I, the undersigned Participant and/or the parent of a minor child Participant for whom I have the capacity to contract, (hereafter referred to as “Participant”) in the martial arts training at the Bel Air Martial Arts & Fitness (hereafter referred to as the “Academy”) and in consideration for being allowed to be a Participant at the said Academy, do hereby acknowledge and agree as follows:
1) That the Participant assumes the risk involved in martial arts training which includes but is not limited to the following: falling, punches, kicks, hitting walls, grappling, and other mixed martial arts activities.
2) That the Participant assumes the risk that he or she may suffer injury, emotional trauma, or death.
3) That insurance coverage is not provided by the Academy.
4) That the Participant is responsible to protect himself or herself and practice safe training at all times.
5) That the Participant understands the hazards of the novel coronavirus (“COVID-19”) and is familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. The Participant acknowledges and understands that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated, and the Participant accepts full responsibility for familiarizing themselves with the most recent updates.
6) That, notwithstanding the risks associated with COVID-19, which the Participant readily acknowledges, he or she hereby willingly choose to participate in martial arts training.
7) That the participant acknowledges and fully assumes the risk of illness or death related to COVID-19 arising from being on the premises and participating in the martial arts training and other activities at the Academy.
8) That the Participant hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of the Participant and any minor children for whom the Participant has the capacity to contract)
Bel Air Martial Arts & Fitness, their owners, officers, directors, agents, employees, instructors, and assigns (hereafter referred to as the “RELEASEES”) from all liability arising from the martial arts training and all activities at the Academy, and from any infections of COVID-19 which might occur as a result of being on the premises of the Academy and/or participating in any activities of the Academy.
9) That the Participant shall indemnify, defend, and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly from the martial arts training, all activities at the Academy, and the infections of COVID-19 or any other illness or injury.
10) It is the Participant’s express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted, and controlled according to the laws of the State of North Carolina. THAT THE PARTICIPANT HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. THE PARTICIPANT ACKNOWLEDGES THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT FOR THE PERMISSION GRANTED BY RELEASEES TO PARTICIPATE IN THE MARTIAL ARTS TRAINING AND TO BE ON THE PREMISES AND PARTICIPATE IN THE ACTIVITIES OF THE ACADEMY.
IN SIGNING THIS AGREEMENT, THE PARTICIPANT ACKNOWLEDGES AND REPRESENTS THAT he or she has read the foregoing Waiver of Liability and Hold Harmless Agreement, understands it, and signs it voluntarily as his or her own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; the Participant is at least eighteen (18) years of age and fully competent; and the Participant executes this Agreement for full, adequate, and complete consideration fully intending to be bound by same.
IN WITNESS WHEREOF, the Participant has signed this Waiver and Agreement under seal.