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at greater risk of cantracting 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 />will.
<br />Provider intends to be legally hound 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 it 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 COVI17-19, this includes claims for personal injury, transmittal of COVIU-19 to
<br />others, and/or wrongFul death. Provider agrees to hold harmless, defend and indemnify the City,
<br />its public officials, officers, ernployces, volunteers, and agents from any and all clahns for liability
<br />or damages, including those for exposure to or diagnosis with COVI[3-19 as a result of providing
<br />services pursuant to this Agreement.
<br />Provider covenants that it presently has no interests and shall not have interests, direct or
<br />indirect, which would conflict in any uaarmer with performance ofservloes specified under this
<br />Agreement.
<br />Provider shall ensure that all cruployces, subcontractors, and any volunteers working on -
<br />site in City are fingerprinted and background checked prior to conducting any work pursuant to
<br />this Agreement. Provider shall not assign any employee, agent, subcontractor, volunteer a the
<br />Provider personally to provide services pursuant to this A,greernent if that employee, agent,
<br />subcontractor, volunteer, or the Provider personally are required to register as it sex offender under
<br />California Penal Lode Section 290 et seq, have a conviction for any crime of moral turpitude, have
<br />a conviction fora sexual based crime, have a conviction for a violent felony as defined in California
<br />Penal Code Section 667.5(c), or has a conviction for aserious felony as defined in California Penal
<br />Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of
<br />California Penal Code Sections 37, 128, 136.1 with Section 186,22, 187, 190-190.4 and 192(a),
<br />205, 206, 207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236. I(b) or 236.1(c), 243 4,
<br />261, 261, 5, 273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 26.9, 272, 2'73a, 273ab, 273d, 285,
<br />286, 288, 288a, 288.2, 288,3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10,
<br />311.11, 314, 347(a)„ 368, 417(b), 451(a),518 with 186.22, 647.6, 6531(c), 664 and 187, 667.5(c),
<br />18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section
<br />729,
<br />11. N0jjCE
<br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
<br />shall be in writing and shall be decnted to be' properly given if delivered in person or mailed by
<br />tirst class or cer titled mail, postage prepaid, or sent by fax or other telegraphic crnnmunieation in
<br />the manner provided in this Section, to the following persons:
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