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Registration - Release of Liability
Release of Liability
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Comments
-I acknowledge and agree that this Agreement is intended to release and provide other benefits, legal protections, and consideration to ELITE FORCE WRESTLING and its respective and collective agents, owners, operators, officers, managers, shareholders, affiliates, volunteers, participants, employees, insurers, third party administrators, claims adjusters, successors, predecessors-in-interest, sponsors, manufacturers, contractors, inspectors, trade associations, landlords, lenders and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, “Releasees”).
-I acknowledge and agree that I understand the nature of the activities that are conducted at Elite Force Wrestling’s Facility, located at 9523 Langley Rd, Bakersfield CA (the “Facility”), which include wrestling and other related activities and games (“Activities” or “Activity”); that Participant is physically, mentally, and emotionally qualified to participate in the activities and is capable of understanding and complying with all instructions and safety requirements to participate in the activities.
-I/WE fully understand and acknowledge that there are known and unknown inherent risks and dangers associated with participation in the Activities that cannot be prevented or eliminated regardless of the care taken, caution exercised, or instruction given to avoid injuries. Some of the more common injuries are scratches, scrapes, sprains, and/or broken limbs. But, the injuries may be more severe, including catastrophic injury, partial and/or total disability, paralysis, or death. The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe. These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named below. There may be other risks not known or not reasonably foreseeable at this time. All risks, whether known or unknown, and whether described above or not, are accepted by Participant and/or the parent(s) and/or the legal guardian(s) of the minor Participant.
-I/WE HEREBY acknowledge that THE ACTIVITIES ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
-On behalf of the participant and individually, I/we acknowledge and agree that participation is voluntarily, at our own risk. While wrestling and other activities that take place at the facility are monitored generally, I/we acknowledge and agree that it is not reasonable to expect monitoring of the activities and actions of all participants at all times. Further, I/we understand that the equipment at the facility could suffer from known or unknown defects, and I/we voluntarily assume any such risk. Equipment used at the facility may break, fail or malfunction despite reasonable maintenance and use. Some of the equipment used in activities may inflict injuries even when used as intended. Persons using equipment may lose control of such equipment and cause injury to themselves and to others. I understand that such risks simply cannot be completely eliminated without jeopardizing the essential qualities of the activity. By signing this agreement, I/we take full responsibility for our own actions and health, along with the actions and health of the Participants in our care. I/we acknowledge and agree that the actions or activities of other participants or the actions or inactions of Elite Force Wrestling could cause me or the Participants un our care significant bodily injury (as described above), and that releasees are not responsible for the actions or activities of participants using the facility.
-I/WE acknowledge that I/We have not relied upon any oral or written representation or statements made by Elite Force Wrestling, other than what is set forth in this Release and Waiver.
-I/WE accept and assume all risks and responsibility for all personal injuries and/or property damage caused by Participant’s participation in and/or presence at the Facility, and accept and assume all losses and/or damages caused by or arising from such personal injuries. Elite Force Wrestling will not be liable for any personal injury or property damage resulting from any negligence of Elite Force Wrestling or anyone on Elite Force Wrestling’s behalf, including Elite Force Wrestling’s owners, managers, promoters, members, directors, employees, or any agent of Elite Force Wrestling.
-I/WE HEREBY RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE, AND COVENANT NOT TO SUE Elite Force Wrestling or the Activity holder or facility used by the participant, including its owners, managers, employees, promoters, lessees of premises used to conduct the event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the facility or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as “Releasee” FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS, ACTIONS, SUITS, CAUSES OF ACTION, OBLIGATIONS, DEBTS, COSTS, LOSSES, CHARGES, EXPENSES, ATTORNEYS’ FEES, DAMAGES, JUDGMENTS, AND LIABILITIES, OF WHATEVER KIND OR NATURE, IN LAW, EQUITY OR OTHERWISE, WHETHER NOW KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AND WHETHER OR NOT CONCEALED OR HIDDEN, RELATED TO OR ARISING, DIRECTLY OR INDIRECTLY, FROM MY OR THE MINOR’S ACCESS TO AND/OR USE OF THE ACILITY, PREMISES, AND/OR ITS EQUIPMENT, THE MINOR’S AND/OR MY ENTRY INTO THE FACILITY, THE CONDITION, MAINTENANCE, INSPECTION, SUPERVISION, CONTROL, OR SECURITY OF THE FACILITY, THE FAILURE TO WARN OF DANGEROUS CONDITIONS IN CONNECTION WITH THE FACILITY, AND/OR THE ACTS OR OMISSIONS OF RELEASEES INCLUDING, WITHOUT LIMITATION, ANY CLAIM FOR NEGLIGENCE, FAILURE TO WARN OR OTHER OMISSION, PROPERTY DAMAGE, PERSONAL INJURY, EMOTIONAL INJURY, ANY ILLNESS – INCLUDING BUT NOT LIMITED TO KNOWN OR UNKNOWN INFECTIOUS AND/OR CONTAGIOUS DISEASES, KNOWN OR UNKNOWN EPIDEMICS AND/OR PANDEMICS, KNOWN OR UNKNOWN INTENTIONAL AND/OR NEGLIGENT FAILURE TO QUARANTINE WITHOUT REGARD TO DECLARATIONS MADE OR NOT MADE BY FEDERAL AND/OR LOCAL AUTHORITIES, BODILY HARM, PARALYSIS, OR DEATH, INCLUDING ANY SUCH LOSSES, CLAIMS, OR INJURIES CAUSED OR RESULTING FROM THE SOLE NEGLIGENCE OF RELEASEES.
I AM AWARE OF AND SPECIFICALLY WAIVE THE PROVISION OF CALIFORNIA CIVIL CODE, SECTION 1542, WHICH PROVIDES AS FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
-EACH OF THE UNDERSIGNED further expressly agrees that this Waiver and Release is intended to release Elite Force Wrestling and its owners, managers, promoters, members, directors, employees, or any agent of Elite Force Wrestling from its own negligence and is intended to be as broad and inclusive as is permitted by the law of the state in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
-On behalf of the Participant and individually, the undersigned parent(s) and/or legal guardian(s) for the minor Participant executes this Waiver and Release. If, despite this release, the Participant makes a claim against any of the Releasees, the parent(s) and/or legal guardian(s) will reimburse the Releasees for any money which they have paid to the Participant, or on his behalf, and hold them harmless.
-I/We understand that Elite Force Wrestling reserves the right to remove (without reimbursement to person/persons) anyone from the course that exhibits any behavior that Elite Force Wrestling deems dangerous, threatening, destructive or otherwise abusive towards any Elite Force Wrestling staff, volunteer, other event participant, or to Elite Force Wrestling property.
-I understand that this agreement extends for one (1) year into the future and will have full force and legal effect each and every time the Participant visits the Facility.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
I have read and agree to all terms and conditions above
Parent or Guardian Initials for Consent