Waiver realest and indemnity agreement [important] THIS RELEASE IS A LEGAL CONTRACT BINDING UPON YOU,NCFA, ITS EMPLOYEES, AND ASSOCIATES. READ IT CAREFULLY AND OBTAIN LEAGAL ASSISTANCE IF YOU DONT UNDERSTAND IT.
The undersigned, acknowledged and state that I have voluntarily applied to become a member or guest of and to participate in the activities of NorCal fighting Alliance, including but not limited to, the instruction, techniques and methods commonly known as jiu jitsu, wrestling, boxing, all workout classes, boot camps, weight equipment, kickboxing. I am fully aware these classes and workouts are potentially dangerous. I am voluntarily of my own free will submitting an application for membership, becoming a member, and learning and participating in Norcal fighting alliance methods, with full knowledge and understanding of the serious potential danger and hazards involved. I hereby consent in a great completely to except alone any and all risks of injury or death. I also acknowledge and understand that the performance, practice, and utilization of Nor Cal fighting Alliance methods involve extremely strenuous physical activity, in that I have been advised to consult a position before commencing an undertaking such activity. I hereby represent that, to the best of my knowledge, I am in good health and condition, sufficient to undertake these activities in the meaning and importance of its contents. I acknowledge that this release is a binding contract between Nor Cal Fighting Alliance and it’s associates in that under this contract I am releasing Norcal fighting Alliance, and it’s associates from all liability for claims I may have against them. I further declare and represent that I am at least 18 years of age, that I have full legal capacity to be bound to the contract and that I am signing this contract of my own free will and accord. For all members and employees, this “nondisclosure statement” states that employees and members shall be an exclusive employee or member of nor Cal Fighting Alliance and shall not during membership or employment Engage in any other business activity related to Martial arts or jiu jitsu, boxing, kickboxing or workout classes whether for gain or profit or a pecuniary advantage without the written consent of Nor Cal fighting alliance ownership. The term "Non Compete" as used herin shall mean that the employees or volunteer coaches shall not own, manage, operate, consult or to be an employee or volunteer in a business substantial similar to, or competitive with, the present business of the employer or such other business activity in which the employer might substantially engage during the term of employment or volunteer. the employee or volunteer coach acknowledges that the employer shall or may in reliance of this agreement provide employee or volunteer access to trade secrets, customers and other confidential data, information and good will. employees/ volunteers agrees to retain said information as confidential and not to use said information on his or her behalf or disclose it to any third party. This non-compete agreement shall not extend only for a radius of 20 miles from present location of the employer and shall be in full force and effect for 2 years, commencing with the date of empolyment/ volunteer termination.
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
In consideration for receiving permission to BE ON PREMISES at NorCal Fighting Alliance (hereinafter the “Activity or Activities”), I, on behalf of myself and any minor child/children for whom I have the capacity to contract, hereby acknowledge and agree to the following: 1. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
2. Not withstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Activities.
3. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children form whom I have the capacity contract) David Terrell, Jessica O’Donnell Terrell, JDM & Associates, NorCal Fighting Alliance, LLC, their owners, officers, directors, agents, employees and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the Activities.
4. I 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, the infection of COVID-19 or any other illness or injury.
5. It is my 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 CALIFORNIA. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
IN WITNESS WHEREOF, I have signed this Waiver and Agreement under seal on this day.
THIS AGREEMENT is made and entered in the state of California and shall be in all respects governed and constructed by the laws of the state of California.
IN WITNESS HEREOF, The parties here to have executed or cause the execution of the agreement on the day and year written below.