Release of liability and assumption of risk
(as passenger in test autonomous vehicle and from covid-19 risks)
By clicking the "I have read and accept" button, I agree and confirm the following
The individual named below (referred to as “I” or “me”) desires to participate in riding as a passenger in an experimental, self-driving test vehicle that is controlled and operated with an automated and autonomous system (the “Activity”) provided by Yandex, Inc., a Delaware corporation and any of its parent or affiliate companies (the “Company”). In consideration of being permitted by the Company to engage in the Activity and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (this “Release”).
1. I am aware and understand that the Activity is a potentially dangerous activity, in the state of being tested, and involves the risk of serious injury, disability, death, and/or property damage. I am also aware of the highly contagious nature of the 2019 novel coronavirus disease (“COVID-19”) and the risk that I may be exposed to or contract COVID-19 by engaging in the Activity, which may result in serious illness, personal injury, disability, death, and/or property damage. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others, including negligent emergency response or rescue operations of the Company. I understand that while the Company has implemented measures to reduce the risk of injury from the Activity and the spread of COVID-19, the Company cannot guarantee that I will not be injured as a result of the failure of the vehicle to operate properly or otherwise, or become infected with COVID-19 due to my participation in the Activity and that engaging in the Activity may increase my risk of contracting COVID-19. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY ENGAGING IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
2. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, managers, employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, “Releasees”), on account of injury, illness, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for liabilities that the State of Michigan law does not permit to be released by agreement.
3. I confirm that I am: (a) in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activity; and (b) not experiencing symptoms of COVID-19 (such as cough, shortness of breath, or fever), do not have a confirmed or suspected case of COVID-19, and have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having COVID-19. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and COVID-19 while participating in the Activity. I will also follow all instructions, recommendations, and cautions of the Company at all times during the Activity. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of COVID-19, I will immediately discontinue further participation in the Activity.
4. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by, arising out or resulting from any claim of a third party related to my participation in the Activity.
5. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
6. Confidentiality. I understand and acknowledge that I am required to keep confidential my experiences in participating in the Activity, and I shall not disclose such to any third party at any time, unless otherwise required by process of law.
7. This Release constitutes the sole and entire agreement of the Company 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 Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Wayne County, State of Michigan, and I hereby consent to the exclusive jurisdiction of such courts.
Date of publication: 21.09.2020