Excel Taekwondo Center Martial Arts for Kids & Self-Defense Classes in Canoga Park

EXCEL TAEKWONDO CENTER, LLC
STUDENT RELEASE AND WAIVER OF RIGHTS AND LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Please read this form carefully and be aware that by registering for and participating in this program(s) or Event(s), or by registering your minor child / ward for participation in this program(s) or Event(s), you will be waiving your rights and/or the rights of your minor child / ward to all claims for injuries you or your minor child / ward might sustain arising out of this program(s) or Event(s) and you will be required to indemnify, hold harmless, and defend Excel Taekwondo Center, LLC and all the employees and agents thereof for any claims arising out of participation in said programs(s) or Event(s).

IN CONSIDERATION for being permitted to participate in any way in the Martial Arts Program, competitions, activities or other events (hereinafter “Events”) offered by or involving EXCEL TAEKWONDO CENTER LLC, and/or being permitted to enter for any purpose any restricted area (herein defined as any area wherein admittance to the general public is prohibited), the undersigned, on behalf of himself or herself, his or her minor child named below (where the participant is a minor), his or her personal representatives, heirs, and next of kin:

1. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE EXCEL TAEKWONDO CENTER, LLC and its managers, directors, officers, agents and employees, the promoters, participants, instructors, associations, sanctioning organizations, facility owners, officials, rescue personnel, sponsors, and advertisers, lessees of premises used to conduct any Event, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding EXCEL TAEKWONDO CENTER, LLC and/or Events conducted or sponsored by such, (collectively hereinafter “Releasees”), FROM ALL LIABILITY TO THE UNDERSIGNED, his or her personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED OR THE UNDERSIGNEDS MINOR CHILD (where the participant is a minor child) ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

2.  Hereby releases, waives, discharges and covenants not to sue Excel Taekwondo Center, LLC and its managers, directors, officers, agents, employees and facility owners for any personal articles which are damaged, lost or stolen, inside or outside the facility.

3. Acknowledges that participation in any Event in conjunction with Excel Taekwondo Center, LLC, including Events via any online platform, involves risks and dangers which could result in bodily injury, partial and/or total disability and death, whether caused by the negligence of the Releasees or otherwise.

4. Acknowledges that the social and economic losses and/or damages, which could result from the associated risks and dangers described in paragraph 2 above, could be severe. 

5. HEREBY WARRANTS AND REPRESENTS that the student is does not have any known physical, mental or psychiatric conditions which would pose a health risk or any other type of risk to the student, other students, instructors, and bystanders.  FURTHER AGREES that should the undersigned become aware of any such risks he/she/they will immediately notify Excel Taekwondo Center, LLC of the same.

6. 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 arising out of or related to the Event WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

7. Acknowledges, agrees, and represents that the undersigned has or will immediately upon arrival at any Event, and will continuously thereafter, inspect the facilities, Event area, and equipment and further agrees and warrants that, if at any time the undersigned is in or about the Event area and feels anything to be UNSAFE, the participant will immediately advise the officials of such and if necessary will leave the Event area and/or refuse to participate further in the Event.  FURTHER, WHERE THE PARTICIPANT IS A MINOR, the undersigned parent(s) or legal guardians agree and warrant that he/she/they will instruct the minor participant to do so.

8. Acknowledges, agrees and represents that the undersigned or the undersigned’s minor child will abide by the rules and regulations governing the conduct and operation of instruction sessions, students, and observers, in order to promote efficiency, safety, and recognition of the instruction certification, as prescribed by Excel Taekwondo Center, LLC.  Further acknowledges that rules and regulations governing the Excel Taekwondo Center, LLC have been adopted by Excel Taekwondo Center, LLC for their own purposes, and may be changed from time to time without prior notice. I agree to abide by all such rules and regulations as adopted or hereinafter amended.  The hours of operation may be changed at the discretion of the management of Excel Taekwondo Center, LLC.  Excel Taekwondo Center, LLC reserves the right to revoke or terminate any membership for any reason.

9. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, PARALYSIS OR DEATH arising out of or related to the Event whether caused by the NEGLIGENCE OF THE RELEASEES or otherwise. Further acknowledges that participation in an Event is VERY DANGEROUS and involves the risk of serious injury and/or death.  Further expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RECUSE ATTEMPTS OR PROCEDURES OF THE RELEASEES OR OTHER THIRD PARTIES.

10. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contact are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.

11. Excel Taekwondo Center, LLC, Inc. is following the most current guidelines issued by Federal, State and local authorities and require everyone participating in the classes and/or using the facilities at Excel Taekwondo Center, LLC to be respectful of others by complying to ensure the general safety and wellbeing of all. We are all in this together and we appreciate your commitment to your health and that of the community. However, Excel Taekwondo Center, LLC, Inc. cannot prevent you (or your child/children) from becoming exposed to, contracting, or spreading COVID-19 while utilizing Excel Taekwondo Center, LLC’s services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you chose to utilize Excel Taekwondo Center, LLC’s services and/or enter onto Excel Taekwondo Center, LLC premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.

12. ASSUMPTION OF RISK: I have read and understand the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize Excel Taekwondo Center, LLC’s services and enter Excel Taekwondo Center, LLC’s premises. These services are of such value to me (and/or to my children) that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize Excel Taekwondo Center, LLC’s services and premises in person.

13. WAIVER OF CLAIMS/LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring claims and/or lawsuits against Excel Taekwondo Center, LLC, Inc. and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with any exposure, infection, and/or spread of COVID-19 related to utilizing Excel Taekwondo Center, LLC’s services and premises. I understand that this waiver means I give up my rights to bring any claims including claims of personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.

14. Agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE ATTEMPTS OR PROCEDURES and is intended to be as broad an inclusive as is permitted by the laws of the Province or State in which the Event(s) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

15.  HEREBY IRREVOCABLY AUTHORIZES Excel Taekwondo Center, LLC, its successors and assigns, and those acting under its authority, to copy, use, publish, for art, advertising, trade, or any other lawful purpose whatsoever, photographic portraits, pictures or videotapes of me or my minor child, in which I or my minor child may be included in whole or in part, without compensation, prior notice and without any additional written consent.

16.  HEREBY AKNOWLEDGES that all membership payments are non-refundable under any circumstance.  Further, should you (the purchaser) choose to pay for more than one (1) month of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event this Center and/or this business location ceases to operate.  Excel Taekwondo Center, LLC is not required to provide any security, and there may not be other protection provided to you should you choose to pay in advance.

17.  Agrees not to use or sell for personal profit any gear, photographs, or other materials or property obtained from Excel Taekwondo Center, LLC, without prior written consent from Excel Taekwondo Center.

18. Agrees that this Release and Waiver of Rights and Liability is the entire agreement as to liability, assumption of risk and indemnification between the undersigned and EXCEL TAEKWONDO CENTER, LLC, and may not be amended or modified except in a writing signed by both parties.

19. Executes this Waiver and Release individually and on behalf of the participant.  If despite the release, the participant makes a claim against any of the releasees, the participant or the participant’s parent(s) or legal guardians (where the participant is a minor) will reimburse the releasee of any money which they have paid to the participant, or on his behalf and hold the releasee harmless.  

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

EXCEL TAEKWONDO CENTER, LLC
STUDENT RELEASE AND WAIVER OF RIGHTS AND LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Please read this form carefully and be aware that by registering for and participating in this program(s) or Event(s), or by registering your minor child / ward for participation in this program(s) or Event(s), you will be waiving your rights and/or the rights of your minor child / ward to all claims for injuries you or your minor child / ward might sustain arising out of this program(s) or Event(s) and you will be required to indemnify, hold harmless, and defend Excel Taekwondo Center, LLC and all the employees and agents thereof for any claims arising out of participation in said programs(s) or Event(s).

IN CONSIDERATION for being permitted to participate in any way in the Martial Arts Program, competitions, activities or other events (hereinafter “Events”) offered by or involving EXCEL TAEKWONDO CENTER LLC, and/or being permitted to enter for any purpose any restricted area (herein defined as any area wherein admittance to the general public is prohibited), the undersigned, on behalf of himself or herself, his or her minor child named below (where the participant is a minor), his or her personal representatives, heirs, and next of kin:

1. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE EXCEL TAEKWONDO CENTER, LLC and its managers, directors, officers, agents and employees, the promoters, participants, instructors, associations, sanctioning organizations, facility owners, officials, rescue personnel, sponsors, and advertisers, lessees of premises used to conduct any Event, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding EXCEL TAEKWONDO CENTER, LLC and/or Events conducted or sponsored by such, (collectively hereinafter “Releasees”), FROM ALL LIABILITY TO THE UNDERSIGNED, his or her personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED OR THE UNDERSIGNEDS MINOR CHILD (where the participant is a minor child) ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

2.  Hereby releases, waives, discharges and covenants not to sue Excel Taekwondo Center, LLC and its managers, directors, officers, agents, employees and facility owners for any personal articles which are damaged, lost or stolen, inside or outside the facility.

3. Acknowledges that participation in any Event in conjunction with Excel Taekwondo Center, LLC, including Events via any online platform, involves risks and dangers which could result in bodily injury, partial and/or total disability and death, whether caused by the negligence of the Releasees or otherwise.

4. Acknowledges that the social and economic losses and/or damages, which could result from the associated risks and dangers described in paragraph 2 above, could be severe. 

5. HEREBY WARRANTS AND REPRESENTS that the student is does not have any known physical, mental or psychiatric conditions which would pose a health risk or any other type of risk to the student, other students, instructors, and bystanders.  FURTHER AGREES that should the undersigned become aware of any such risks he/she/they will immediately notify Excel Taekwondo Center, LLC of the same.

6. 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 arising out of or related to the Event WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

7. Acknowledges, agrees, and represents that the undersigned has or will immediately upon arrival at any Event, and will continuously thereafter, inspect the facilities, Event area, and equipment and further agrees and warrants that, if at any time the undersigned is in or about the Event area and feels anything to be UNSAFE, the participant will immediately advise the officials of such and if necessary will leave the Event area and/or refuse to participate further in the Event.  FURTHER, WHERE THE PARTICIPANT IS A MINOR, the undersigned parent(s) or legal guardians agree and warrant that he/she/they will instruct the minor participant to do so.

8. Acknowledges, agrees and represents that the undersigned or the undersigned’s minor child will abide by the rules and regulations governing the conduct and operation of instruction sessions, students, and observers, in order to promote efficiency, safety, and recognition of the instruction certification, as prescribed by Excel Taekwondo Center, LLC.  Further acknowledges that rules and regulations governing the Excel Taekwondo Center, LLC have been adopted by Excel Taekwondo Center, LLC for their own purposes, and may be changed from time to time without prior notice. I agree to abide by all such rules and regulations as adopted or hereinafter amended.  The hours of operation may be changed at the discretion of the management of Excel Taekwondo Center, LLC.  Excel Taekwondo Center, LLC reserves the right to revoke or terminate any membership for any reason.

9. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, PARALYSIS OR DEATH arising out of or related to the Event whether caused by the NEGLIGENCE OF THE RELEASEES or otherwise. Further acknowledges that participation in an Event is VERY DANGEROUS and involves the risk of serious injury and/or death.  Further expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RECUSE ATTEMPTS OR PROCEDURES OF THE RELEASEES OR OTHER THIRD PARTIES.

10. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contact are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.

11. Excel Taekwondo Center, LLC, Inc. is following the most current guidelines issued by Federal, State and local authorities and require everyone participating in the classes and/or using the facilities at Excel Taekwondo Center, LLC to be respectful of others by complying to ensure the general safety and wellbeing of all. We are all in this together and we appreciate your commitment to your health and that of the community. However, Excel Taekwondo Center, LLC, Inc. cannot prevent you (or your child/children) from becoming exposed to, contracting, or spreading COVID-19 while utilizing Excel Taekwondo Center, LLC’s services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you chose to utilize Excel Taekwondo Center, LLC’s services and/or enter onto Excel Taekwondo Center, LLC premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.

12. ASSUMPTION OF RISK: I have read and understand the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize Excel Taekwondo Center, LLC’s services and enter Excel Taekwondo Center, LLC’s premises. These services are of such value to me (and/or to my children) that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize Excel Taekwondo Center, LLC’s services and premises in person.

13. WAIVER OF CLAIMS/LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring claims and/or lawsuits against Excel Taekwondo Center, LLC, Inc. and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with any exposure, infection, and/or spread of COVID-19 related to utilizing Excel Taekwondo Center, LLC’s services and premises. I understand that this waiver means I give up my rights to bring any claims including claims of personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.

14. Agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE ATTEMPTS OR PROCEDURES and is intended to be as broad an inclusive as is permitted by the laws of the Province or State in which the Event(s) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

15.  HEREBY IRREVOCABLY AUTHORIZES Excel Taekwondo Center, LLC, its successors and assigns, and those acting under its authority, to copy, use, publish, for art, advertising, trade, or any other lawful purpose whatsoever, photographic portraits, pictures or videotapes of me or my minor child, in which I or my minor child may be included in whole or in part, without compensation, prior notice and without any additional written consent.

16.  HEREBY AKNOWLEDGES that all membership payments are non-refundable under any circumstance.  Further, should you (the purchaser) choose to pay for more than one (1) month of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event this Center and/or this business location ceases to operate.  Excel Taekwondo Center, LLC is not required to provide any security, and there may not be other protection provided to you should you choose to pay in advance.

17.  Agrees not to use or sell for personal profit any gear, photographs, or other materials or property obtained from Excel Taekwondo Center, LLC, without prior written consent from Excel Taekwondo Center.

18. Agrees that this Release and Waiver of Rights and Liability is the entire agreement as to liability, assumption of risk and indemnification between the undersigned and EXCEL TAEKWONDO CENTER, LLC, and may not be amended or modified except in a writing signed by both parties.

19. Executes this Waiver and Release individually and on behalf of the participant.  If despite the release, the participant makes a claim against any of the releasees, the participant or the participant’s parent(s) or legal guardians (where the participant is a minor) will reimburse the releasee of any money which they have paid to the participant, or on his behalf and hold the releasee harmless.  

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.