COVID-19 LIABILITY WAIVER
Earth Media, LLC (“Company” or “us” or “our”) operates this mobile application for use by various businesses (each, a “Business”). The app, the information contained on the app, and all links and contained therein or data transmitted through will be collectively referred to herein as the “App”. By using the App, or purchasing any products or services through the App or from the Business, you (“you” or, “User”) agree to be bound by the Hold Harmless and Liability Waiver set forth below, as any of the same may exist from time to time (referred to herein as the “Liability Waiver”). Collectively, the “Company” includes but is not limited to the Company and its managers, members, officers, directors, employees, agents, contractors, affiliates, successors, heirs and assigns. Collectively, the “Business” includes but is not limited to the Business and its managers, members, officers, directors, employees, agents, contractors, affiliates, successors, heirs and assigns.
HOLD HARMLESS
By using the App, purchasing any product or service through the Business, or by physically entering any Business premises for any reason, you acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. You further agree that a Business cannot guarantee that you will not become infected with the Coronavirus/COVID-19. You understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of yourself and others.
You hereby release and agree to hold the Company and the Business user of the App, and waive on behalf of yourself, your heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to yourself and/or property that may be caused by any act, or failure to act of the Company or the Business, your purchase of any product or service from the Business, or your physical entry or access to any Business premises or location, or that may otherwise arise in any way in connection your use of the App or related to Coronavirus/COVID-19. YOU UNDERSTAND THAT THIS RELEASE DISCHARGE THE COMPANY AND THE BUSINESS FROM ANY LIABILITY OR CLAIM THAT YOU, YOUR HEIRS, OR ANY PERSONAL REPRESENTATIVES MAY HAVE AGAINST THE COMPANY OR THE BUSINESS WITH RESPECT TO ANY BODILY INJURY, ILLNESS, DEATH, MEDICAL TREATMENT, OR PROPERTY DAMAGE THAT MAY ARISE FROM, OR IN CONNECTION TO, CORONAVIRUS/COVID-19, YOUR USE OF THE APP, OR DISCLOSURE OF INFORMATION FROM THE APP.
HIPAA RELEASE AUTHORIZATION
As required by the Health Insurance Portability and Accountability Act, 45 C.F.R. Parts 160 and 164, you hereby authorize the Business and the Company to disclose certain protected health information that you share with Business and the Company through the App:
- Any positive COVID-19 diagnosis along with the date of such diagnosis; and
- Any positive COVID-19 antibody test and the date of receipt of the test results.
For purposes of this authorization and hold harmless, COVID-19 shall include any mutations thereof. This protected health information may be provided to the Company, the Business, other Users of this App, or other regulatory or public health officials. In connection with disclosing your protected health information, the Business or the Company may also disclose your name, email address, mobile telephone number, or other personal information in connection with the disclosure of any positive COVID-19 diagnosis or positive COVID-19 antibody test. The disclosure of your protected health information may be made in electronic or paper format.
You agree that the authorization to disclose the protected health information described above shall be effective immediately upon your download of the App, and effective for a period of twenty (20) years from your last use of the App. This personal information may also be used by the person you authorize to receive this information for medical treatment or consultation, billing or claims payment, or other purposes as you may direct.
You understand that you have the right to revoke this authorization, in writing, at any time, by contacting the Business or the Company. You understand that a revocation is not effective to the extent that any person or entity has already acted in reliance on your authorization or if your authorization was obtained as a condition of obtaining insurance coverage and the insurer has a legal right to contest a claim.
You understand that my treatment, payment, enrollment, or eligibility for benefits will not be conditioned on whether you agree to this authorization. You understand, agree, represent and warrant that protected health information and other information used or disclosed pursuant to this authorization may be disclosed by the recipient and may no longer be protected by federal or state law.
THIS LIABILITY WAIVER CONTAINS IMPORTANT PROVISIONS THAT MAY AFFECT YOUR RIGHTS WITH RESPECT TO THE COMPANY, THE BUSINESS OR THE APP. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE COMPANY OR THE BUSINESS MAY MODIFY THIS LIABILITY WAIVER AT ANY TIME WITHOUT YOUR CONSENT, AND WITHOUT ANY PRIOR NOTICE TO YOU OR ANY USER.
ACCEPTANCE OF THIS COVID-19 WAIVER AND HIPAA AUTHORIZATION
In consideration for your use of the App, along with the purchase of any products or services from the Business, you agree that you shall be bound by this Liability Waiver. To the extent you have not affirmatively manifested assent to this Liability Waiver, you agree and acknowledge that your use of this App is equivalent to an affirmative interaction with the App acknowledging your assent and agreement to the terms contained in this Liability Waiver. Your use of this App includes the ability to enter into binding agreements or to engage in binding transactions electronically. If any term of this Liability Waiver is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability, and all other terms hereof shall remain in full force and effect.
This Liability Waiver was last updated on July 30, 2020.