In consideration for being permitted to utilize the facilities, services, and programs of Core Fitness & Martial Arts, Inc for any purpose, including but not limited to observation or use of facilities or equipment, or participation in any program affiliated with Core Fitness & Martial Arts, Inc, without respect to location, the undersigned, for himself or herself and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has, or immediately upon entering or participating will inspect and carefully consider such premises and facilities or the affiliated program. It is further warranted that such entry to Core Fitness & Martial Arts, Inc. for observation or use of any facilities or equipment or participation in such affiliated program constitutes an acknowledgement that such premises and all facilities and equipment thereon and such affiliated programs have been inspected and carefully considered and that the undersigned finds and accepts same as being safe and reasonably suited for the purpose of such observation, use, or participation. IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER CORE FITNESS & MARTIAL ARTS, INC. FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY PROGRAM AFFILIATED WITH CORE FITNESS & MARTIAL ARTS, INC., THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING: 1. THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the Core Fitness & Martial Arts, Inc its directors, officers, employees, and agents (hereinafter referred to as “releasees”) from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefor on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the releasees or otherwise while the undersigned is in, upon, or about the premises or any facilities or equipment therein, or participating in any program affiliated with the Core Fitness & Martial Arts, Inc. 2. THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned in, upon, or about the Core Fitness & Martial Arts, Inc premises or in any way observing or using any facilities or equipment of Core Fitness & Martial Arts, Inc or participating in any program affiliated with Core Fitness & Martial Arts, Inc whether caused by the negligence of the releasees or otherwise. 3. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE due to negligence of releasees or otherwise while in, about, or upon the premises of Core Fitness & Martial Arts, Inc and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with Core Fitness & Martial Arts, Inc. 4. THE UNDERSIGNED HEREBY AGREES TO SUPERVISE AND BE RESPONSIBLE FOR MY MINOR GUESTS. THE UNDERSIGNED further expressly agrees that the forgoing RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of North Carolina and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I authorize Core Fitness & Martial Arts, Inc to use photos, and or other likeness of myself and/or my child or the child for whom I have legal guardianship, for any promotional materials regarding Core Fitness & Martial Arts, Inc programs, facilities or services. Such likeness will not be sold to other parties. Promotional materials bearing these likenesses may be distributed for free to the public and posted on the Core Fitness & Martial Arts, Inc website. Core Fitness & Martial Arts, Inc reserves the right to use any photo or likeness for a time period beginning when this form is signed and ending upon written request of participant, parent or legal guardian. Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Core Fitness & Martial Arts, Inc has put in place preventative measures to reduce the spread of COVID-19; however, we cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Core Fitness & Martial Arts, Inc may result from the actions, omissions, or negligence of myself and others, including, but not limited to participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at Core Fitness & Martial Arts, Inc or participation in the attractions (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Kersey Valley, Inc , its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Core Fitness & Martial Arts, Inc, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any activity at Core Fitness & Martial Arts, Inc. I HAVE FULLY READ AND UNDERSTAND THE RELASE OF LIBILITY AND ASUMPTION OF RISK AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I RELEASE CORE FITNESS & MARTIAL ARTS, INC. FROM ANY LIABILITY AND FULLY UNDERSTAND ALL RIGHTS ARE GIVEN UP BY SIGNING BELOW AND SIGNING IT VOLUNTARILY ON MY OWN FREE WILL. I Agree December 29, 2024 |