Independent Contractor Personal Injury

COVID Waiver, Release, and Assumption of Risk

The individual named below (referred to as "I" or "me") has applied for and accepted contract

work as an independent contractor for Shiftsmart, Inc. ( the "Company"). As part of my work, I

will be assigned to client worksites.

1. I am 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 the COVID-19 during the

period of work for the Company. I acknowledge that these risks may result from or be

compounded by the actions, omissions, or negligence of Company employees or others.

I understand that while the Company has implemented measures to reduce the risk of or

spread of the COVID-19, the Company cannot guarantee that I will not become infected

with COVID-19 during my assignments.

NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY

PARTICIPATING IN THE WORK WITH KNOWLEDGE OF THE RISKS INVOLVED. I HEREBY

AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL INJURY,

DISABILITY, DEATH, AND/OR OTHER SHORT-TERM OR LONG-TERM EFFECTS ARISING

FROM THIS WORK, 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 owners, executives, officers, directors, managers,

employees, agents, affiliates, shareholders, successors, and assigns (collectively,

"Releasees"), on account of COVID-19 injury, illness, personal injury, disability, death, or

other damage arising out of or attributable to work assignments, 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 gross negligence,

willful misconduct, or any other liabilities that the 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 work for

Company; and (b) not experiencing symptoms of COVID-19, 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

COVID-19 while on assignment for Company, including, without limitation, requirements

related to hand sanitation, social distancing, and use of face coverings and safety

equipment. I will also follow all instructions, recommendations, and cautions of the

Company at all times during my assignments. If at any time I believe conditions to be

unsafe, that I am no longer in proper physical condition to participate in the assignments,

or I begin experiencing symptoms of COVID-19, I will immediately discontinue further

participation in the assignment.

4. 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 Texas

without giving effect to any choice or conflict of law provision or rule (whether of the

State of Texas or any other jurisdiction).

BY SIGNING AND/OR MARKING ‘YES’, I ACKNOWLEDGE THAT I HAVE READ AND

UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY

GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE

COMPANY.

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