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1. NOTICE AND AUTHORIZATION FOR USE AND DISCLOSURE OF COVID-19 RELATED INFORMATION; and 2. WAIVER AND GENERAL RELEASE OF LIABILITY.
1. NOTICE AND AUTHORIZATION FOR USE AND DISCLOSURE OF COVID-19 RELATED INFORMATION (“Authorization”) The health and safety of (i) patrons attending events at Barclays Center and (ii) Brooklyn Nets, LLC d/b/a the Brooklyn Nets (“BKLYN”), Brooklyn Events Center, LLC d/b/a Barclays Center (“BEC”; BKLYN and BEC shall be referred to herein together as “BSE”), and their respective employees, officers, directors, managers, partners, members, shareholders, agents, and contractors is a top priority for BSE. As the COVID-19 virus continues to evolve and spread, BSE, together with its partners and consultants, is implementing certain COVID-19 screening, monitoring, testing, and safety measures based on recommendations or requirements from the Centers for Disease Control and Prevention (“CDC”), the State of New York, other public health authorities, and the National Basketball Association. BSE’s COVID-19 health and safety measures and game day protocols may involve, at various times, at frequencies determined by (x) BSE or (y) a designee of BSE, such as Power Analytics Global Corporation and its subsidiaries and affiliated companies (“PAGC”): (i) body temperature screenings; (ii) health monitoring and symptom screening questionnaires; (iii) diagnostic COVID-19 testing (e.g., molecular reverse transcription-polymerase chain reaction (RT-PCR) and/or antigen point of care); and/or (iv) other COVID-19 related health screening or monitoring (collectively, “COVID-19 Testing”). The COVID-19 Testing does not include an antibody test. To prevent the spread of COVID-19 and reduce the potential risk of exposure and direct threat to BSE and its patrons, PAGC (or any other BSE testing administrator, as the case may be) is facilitating and conducting COVID-19 Testing of BSE’s patrons for the purpose of health and safety at Barclays Center. In accordance with the foregoing, the intended purpose of the COVID-19 Testing is to assist BSE to prevent or lessen the direct threat of harm that COVID-19 poses to the health and safety of BSE’s patrons and the population with whom patrons may interact at Barclays Center. PAGC (or any other BSE testing administrator, as the case may be) is collecting this personal information and is providing this notice pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), California Civil Code Sections 1798.100 et seq., and any other applicable data protection laws. By clicking the “AGREE” button below, I hereby authorize the use and/or disclosure of my COVID-19 Testing information and related health information as follows: • This Authorization becomes effective immediately upon my clicking the “AGREE” button below and shall expire on the later of (a) December 31, 2021 and (b) one year from the date of my clicking the “AGREE” button below. I may revoke this Authorization at any time prior to its expiration date by sending a written revocation notice to BSE at: BSE Global, 168 39th Street, 7th Floor, Brooklyn, New York 11232, Attention: Legal Department. • This Authorization is voluntary and I may refuse to click the “AGREE” button below. However, the COVID-19 Testing is being performed by PAGC at BSE’s request. If I do not click the “AGREE” button below, I am not eligible to receive COVID-19 Testing through BSE’s COVID-19 Testing program and, as a result, may not be allowed access to Barclays Center. • I acknowledge that some of the COVID-19 Testing does not provide a diagnosis of my health status, including whether I have the COVID-19 virus or any other illness or condition; BSE is not providing me with medical treatment or medical advice. • I authorize PAGC (or any other BSE testing administrator, as the case may be) to disclose (release) my COVID-19 Testing information to the following entities, as applicable to my attendance at a Brooklyn Nets game at Barclays Center: Brooklyn Events Center, LLC; Brooklyn Nets, LLC; and AEG Management Brooklyn, LLC (collectively “Recipients”) for the following limited purpose (the “Purpose”): for monitoring, screening, and testing for COVID-19, contract tracing relating thereto, and promoting the health and safety of BSE’s premises, including Barclays Center. • I understand: that PAGC (or any other BSE testing administrator, as the case may be) and only duly-authorized employees and representatives of the above Recipients will have access to my COVID-19 Testing information; that they will maintain and protect the confidentiality of my COVID-19 Testing information to the greatest extent possible; and that they will share such COVID-19 Testing information only to the extent necessary for the Purpose. • I understand that my COVID-19 Testing information and other health information can be used or disclosed when required by law, and that it may be shared with a public health authority or regulatory agency that is authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability, and conducting public health surveillance, investigations, or interventions. • I understanding that any health care provider, including any designated testing provider or laboratory, is required by law to protect my health information. By clicking the “AGREE” button below, I agree to the following: • I have read and understood this Authorization and had ample opportunity to ask questions (which may be directed to nets_safety_health@poweranalytics.com); • I certify that this request has been made freely, voluntarily, and without coercion; and • I understand that if I request from nets_safety_health@poweranalytics.com, I will receive a copy of this Authorization after I click the “AGREE” button below. • To the extent applicable, I affirm that I am the parent or guardian of the minor on behalf of whom I am clicking the “AGREE” button below; I have the authority to provide the authorization described above; I have read and I understand this Authorization; and I agree to indemnify the Recipients from and against any liability arising out of any claim of any invalidity of this affirmation. 2. WAIVER AND GENERAL RELEASE OF LIABILITY “You” or “Your” means the person who by accepting this Waiver and General Release is receiving a medical test. “We” and “Us” means Power Analytics Global Corporation, a Delaware corporation, and its affiliates. You hereby acknowledge and are aware that You are accepting this Waiver and General Release in anticipation of receiving a medical test to determine whether You have active COVID-19 (i.e., are “positive” for COVID-19) (a diagnostic “PCR, LAMP, and/or ANTIGEN Test”), and, if such test is “positive,” then such result will be shared with all applicable public health authorities pursuant to law and may also be shared with Brooklyn Nets, LLC, Brooklyn Events Center, LLC, and/or AEG Management, LLC. The COVID-19 testing does not include an antibody test. You are voluntarily participating in these activities and assume all risk of injury that might result therefrom. You understand that the testing process and test results have inherent risks and uncertainties. You acknowledge and agree that there are no guarantees as to the sufficiency or accuracy of the tests. You agree to strictly follow the instructions given by the testing associate during the testing process. If You test negative for COVID-19 via the PCR, LAMP, and/or ANTIGEN Test (and otherwise complete all applicable health and safety requirements), You will be permitted to use your ticket to enter Barclays Center. You hereby acknowledge that the testing associate may need to touch or otherwise make physical contact with You in order to administer the test. You acknowledge and accept that such contact is intended to be professional and will not be construed or interpreted to be inappropriate, and You hereby consent to such physical contact. You further agree that if, at any time, You are not comfortable with the testing associate making physical contact, You are responsible for requesting termination of the services. You expressly release Us, Brooklyn Nets, LLC, Brooklyn Events Center, LLC, the National Basketball Association, AEG Management Brooklyn, LLC, and their respective owners, affiliates, officers, directors, members, managers, employees, contractors, agents, representatives, successors, assigns, and all other persons and entities associated with any of the foregoing entities or persons (collectively, the “Released Parties”) in connection with the good faith administration of the medical tests described herein. You agree to hold the Released Parties harmless from any claims related to or arising out of or in connection with the activities described herein. You further acknowledge that You have the express authority to enter into this Waiver and General Release. To the extent applicable: You affirm that You are the parent or guardian of the minor on behalf of whom You are clicking the “AGREE” button below; You have the authority to provide the waiver and release described above (including on behalf of any minor child); You have read and You understand this waiver and release; and You agree (including on behalf of any minor child) to indemnify the Released Parties from and against any liability arising out of any claim of any invalidity of this affirmation. BY CLICKING THE “AGREE” BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED, READ, AND UNDERSTOOD THE TERMS AND CONDITIONS CONTAINED ABOVE.
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Agree
NOTICE AND AUTHORIZATION FOR USE AND DISCLOSURE OF COVID-19 RELATED INFORMATION (“Authorization”)
The health and safety of Brooklyn Events Center, LLC d/b/a BSE Global (“BSE”), and its employees, officers, directors, managers, partners, members, shareholders, agents, and contractors is a top priority for BSE. As the COVID-19 virus continues to evolve and spread, BSE, together with its partners and consultants is implementing certain COVID-19 screening, monitoring, testing, and safety measures based on recommendations from the Centers for Disease Control and Prevention (“CDC”) and other public health authorities. BSE’s COVID-19 health and safety measures and game day protocols may involve, at various times, at frequencies determined by BSE or by a designee of BSE: (i) body temperature screenings; (ii) health monitoring and symptom screening questionnaires; (iii) diagnostic COVID-19 testing (e.g., molecular reverse transcription-polymerase chain reaction (RT-PCR) and/or antigen point of care); and/or (iv) other COVID-19 related health screening or monitoring (collectively “COVID-19 Testing”). The COVID-19 Testing does not include an antibody test and BSE will not use the results of antibody tests to make employment related decisions. To prevent the spread of COVID-19 and reduce the potential risk of exposure and direct threat to BSE and its workforce, BSE and its partners are conducting COVID-19 Testing of BSE’s workforce for the purpose of health and safety. The intended purposes of the COVID-19 Testing is to assist BSE to prevent or lessen the direct threat of harm that COVID-19 poses to the health and safety of BSE’s workforce and the population with whom the workforce may interact. Certain of the COVID-19 Testing may be conducted by a medical staffing company or a health care provider and BSE may retain third parties to facilitate the COVID-19 Testing, including but not limited to Power Analytics Global Corporation and its subsidiaries and affiliated companies (“PAGC”). BSE is collecting this personal information and providing this notice pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), California Civil Code Sections 1798.100 et seq., and any other applicable data protection laws. By my signature below, I hereby authorize the use and/or disclosure of my COVID-19 Testing information and related health information as follows: · This Authorization becomes effective immediately upon my signature and shall expire on the later of (a) December 31, 2021 or (b) one year from the date of my signature. I may revoke this Authorization at any time prior to its expiration date by sending a written revocation notice to BSE at: BSE Global, 168 39th Street, 7th Floor, Brooklyn, New York 11232, Attention: Chief Legal & Compliance Officer, Email: jgewirtz@bseglobal.net. · This Authorization is voluntary and I may refuse to sign it. However, the COVID-19 Testing is being performed by PAGC at BSE’s request. If I do not sign the Authorization, I am not eligible to receive COVID-19 Testing through BSE’s COVID-19 Testing program and, as a result, may not be allowed access to BSE’s premises (e.g., Barclays Center) or other work locations. · I acknowledge that some of the COVID-19 Testing does not provide a diagnosis of my health status, including whether I have the COVID-19 virus or any other illness or condition; BSE is not providing me with medical treatment or medical advice. · I authorize BSE, AEG Management Brooklyn, LLC, and/or the designated testing provider (e.g., PAGC) to disclose (release) my COVID-19 Testing information to the following entities, as applicable to my 2 employment and services with respect to Barclays Center: Brooklyn Events Center, LLC; Brooklyn Nets, LLC; AEG Management Brooklyn, LLC; Levy Premium Foodservice Limited Partnership; Collins Building Services, Inc.; Titan Global LLC; Michael Stapleton Associates, Ltd. d/b/a MSA Security; Schindler Elevator Corporation; 4Wall Entertainment, Inc.; and Green Line Group, Inc. (collectively “Recipients”) for the following limited purpose (the “Purpose”): for monitoring, screening, and testing for COVID19 and promoting the health and safety of BSE’s workplaces, including Barclays Center. · I understand: that only duly-authorized employees and representatives of BSE and the above Recipients will have access to my COVID-19 Testing information; that they will maintain and protect the confidentiality of my COVID-19 Testing information to the greatest extent possible; and that they will share such COVID-19 Testing information only to the extent necessary for the Purpose. · I understand that my COVID-19 Testing information and other health information can be used or disclosed when required by law, and that it may be shared with a public health authority or regulatory agency that is authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability, and conducting public health surveillance, investigations or interventions. · I understanding that any health care provider, including any designated testing provider or laboratory, is required by law to protect my health information. By signing this Authorization I agree to the following: · I have read and understood this Authorization and had ample opportunity to ask questions; · I certify that this request has been made freely, voluntarily, and without coercion; and · I understand that if I request from my Recipient employer, I will receive a copy of this Authorization after I sign it.
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Agree
Accept and Submit