TEAM KARATE CENTERS RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
I, hereby acknowledge that I have voluntarily applied to purchase a membership at Team Karate Centers (TKC) in order to receive instruction and training in martial arts and/or related activities and/or other recreational activities.
By signing this Release of Liability and Indemnity Agreement, I acknowledge that I have chosen to participate in martial arts training and/or instruction and/or related activities and/or other recreational activities, including, but not limited to, kicking, punching, grappling, full-contact sparring, rock climbing, running, jumping, tumbling, weight lifting and other training exercises, and/or any other activity which TKC, its staff, its instructors (whether those instructors are paid by TKC or are teaching martial arts on a voluntary basis), and/or all their successors, heirs, assigns, directors, officers, partners, investors, shareholders, members, agents, employees, owners, landowners, parent and subsidiary companies, and affiliated companies deem necessary, convenient, or helpful in furtherance of martial arts training and/or instruction and/or related activities and/or other recreational activities.
I am in good physical condition and know of no reason why I cannot study, practice, train, perform, and/or participate in martial arts training and/or instruction and/or related activities and/or other recreational activities (collectively the sport).
I agree to answer the following 4 questions daily, within 6 hours of the student's scheduled class start time:
- Does the student have symptoms of fever, cough, shortness of breath, sore throat, or diarrhea?
- Has the student had close contact in the last 14 days with an individual diagnosed with COVID-19?
- Has the student traveled via airplane internationally or domestically in the last 14 days?
- Has the student performed a self-check of their temperature (below 100.4 degrees) within 6 hours of class start time?
I ALSO AGREE THAT UNLESS ALL 4 OF THE PRECEDING QUESTSIONS ARE ANSWERED "NO", THE STUDENT WILL NOT ENTER TKC OR ATTEND CLASSES.
I understand that participation in the sport involves inherent risks that may result in GRAVE INJURY AND/OR EXPOSURE TO COMMUNICABLE DISEASE and/OR DEATH to me. Despite these and all other risks, and TO THE FULLEST EXTENT ALLOWED BY LAW, I AGREE TO EXPRESSLY ASSUME ALL RISKS OF INJURY AND DEATH which might be associated with or arise out of my participation in the sport, my membership at TKC, and my use of TKC facilities or outside facilities or areas utilized by TKC for or related to or arising out of the sport.
In consideration for my membership at TKC and my participation in the sport, I AGREE TO RELEASE FROM ANY LEGAL LIABILITY AND AGREE NEVER TO SUE TKC, its staff, its instructors (whether those instructors are paid by TKC or are teaching martial arts or participating as instructors in the sport on a voluntary basis), other people who have purchased membership at TKC, and all their successors, heirs, assigns, directors, officers, partners, investors, shareholders, members, agents, employees, owners, landowners, parent and subsidiary companies, and affiliated companies (collectively the members) for injury and death resulting from my participation in the sport, regardless of the cause, including the NEGLIGENCE or ALLEGED NEGLIGENCE of the members. I further AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS the members for any claims, lawsuits, damages, attorney fees, costs, or judgments arising out of my participation in martial arts training and/or instruction and/or related activities and/or other recreational activities.
COVID-19 and Other Communicable Diseases
I acknowledge that receiving such services will place me in close proximity with other individuals and in contact with surfaces or areas that may have been handled, touched, or otherwise contacted by other individuals. Due to the nature of the services, client acknowledges that recommended social distancing may not be followed at all times during such services, and that surfaces and other areas or items with which I may come in contact with may not be free of pathogens or other contaminants. I acknowledge that cases of the disease known as COVID-19, caused by contraction of the novel coronavirus, have been confirmed throughout the United States and that the virus is highly contagious. By electing to receive services, I acknowledge and fully assume all risk that I may be exposed to and contract COVID-19 or any other communicable disease or illness, including as a result of actions or inactions by the staff performing the service, TKC, or any other third parties.
Representations, Warranties and Covenants
I represent and warrant to that during the past 14 days, I have not (i) experienced any symptoms of COVID-19, including without limitation, fever, cough, or shortness of breath, (ii) been in contact with anyone with a suspected or diagnosed case of COVID-19, (iii) visited an area subject to a CDC Level 3 Travel Health Notice, (iv) been exposed to any person who visited an area subject to a CDC Level 3 Travel Health Notice in the 14 days preceding the exposure, (v) been informed or otherwise been given reason to believe that I have or may have contracted COVID-19, nor (vi) been informed or otherwise been given reason to believe that I have or may have been exposed to the novel coronavirus. I hereby covenant and agree that if at any time the representations and warranties in this Release cease to be true, I will voluntarily refuse to (1) make further appointments (2) visit within TKC.
By electing to receive services at any time during 2020, I, individually and on behalf of my heirs, successors, representatives, assigns, and any other person acting on my behalf (collectively, the"Releasors") expressly agree to assume and accept all risk arising from or relating to the services provided, including without limitation, any injury (including, but not limited to, bodily injury, contraction of COVID-19 or any other infectious disease, incapacity or death), irrespective of the cause thereof, including as a result of actions or in actions by other beauty professionals (Licensees), or TKC.
I UNDERSTAND THAT THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER, and will apply at any and all times that I participate in the sport, whether past, present, or future, under the direction of or with the implied or actual consent of or in conjunction with or with the participation any of the members, and that if at any time I cease to pay TKC for membership, this RELEASE OF LIABILITY will continue to be applicable. I understand that this RELEASE OF LIABILITY will prevent me, my children, my spouse, or my heirs from filing suit or making any claim for damages in the event of injury or death arising from my participation in the sport which may occur under the direction of or with the implied or actual consent of or in conjunction with or with the participation of any of the members. Additionally, in the event that I or any of my agents, heirs, attorneys, legal representatives, or assigns files a claim or lawsuit arising out of or relating in any way to my participation in the sport, I AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS the members for any damages, attorneys fees, or costs arising out of such a claim or lawsuit. With full understanding of this agreement, I nevertheless enter into it freely and voluntarily and agree that it is binding upon me, my child, my heirs, my spouse, my agents, and my assigns. It is my intention that this release will be effective to bar any and all claims, of any kind, known or unknown, suspected or unsuspected, arising out of or related to the Activities. I expressly waive all rights under California Civil Code §1542, which reads:
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
I further understand and agree that TKC does NOT PROVIDE A REFUND (partial or otherwise) in the event that I am unable to participate in the sport during any time period which membership at TKC has been pre-paid. All funds paid to TKC, whether for clothing, fitness supplies, membership dues, or for any other purpose, are NON-REFUNDABLE.
In the event of an emergency, I hereby authorize TKC to administer emergency treatment to me for any accident or illness and to act in my stead in approving necessary medical care. I also authorize any licensed medical personnel to perform any accepted medical procedure and/or treatment deemed necessary and reasonable under the circumstances, and I also agree to bear the expense of any such medical procedure and/or treatment, and to DEFEND AND INDEMNIFY TKC and the members from any costs arising out of or related to such medical procedure and/or treatment.
I also agree that any legal claim by me, my heirs, or assigns against TKC or its members that relates in any way to my participation in the sport will filed in the Los Angeles Superior Court, in the Chatsworth Courthouse, located at 9425 Penfield Ave., Chatsworth, CA 91311. Any lawsuit relating in any way to my participation in the sport will be governed by the laws of California.
I agree that if any provision of this Agreement is held invalid, the balance of the agreement will be held in full force and effect and will be valid and enforceable.
I agree that this document has not been executed in reliance upon any promise, representation, or warranty that is not expressly set forth herein. This document contains the entire understanding and agreement between the parties hereto with respect to the matters referred to herein. No prior or contemporaneous representations, warranties, promises, undertakings or agreements, oral or written, respecting the matters referred to herein, which are not specifically incorporated herein, shall be deemed in any way to exist or bind the parties hereto. This document shall not be modified by any oral representation made before or after the execution of this document. Any modifications of this documentmust be in writing, must specifically refer to this document, and must be signed by each of the parties.
I ACKNOWLEDGE THAT I HAVE BEEN GIVEN AN OPPORTUNITY TO FULLY REVIEW THIS DOCUMENT, INCLUDING THE OPPORTUNITY TO HAVE LEGAL COUNSEL OF MY CHOOSING REVIEW IT IF I SO DESIRED, AND I ACKNOWLEDGE THAT I AM SIGNING IT WITH FULL UNDERSTANDING OF ITS TERMS AND CONDITIONS, INCLUDING ANY AND ALL RESPONSIBILITIES AND RISKS I ASSUME AS A RESULT OF SIGNING IT, AND THAT I HAVE BEEN GIVEN A COPY OF THIS DOCUMENT IF I HAVE SO REQUESTED.
If the prospective member is under eighteen years of age, he/she must have a parent or legal guardian read and sign this document, verifying that the parent/legal guardian has read, understands, and agrees to comply with this agreement personally and for and on behalf of the underage prospective member. The parent/legal guardian further agrees that his/her child is in good physical condition and he/she knows of no reason why the child cannot participate in the sport.