Waiver and Release of Liability

PLEASE READ BEFORE SIGNING

I, the undersigned, acknowledge and agree that participating in or observing any and all Activities has inherent risks. “Activities” shall mean any and all (i) classes offered by Elite Fencing Club including but not limited to fencing class, conditioning class, exercise session, practices, workouts, private training, and group classes; (ii) activities by me (or my child) within the premises of Elite Fencing Club including but not limited to unsupervised or supervised training, fencing or other forms of sparring or training, and usage of the facilities and equipment; (iii) fencing training and preparation, including but not limited to fencing, footwork, conditioning, or working out, (iv) competitions and other events sponsored by Elite Fencing Club, and (v) participation in competitions and other events sponsored by third parties but participated in by Elite Fencing Club as a team or you as a participant. Such inherent risks include but are not limited to:

 1.    injuries resulting from contact with any person(s) who may come into contact with me (or my child) or from contact with other person(s)/object(s);

2.    injuries resulting from my (or my child) coming into contact with other person(s) or objects including but not limited to person(s), walls, structures, ropes, equipment, or the ground;

3.    injuries that occur from negligence or lack of adequate training;

4.    injuries or death resulting from use of the facility, fencing, or any equipment of Elite Fencing Club, during the engagement of any Activity;

5.    injuries or death resulting from the failure of equipment or poor judgment related to the use of any equipment, including but not limited to treadmill, lifting weights, fencing activities, and any running for practice;

6.    injuries or death resulting from my (or my child’s) physical or health conditions (whether disclosed to the Released Parties or not);

7.    injuries or death caused by terrain, facilities, temperature, weather, condition of participants, equipment, lack of hydration, and actions of other people including, but not limited to, observers, coaches, trainers, students, participants, volunteers, monitors, and/or producers of any Activity;

I am aware of these and numerous other inherent risks to me or my child not listed herein.  I acknowledge that there exists a possibility of physical injury or death in observing or participating in any of the Activities. 

I voluntarily agree, therefore, to assume all risks and complete responsibility and liability for those risks and for any such injury or accident, which might occur to me or my child during any of the Activities as a result of these risks, EVEN IF injuries occur in a manner that is NOT FORESEEABLE at the time I sign this agreement, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of Elite Fencing Club or from dangerous or defective equipment or property owned, maintained, or controlled by Elite Fencing Club.

I realize that by voluntarily assuming the risks involved, I will be SOLELY RESPONSIBLE for any loss or damage I sustain, including PERSONAL INJURIES to me or my child, damage to my or my child’s property, or damage arising out of my or my child’s death.  

I am aware of the potential risk and danger involved in any and all of the Activities and exempt, waive, release, and promise not to sue Elite Fencing Club, its owners, staff, landlords, agents, coaches, volunteers, assistants, employees, contractors, guest coaches, and/or students (the “Released Parties”) from any and all liability claims, demands, or causes of action whatsoever from any damage, loss, injury, or death to me, my children, or property which may arise out of or in connection with any and all of the Activities, whether caused by the negligence of Elite Fencing Club or otherwise.  I hereby indemnify, hold harmless the Released Parties from any and all liability claims, demands, or causes of action whatsoever from any damage, loss, injury, or death to me, my children, or property which may arise out of or in connection with any and all of the Activities, whether caused by the negligence of Elite Fencing Club or otherwise.

I further hereby voluntarily agree to waive my rights and that of my heirs and assigns to hold the Released Parties liable for such damage, loss, injury or death. 

I understand that I should be aware of my or my child’s physical limitations and agree not to exceed them. 

I hereby consent to have my child or myself receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during any Activity. 

I understand while I am or my child is participating in any Activity, I, or my child, may be photographed or videtaped. I agree to allow my photo, video, film, or other such likeness to be used for any legitimate purpose by the Elite Fencing Club.

If I am signing this Waiver and Release of Liability for my child, I certify that I am the parent or legal guardian and have the right to waive these rights.

This Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. 

I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.