LIABILITY WAIVER, ASSUMPTION OF RISK, RELEASE, AND INDEMNIFICATION AGREEMENT
I, , as the parent or guardian of the minor participant named below, for myself and on behalf of my child/ward, heirs, assigns, personal representatives and next of kin, EXPRESSLY AND FREELY ACKNOWLEDGE AND AGREE as follows:
That participation in the practice and training of kung fu, wushu, other martial arts and fitness activities (collectively, the “Program”) is a DANGEROUS ACTIVITY that involves known and unknown risks of serious personal injury, including permanent disability or death, and damage or loss of personal property. I knowingly and voluntarily assume all risks associated directly or indirectly with my child’s/ward’s participation in any activity at the Company premises located at 12932 Venice Blvd., Los Angeles, CA 90066 (the “Premises”) or through remote instruction by Company, including classes, traveling to and from the Premises, entering and exiting the Premises, using equipment at the Premises, interacting with other persons at or around the Premises, and/or using facilities within the Premises, including restrooms. I hereby agree to ASSUME ALL RISK of serious personal injury, permanent disability, death, and/or damage to or loss of personal property resulting from/or in any way connected with preparation for or participation in the Program activities. I further acknowledge and agree that I am assuming all risks associated with participation in the Program on behalf of my child/ward to the fullest extent permitted by law.
To RELEASE, WAIVE AND FOREVER DISCHARGE NICHOLAS SPENCER AND ENTER MARTIAL ARTS LLC (collectively, “Company”), its affiliates, assignees, designees, subsidiaries, related and affiliated companies, organizations, officers, employees, agents, and all others acting by or through it (collectively, the “Released Parties”) from any and all claims, loss, demands, damages, expenses (including, without limitation, attorneys’ fees incurred by the Released Parties in connection with any claim or lawsuit brought in violation of this Agreement), lawsuits, causes of action and judgments, whether foreseen or unforeseen, known or unknown, present or future, resulting from, arising out of, or in any way connected with my child’s/ward’s preparation for or participation in the Program activities on any legal theory whatsoever, including, but not limited to, any claims for personal injuries, including death, illness, and/or damage to or loss of personal property, infringement of rights or publicity or misappropriation (such as any allegedly improper or unauthorized use of my child’s/ward’s name or likeness or image), intrusion (such as any allegedly offensive behavior or questioning or any invasion of privacy), whether caused in whole or in part by the ordinary NEGLIGENCE and/or FAULT of the Released Parties or otherwise (collectively, the “Claims”).
To INDEMNIFY, DEFEND, and HOLD HARMLESS the Released Parties from any and all Claims, including claims brought by or on behalf of the participant or any third party, that arise from participation in the Program activities to the fullest extent authorized by law. I further agree to indemnify, defend, and hold harmless the Released Parties from any claims brought by or on behalf of my child/ward arising out of participation in the Program activities.
In the event of injury or medical emergency, I authorize Company to obtain emergency medical care for my child/ward if necessary, including transportation and treatment. I understand that I am responsible for any and all costs associated with such care.
To AUTHORIZE THE RIGHT AND UNRESTRICTED PERMISSION CONCERNING ANY PHOTOGRAPHS OR VIDEOS COMPANY HAS TAKEN OF MY CHILD/WARD BEFORE, DURING, OR AFTER THE PROGRAM. I agree to give irrevocable, perpetual, and unrestricted right and permission to Company to take, use, reuse, publish, and republish media in whole or in part, individually, or in connection with other material, in any and all media now or hereafter known, including the Internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and publicity, without restriction to alteration. I also consent to the use of my child’s/ward’s name, likeness, voice and biographical material in connection with the Program’s publicity and related institutional promotional purposes and to use, reproduce, edit, exhibit, project, display, copyright, publish and/or resell photographic images and/or moving pictures and/or videotaped images of my child/ward with or without voice, or in which my child/ward may be included in whole or in part, photographed, taped, videotaped, and/or recorded on the effective date of this Agreement, beforehand and thereafter, and to circulate the same in all forms and media for art, advertising, trade, competition of every description and/or any other lawful purpose whatsoever without further approval. I shall have no claim for any sums based upon the Program, and forever relinquish any claim to share in any profits, revenues or any other monies of any nature or source whatsoever derived from the Program or any other media derived therefrom or related thereto.
That I HAVE READ THIS LIABILITY WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT, AND FULLY UNDERSTAND ITS TERMS. I understand that by entering into this Agreement I am giving up substantial rights, including the right to sue. I also understand that entering into this Agreement is a condition precedent to and is consideration for the privilege of my child’s/ward’s participating in the Program. I acknowledge that this is the final agreement regarding the issues raised herein. I acknowledge that I am signing this agreement freely and voluntarily, and intend by my signature to make a complete and unconditional release of all liability to the greatest extent allowed by the laws of the State of California.
COMMUNICABLE DISEASE: I acknowledge that communicable diseases, including viral or bacterial infections, may be present in the community and may be transmitted in group settings such as the Program. I understand that such diseases can cause serious and potentially life-threatening illness and even death. I understand and acknowledge that Company cannot guarantee my child’s/ward’s safety or immunity from exposure, and that exposure may occur through contact with other participants, instructors, equipment, or surfaces. I fully understand, acknowledge and appreciate these risks and how they may impact my child’s/ward’s health. I fully understand and appreciate both the known and potential dangers of being present on the Premises, using Company equipment, and participating in the Program and acknowledge that doing so may result in exposure to communicable disease, which could result in quarantine requirements, serious illness, disability and/or death.
I represent and attest that:
My child/ward is not experiencing any symptoms of illness. My child/ward does not have a fever or cough and is not experiencing shortness of breath. If my child/ward develops symptoms of illness or I have reason to believe my child/ward may be contagious, I agree that my child/ward will not attend or participate in any class at the Premises, or otherwise enter or be physically present at or near the Premises.
I agree to follow any and all safety protocols that have been or will be implemented by Company, including those that are posted on the Premises and those that are sent to me electronically including by text message, SMS and/or email, as well as those posted on the Company website. I acknowledge that Company may change these protocols at any time and I agree to abide by any and all such changes.
I am and will continue to follow state, local, and Company guidelines.
To the maximum extent permitted by law, I waive any and all rights I may have under Section 1542 of the Civil Code of California, and every like provision in any foreign jurisdiction. Section 1542 provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
This Agreement shall be interpreted under the internal, substantive law of the State of California without regard to the conflicts of law provisions thereof. To the extent that court proceedings are required, commenced or maintained, I exclusively submit to the in personam jurisdiction of the Superior Court of California located in the County of Los Angeles and the United States District Court for the Central District of California, and waive any objection that I may have as to jurisdiction or venue in any such courts. This is the complete and binding agreement between Company and me, and it supersedes all prior understandings and communications, both oral and written, with respect to its subject matter. The illegality, invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any of the remainder of this Agreement, which shall be enforced to the maximum extent permitted by law. This Agreement cannot be terminated, rescinded or amended, except by a written agreement signed by both Company and me. This Agreement may be executed by original, facsimile or electronic signature.
I hereby represent and warrant that I am the parent or guardian of the minor whose name appears below, that I have full power and authority to enter into this Agreement and carry out my obligations, and that I have read this Agreement and am familiar with its terms. I hereby give my express consent to my child’s/ward’s participation in the Program and to the execution of this Agreement on my child’s/ward’s behalf. I hereby release the Released Parties as defined above from any claims and causes of action I may have against them of any nature whatsoever.
I HAVE READ THIS LIABILITY WAIVER, RELEASE, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Name of Minor Participant: {name}
Date of Birth of Minor Participant: {dob}
Name of Parent/Guardian Signing the Document:
Parent/Guardian Email Address:
Parent/Guardian Phone Number:
Date Signed: {sign_date}
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