LIABILITY WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT FOR U.C. MARTIAL ARTS PROGRAM CLUB WORKOUT FALL 2021-SUMMER 2022
IN CONSIDERATION OF THE PRIVILEGE OF PARTICIPATING IN U.C. MARTIAL ARTS PROGRAM ("UCMAP") CLUB WORKOUTS, FOR MYSELF, AND FOR MY HEIRS, CHILDREN, PARENTS, GUARDIANS, EXECUTORS, PERSONAL REPRESENTATIVES, ASSIGNS AND ADMINISTRATORS, I FOREVER RELEASE, ACQUIT, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE UNIVERSITY OF CALIFORNIA, THE UNIVERSITY OF CALIFORNIA MARTIAL ARTS PROGRAM, OR ITS INSTRUCTORS OR MANAGERS, OR ANY OTHER PERSONS OR ORGANIZATIONS INVOLVED IN THE U.C. MARTIAL ARTS PROGRAM, OR ANY OF THE UNIVERSITY OF CALIFORNIA’S REGENTS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, OR ATTORNEYS. I FURTHER AGREE TO HOLD EACH OF THEM HARMLESS AND TO INDEMNIFY EACH OF THEM FROM LIABILITY ARISING FROM ANY AND ALL CLAIMS (INCLUDING FOR THE NEGLIGENCE OF ANY OF THEM THAT MAY RESULT IN PERSONAL INJURY, ACCIDENT, ILLNESS OR DEATH), DEMANDS, COSTS, DAMAGES, ACTIONS, CAUSES OF ACTION, OR SUITS OF ANY NATURE OR KIND THAT ARE IN ANY WAY RELATED TO MY PARTICIPATION IN SUCH CLUB WORKOUTS.

I ACCEPT RESPONSIBILITY TO PAY FOR ANY AND ALL FINANCIAL OBLIGATIONS INCURRED AS A RESULT OF ANY MEDICAL ASSISTANCE OR TREATMENT PROVIDED IN CONNECTION WITH THE TREATMENT OF ANY INJURIES THAT I MAY SUSTAIN FROM PARTICIPATING IN UCMAP'S CLUB WORKOUTS.

I VERIFY THAT MY PHYSICIAN HAS EXAMINED ME AND CERTIFIED THAT I AM IN GOOD PHYSICAL CONDITION AND HAVE NO DISEASE OR INJURY THAT WOULD IMPAIR MY PERFORMANCE OR PHYSICAL CONDITION IN PARTICIPATING IN UCMAP'S CLUB WORKOUTS.

I CERTIFY THAT NO COACH, MANAGER, DOCTOR, NURSE, ATHLETE, TRAINER, OR OTHER PERSON HAS ADVISED ME NOT TO PARTICIPATE IN UCMAP'S CLUB WORKOUTS.

I FURTHER CERTIFY THAT I AM FAMILIAR WITH THE RULES OF THE SPORT AND ART OF KARATE/JUDO/TAEKWONDO/TAIJI/WUSHU/YONGMUDO. I AM AWARE THAT THERE IS A HIGH RISK OF INJURY BY THE VERY NATURE OF THE SPORT AND ART AND THAT I MAY BE INJURED EVEN PRACTICING TECHNIQUES IN MY OWN HOME OR THAT OF ANOTHER THROUGH INSTRUCTION.

I AM AWARE OF THE CORONAVIRUS (COVID-19), AS WELL AS THE CURRENT RAPID SPREAD OF THE DELTA VARIANT, AND THE POSSIBILITY OF OTHER CONTAGIOUS VARIANTS. I UNDERSTAND THAT UCMAP STRONGLY ADVISES ME TO OBTAIN INFORMATION ABOUT COVID-19 BY VISITING https://www.cdc.gov/coronavirus/2019-ncov/index.html

COVID-19 MAY CAUSE SEVERE ILLNESS AND EVEN DEATH. CALIFORNIA HAS COMMUNITY SPREAD OF COVID-19. COVID-19 IS A VIRAL ILLNESS THAT SPREADS FROM PERSON TO PERSON VIA VARIOUS METHODS, INCLUDING BUT NOT LIMITED TO AIRBORNE PARTICLES AND TOUCH. SYMPTOMS CAN RANGE FROM MILD (OR NO SYMPTOMS) TO SEVERE ILLNESS AND DEATH. A PERSON CAN BECOME INFECTED BY COMING INTO CLOSE CONTACT (ABOUT SIX FEET) WITH SOMEONE WHO HAS COVID-19. A PERSON MAY BECOME INFECTED FROM RESPIRATORY DROPLETS WHEN AN INFECTED PERSON COUGHS, SNEEZES, OR TALKS. ONE MAY ALSO BECOME INFECTED BY TOUCHING A SURFACE OR OBJECT WITH THE VIRUS ON IT, AND THEN TOUCHING ONE’S FACE.

THE BEST PROTECTION IS TO AVOID BEING EXPOSED TO THE VIRUS THAT CAUSES COVID-19. THE U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION’S (CDC’S) COVID-19 GUIDANCE SUGGESTS, IN RELEVANT PART: GETTING VACCINATED, WEARING A MASK, STAYING SIX FEET AWAY FROM OTHERS, AVOIDING CROWDS AND POORLY VENTILATED SPACES, FREQUENT HAND WASHING, COVERING COUGHS AND SNEEZES, CLEANING AND DISINFECTING SURFACES, AND MONITORING ONE’S HEALTH DAILY.

EVERYONE IS AT RISK OF GETTING COVID-19. OLDER ADULTS AND PEOPLE WITH SERIOUS UNDERLYING MEDICAL CONDITIONS MAY BE AT HIGHER RISK FOR MORE SEVERE ILLNESS.

I UNDERSTAND THAT IF I USE ANY UCMAP FACILITY, OR OF IF I ENGAGE IN MARTIAL ARTS TRAINING ELSEWHERE WITH OTHER PARTICIPANTS, EVEN OUTDOORS, I MAY CONTRACT COVID-19. BEFORE USING ANY UCMAP FACILITY OR ENGAGING IN ANY UCMAP TRAINING ELSEWHERE WITH OTHERS, I AGREE TO REVIEW REGULARLY THE CDC’S GUIDANCE AND WEBSITE AND THE ALAMEDA COUNTY PUBLIC HEALTH DEPARTMENT’S COVID-19 HOMEPAGE, AVAILABLE AT https://covid-19.acgov.org/index.

I VERIFY THAT I HAVE REVIEWED THOSE SOURCES AND AM WILLING TO ACCEPT THE RISK OF CONTRACTING COVID-19 IN USING ANY SUCH FACILITIES OR IN TRAINING WITH OTHERS ELSEWHERE. I UNDERSTAND AND AGREE THAT TRAINING IN THOSE FACILITIES OR ELSEWHERE WITH OTHERS IS AT MY OWN, SOLE RISK.
UCMAP HAS URGED ME TO CONSULT WITH A MEDICAL DOCTOR REGARDING MY USE OF UCMAP FACILITIES, AS WELL AS REGARDING UCMAP TRAINING THAT MAY BE CONDUCTED OUTDOORS WITH OTHERS.

I AGREE THAT I WILL NOT ENTER OR USE UCMAP FACILITIES, OR ENGAGE IN ANY UCMAP TRAINING IN THOSE FACILITIES OR ELSEWHERE WITH OTHERS, IF I HAVE ANY COVID-19 SYMPTOMS, A FEVER, A COUGH OR FEEL ILL.

I UNDERSTAND THAT UCMAP CANNOT PREVENT ME FROM BECOMING EXPOSED TO, CONTRACTING, OR SPREADING COVID-19 IF I ENTER OR USE UCMAP FACILITIES, OR IF I ENGAGE IN UCMAP TRAINING WITH OTHERS IN THOSE FACILITIES OR ELSEWHERE. IT IS NOT POSSIBLE TO PREVENT THE PRESENCE OF THE DISEASE OR THE POSSIBILITY THAT I MAY BE EXPOSED TO COVID-19 WHILE AT UCMAP’S FACILITIES OR IF I ENGAGE IN UCMAP TRAINING ELSEWHERE WITH OTHERS. THEREFORE, IF I CHOOSE TO ENTER OR USE UCMAP’S FACILITIES OR IF I ENGAGE IN UCMAP TRAINING ELSEWHERE WITH OTHERS, I MAY BE EXPOSING MYSELF TO OR INCREASING MY RISK OF CONTRACTING OR SPREADING COVID-19.

ASSUMPTION OF COVID-19 RISK: I AM AWARE OF AND ACKNOWLEDGE THE SERIOUS RISKS FROM COVID-19. I HAVE READ AND UNDERSTOOD THE ABOVE WARNINGS CONCERNING COVID-19. I HEREBY CHOOSE TO ACCEPT THE RISK OF BEING EXPOSED TO, CONTRACTING OR SPREADING COVID-19 IN ORDER TO BE ALLOWED TO ENTER INTO AND USE UCMAP’S FACILITIES AND TO ENGAGE IN UCMAP TRAINING ELSEWHERE WITH OTHERS. THE USE OF THESE FACILITIES AND SUCH TRAINING ELSEWHERE IS OF SUCH VALUE TO ME THAT I ACCEPT THE RISK OF BEING EXPOSED TO, CONTRACTING, OR SPREADING COVID-19.

I GRANT TO UCMAP AND THE ORGANIZERS OF THIS PROGRAM THE RIGHT TO TAKE PHOTOGRAPHS OR VIDEOS OF ME AND MY PROPERTY DURING OR IN CONNECTION TO THE PROGRAM, AND GRANT TO THEM THE RIGHT TO COPYRIGHT, USE AND PUBLISH THOSE PHOTOGRAPHS OR VIDEOS IN PRINT OR IN ELECTRONIC FORM. I AGREE THAT THEY MAY USE SUCH PHOTOGRAPHS OR VIDEOS WITH OR WITHOUT MY NAME AND FOR ANY LAWFUL PURPOSE, INCLUDING BUT NOT LIMITED TO SUCH PURPOSES AS PRESS, PUBLICITY, ILLUSTRATION, AND ADVERTISING CONTENT.

I HAVE READ THIS LIABILITY WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I UNDERSTAND THAT THIS AGREEMENT IS A CONDITION PRECEDENT TO AND IS CONSIDERATION FOR THE PRIVILEGE OF PARTICIPATING IN UCMAP'S CLUB WORKOUT.

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. IF ANY PORTION OF THIS AGREEMENT IS HELD INVALID, I AGREE THAT THE BALANCE OF IT SHALL NEVERTHELESS CONTINUE IN FULL FORCE AND EFFECT.

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