Liability Disclaimer
I HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge the Jue's Taekwon-Do and its agents, employees, officers, directors, affiliates, successors and assigns, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises of, or for the benefit of Jue's Taekwon-Do provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.
I understand that the activities, in which I will participate, are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. I understand that martial art involves close bodily contact with others for training purposes. On behalf of myself, my heirs, assigns, administrators, executors and next of kin, I waive all claims for damages, injuries and death sustained to me or my property, that I may have against the aforementioned release party to such activity, including claims of tort, contract, equity or otherwise.
I acknowledge, agree and represent that I understand the nature of MARTIAL ARTS activities and that I am qualified, in good health, and in proper physical condition to participate in such activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activity.
By this Waiver, I assume any risk, and take full responsibility and waive any claims of personal injury; death or damage to personal property associated with MARTIAL ARTS including but not limited to using the facility and its equipment in any manner, form or fashion, and practicing and/or engaging in any MARTIAL ARTS activities, events or other related activities on and off the premises.
I hereby RELEASE AND DISCHARGE Jue's Taekwon-Do, its owners, employees, managers, members and agents [collectively the “Released Parties”] from any and all liability, claims, demands or causes of action that I may have for injuries and damages arising out of my participation in the classes [ the “Activity”], including but not limited to, losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or other losses sustained as a result of my participation in the Activity.
I understand and acknowledge that the Activity has inherent dangers, including contracting the Covid 19 virus, that no amount of care, caution, instruction, or expertise can eliminate and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN THE ACTIVITY WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. I acknowledge that I have a better knowledge and understanding of my health and my ability to do the Activity than the Released Parties have, and I acknowledge that I should consult a physician before undertaking the Activity to determine if it is safe for me to do. I hereby expressly recognize that this Agreement & Release of Liability is a contract pursuant to which I have released any and all claims against the Released Parties . I HAVE READ THIS AGREEMENT & RELEASE OF LIABILITY, FULLY UNDERSTAND ITS CONTENTS AND MEANING, AND SIGN IT OF MY OWN FREE WILL.
I agree to refrain (or have my child refrain)from coming to in person classes if there is any sign of illness, such as a fever, cough, congestion, etc.
I hereby RELEASE AND DISCHARGE Jue's Taekwon-Do, its owners, employees, managers, members and agents [collectively the “Released Parties”] from any and all liability, claims, demands or causes of action that I may have for injuries and damages arising out of my participation in the online training and fitness class [ the “Activity”], including but not limited to, losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or other losses sustained as a result of my participation in the Activity. I understand and acknowledge that the Activity has inherent dangers that no amount of care, caution, instruction, or expertise can eliminate, including viruses and pandemics and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN THE ACTIVITY WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. I acknowledge that I have a better knowledge and understanding of my health and my ability to do the Activity than the Released Parties have, and I acknowledge that I should consult a physician before undertaking the Activity to determine if it is safe for me to do. I hereby expressly recognize that this Agreement & Release of Liability is a contract pursuant to which I have released any and all claims against the Released Parties. I HAVE READ THIS AGREEMENT & RELEASE OF LIABILITY, FULLY UNDERSTAND ITS CONTENTS AND MEANING, AND SIGN IT OF MY OWN FREE WILL.
This waiver is governed by California law in the city of Pleasanton and San Ramon, California.
This WAIVER AND RELEASE contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of the Jue's Taekwon-Do whether by agreement, by operation of law, or otherwise.
I have read, understand and fully agree to the terms of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE, I have given up considerable future legal rights. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. I am 18 years of age or older and mentally competent to enter into this waiver.
PHOTO RELEASE FORM
I hereby grant the Jue's Taekwon-Do, their legal representatives and assigns(including any agency, client, or publication), irrevocable permission to publish photographs of me/my child taken at an Jue's TKD facility or event. These images may be published in any manner, including advertising, periodicals, greeting cards, social media and calendars. Furthermore, I will hold harmless the aforementioned , their representatives and assigns, from any liability by virtue of any blurring, distortion or alteration that may occur in producing the finished product, unless it can be proven that such blurring, distortion or alteration was done with malicious intent toward me/my child.
I affirm that I am more than 18 yrs of age and competent to sign this contract. I have read this release and fully understand its contents.
COVID-19 ACKNOWLEDGMENT AND DISCLOSURE
I understand that to enter the studio premises my child must be free from COVID-19 symptoms. If, during the day, any of the following symptoms appear my child will be separated from the rest of the people in the studio. I will be contacted, and my child MUST be picked up from the studio within 15 minutes. Symptoms include,
- fever of 100.4 degrees Fahrenheit or higher
- dry cough
- Shortness of Breath
- Chills
- Loss of taste or smell
- Sore Throat
- Muscle aches -
While many of these symptoms might be non-COVID-19 symptoms we are proceeding with by assuming they are Covid-19 during this Public Health Emergency. These symptoms typically appear 2-7 days after being infected so please take them seriously. You will need to be symptom free for 72 hours before returning to the facility. I understand that my child may be required to wear a mask while in the studio and on studio premises. (Depending on the mandates by the Alameda County Health Department) 5. Each student MUST remove their shoes at the entrance of the facility.
Those shoes will be put into their personal gear bag or left outside.
I will immediately notify Jue's TKD management if I become aware of any person with whom my child or I have had contact exhibits any of the symptoms listed in Number 1 above, is advised to self-isolate, quarantine, or has tested positive, or is presumed positive for COVID-19. Further, I will immediately notify Jue's TKD management if anyone from my place of employment is presumed positive or tests positive for COVID-19 whether or not I have had direct contact with that person.
I understand that Students entering our studio will be in contact with children, families and employees who are also at risk of community exposure. I understand that no list of restrictions, guidelines or practices will remove 100% of the risk of exposure to COVID-19 as the virus can be transmitted by persons who are asymptomatic and before some people show signs of infection. I understand that I play a crucial role in keeping everyone in the facility safe and reducing the risk of exposure by following the practices outlined herein.
By signing on the form with my electronic signature, I certify that I have read, understand, and agree to comply with the provisions listed herein.