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8. COVID-19 ASSUMPTION OF RISK AND WAIVER
<br />Provider acknowledges that Provider could be exposed to persons that may have COVID-
<br />19 providing services pursuant to this Agreement. Provider understands that interacting with any
<br />person currently comes with the inherent risk of exposure to COVID-19 and that COVID-19 is
<br />highly contagious. Provider assumes the risks associated with providing services pursuant to this
<br />Agreement, namely potential exposure to COVID-19. Provider acknowledges that while some
<br />people have no symptoms or mild symptoms from COVID-19, some people have become seriously
<br />ill requiring hospitalization and that some people have died from COVID-19. Provider
<br />acknowledges that persons over the age of 65 and persons with underlying health conditions are
<br />at greater risk of contracting COVID-19 and are potentially risking serious injury or death.
<br />Provider is agreeing to provide classes pursuant to this Agreement and does so of Provider's own
<br />free will.
<br />Provider intends to be legally bound by this assumption of risk, release and waiver and to
<br />bind Provider's heirs, personal representatives, next of kin and anyone who may make a claim on
<br />Provider's behalf. Provider knowingly releases and waives any and all claims that Provider may
<br />have or could have in the future and includes any claims resulting from potential exposure or actual
<br />exposure to COVID-19, this includes claims for personal injury, transmittal of COVID-19 to
<br />others, and/or wrongful death. Provider agrees to hold harmless, defend and indemnify the City,
<br />its public officials, officers, employees, volunteers, and agents from any and all claims for liability
<br />or damages, including those for exposure to or diagnosis with COVID-19 as a result of providing
<br />services pursuant to this Agreement.
<br />9. CONFLICT OF INTEREST
<br />Provider covenants that it presently has no interests and shall not have interests, direct or
<br />indirect, which would conflict in any manner with performance of services specified under this
<br />Agreement.
<br />10. BACKGROUND CHECK
<br />Provider shall ensure that all employees, and any volunteers are fingerprinted and
<br />background checked prior to conducting any work pursuant to this Agreement. Provider shall not
<br />assign any employee, agent, subcontractor, volunteer or the Provider personally to provide services
<br />pursuant to this Agreement, if that employee, agent, subcontractor, volunteer, or the Provider
<br />personally are required to register as a sex offender under California Penal Code Section 290 et
<br />seq, have a conviction for any crime of moral turpitude, have a conviction for a sexual based crime,
<br />have a conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has
<br />a conviction for a serious felony as defined in California Penal Code Section 1192.7(c).
<br />Disqualifying convictions include but are not limited to, violations of California Penal Code
<br />Sections 37,128, 136.1 with Section 186.22, 187,190-190.4 and 192(a), 205, 206, 207-209.5, 211,
<br />212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262,
<br />264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, 288a, 288.2,
<br />288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314, 347(a), 368,
<br />417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755,
<br />12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729.
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