply with applicable governmental and public health guidance to create a safe environment for staff, performers, attendees, and other visitors to the Event. You understand that COVID-19 is a highly contagious disease transmitted through human contact and respiratory droplets (including through the air and via common surfaces), that it is possible that you may contract COVID-19 while at the Event, and that contracting COVID-19 could lead to sickness or death.

You assume all risk in connection with your admission to the Event. In consideration for Company allowing you admission onto the premises for the Event, on behalf of you and all of your heirs, executors, administrators, and assigns, you hereby waive and release any and all claims that you could bring against Company, any of its affiliates, or any of Company’s or its affiliates’ respective owners, shareholders, partners, members, executives, officers, directors, employees, or other personnel (collectively, the “Company Parties”) in any arbitration or court proceeding, including any cases arising from the Company Parties’ own negligence, except as prohibited by law. You promise not to sue any of the Company Parties in any court or arbitration based on any claim released or waived hereunder, either individually or as part of any group or class, and further promise not to authorize any other individual or non-governmental entity to pursue claims on your behalf.

You represent and warrant that (a) you fully understand the terms, conditions, and significance of this COVID-19 Acknowledgement and Liability Waiver and its binding effect; (b) you understand that you are waiving legal rights and remedies, including but not limited to any negligence or “tort” claims you otherwise could pursue; (c) you are competent to manage your affairs and enter into this COVID-19 Acknowledgement and Liability Waiver; (d) you are entering into this COVID-19 Acknowledgement and Liability Waiver knowingly, voluntarily, and without any pressure by any of the Company Parties; and (e) you have not assigned any of the claims waived hereunder to any other person or entity.