RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT WITH PARENTAL CONSENT ("AGREEMENT")
IN CONSIDERATION of being permitted to participate in any way in any event ("Activity") at any time during the current calendar year I, for myself, my personal representatives, assigns, heirs, and next of kin:1. ACKNOWLEDGE, agree, and represent that I understand the nature of the Activity and that I am qualified, in good health, and improper physical condition to participate in such Activity. I further agree and warrant that if, at any time, I believe the conditions to be unsafe, I will immediately discontinue further participation in the Activity.2. FULLY UNDERSTAND that: (a) THIS ACTIVITY INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY,INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("Risks"); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISKS or SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation ,or that of the minor, in the Activity.3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Glasgow Wrestling Academy and Fitness, Inc., their administrators, directors, agents, officers, members, volunteers, and employees, other participants, officials, rescue personnel, sponsors, advertisers, owners and lessees of Premises on which the Activity is conducted, (each of the forgoing shall be considered one of the RELEASEES herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releases, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim. I ACKNOWLEDGE THAT I AM OVER THE AGE OF 18 YEARS, HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS,UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
This section must be signed by Parent/Guardian for any participant under the age of 18.
MINOR RELEASE
AND I, THE MINOR'S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF THE ACTIVITY AND THE MINOR'S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, ANDIN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE,COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE'S FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR'S ACCOUNT CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR'S BEHALF MAKES A CLAIMS AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR ANY COST THAT MAY OCCUR AS A RESULT OF ANY SUCH CLAIM.
Photo Waiver:
I authorize The Glasgow Wrestling Academy and Fitness, Inc., (GWA) to photograph and/or video my child, while at GWA or while participating in an event with GWA. I authorize GWA to use such photos and video footage on the GWA website, social media pages and other promotional materials.
PLEASE READ THIS DOCUMENT CAREFULLY
THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS.This Release and Waiver of Liability (the "Release") executed on the date below by an individual wishing to attend wrestling classes, workouts or camp (the "Wrestler") and the parent having legal custody and/or the legal guardian of Wrestler, if Wrestler is under the age of eighteen (18) (the "Guardian") (when Wrestler is under the age of 18, Wrestler and Guardian shall collectively be referred to as “Wrestler”), in favor of Glasgow Wrestling Academy and Fitness, Inc (hereinafter collectively referred to as the “Company”).
Wrestler desires to attend a wrestling class, workouts, clinic or camp run by Company on Company property and engage in Camp related to being a wrestler (collectively the "Workouts" or “Camp”). Wrestler understands that the Workouts may include but are not limited to the following: sleeping overnight on the premises, eating,wrestling on mats with other wrestlers, counselors and coaches, exercising with and without the use of equipment, and other activities related to learning wrestling skills.
Wrestler understands that the nation is in the midst of the COVID-19 pandemic, COVID-19 which includes but is not limited to SARS-Co-V-2, SARS, MERS, COVID-19, coronavirus, and all other related viruses and mutations thereof (collectively referred to as the “Virus”), all of which present certain unusual health risks that are highly publicized.
Wrestler voluntarily choses to participate in Workouts and the activities associated therewith.Wrestler acknowledges, understands, and agree that there are certain inherent risks and dangers associated with participation in the Workouts, including but not limited to the risk of contracting the Virus, Wrestler knowingly and voluntarily accepts and assumes full responsibility for each of these risks and dangers, as well as all other risks and dangers that could arise out of or occur during participation in the
Workouts.Wrestler does hereby freely, voluntarily, and without duress execute this Release under the following terms:
Release and Waiver. Wrestler does hereby release and forever discharge and hold harmless Company and its successors and assigns from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from Workouts related to the Virus, including but not limited to contracting the Virus while at Workouts. Wrestler understands that this Release discharges Company from any liability or claim that Wrestler may have against Company with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Workouts, whether caused by the negligence of Company,its officers, directors, employees, agents or otherwise. Wrestler also understands that Company does not assume any responsibility for or obligation to provide financial assistance or other assistance including but not limited to medical, health, or disability insurance in the event of death, injury or illness resulting from Workouts whether due to the Virus or otherwise.
Medical Treatment. Wrestler acknowledges that the Company is not a healthcare provider and cannot diagnose or treat illnesses. Consequently, the Company will not diagnose or treat illnesses at their Workouts. Wrestler does hereby release and forever discharge Company from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with Workouts.
Assumption of Risk. Wrestler understands that Workouts include exercises, workouts and other activities that may be hazardous to Wrestler and/or put them in situations where Wrestler is in close contact with other people and surfaces. Wrestler hereby expressly and specifically assumes the risk of injury or harm in the Workouts and releases Company from liability for injury, illness, death, or property damage resulting from the Workouts whether due to exposure to the Virus or otherwise.
Insurance. Wrestler understands that, except as otherwise agrees that Company does not carry health, medical,disability or any other insurance coverage for any wrestler. Each wrestler is expected and encouraged to obtain their own medical or health coverage.
Virus Policy. By signing this Release, Wrestler acknowledges they have received a copy of the Company’s VirusPolicy. Wrestler acknowledges, understands, and agrees that at all times while participating in workouts, clinics,classes of camp, Wrestler will use best efforts to comply with any and all instructions provided by the Company and/or local law enforcement and governmental authorities with respect to maintaining my health and safety,including following CDC Guidelines (e.g. washing hands often, use of hand sanitizer, proper social distancing where possible, wearing appropriate personal protective equipment, covering mouth when coughing or sneezing,and staying home if not feeling well).Wrestler acknowledges that, in the event a wrestler, including the undersigned wrestler, must leave Workouts due to illness, including COVID-19, that the remaining wrestlers who are not ill, including the undersigned wrestler,if not ill may continue to participate in Camp at their own risk. The Company cannot, and will not, cease its business activities including Camp each time a wrestler appears to be ill.
Wrestlers will be temperature tested upon arrival to the premises of the Company and may be sent home if they are experiencing a fever. Wrestlers may also be temperature tested other times while at Workouts and may be sent home if they have a fever, appear ill or exhibit symptoms common to those infected withCOVID-19, MERS or SARS upon arrival or at any time while at Workouts. Wrestler hereby certifies that neither Wrestler nor any member of Wrestler’s household have been to any of the countries listed as having widespread and ongoing transmission of COVID-19 on the CDC’s website with 21-days preceding Wrestlers tarting Workouts.
Other. Wrestler expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Georgia and that this Release shall be governed by and interpreted in accordance with the laws of the State of Georgia. Wrestler agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.