EXCEL TAEKWONDO CENTER, INC
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, the program(s) or event(s) (as defined below) involving Excel Taekwondo Center Inc. (“Center” or “Excel”), or by registering your minor child / ward to participate in such 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 the program(s) or event(s) involving Excel and you will be required to indemnify, hold
IN CONSIDERATION for being permitted by Excel (i) to participate in any way in the martial arts program, competitions, camp, activities or other events (collectively hereinafter, “Events”) and in the use of services, facilities, or the equipment offered by or involving EXCEL TAEKWONDO CENTER INC., and (ii) to enter for any purpose any restricted area of the Center’s school (herein defined as any area wherein admittance to the general public is prohibited solely by permission, or marked as “restricted”, “authorized personnel only”, or any similar designation by the Center), and in recognition of the Company’s reliance hereon, the undersigned, on behalf of himself or herself, his or her minor child named below (where the participant is a minor), and their heirs, assigns, successors in interest, invitees, employees, agents, personal representative, estate, and next of kin (collectively, “Participant”) agree to all the terms and conditions set forth in this Release and Waiver of Rights and Liability, Assumption of Risk, and Indemnity Agreement (“Release”).
1. Participant hereby voluntarily agrees to release, waive all rights against, forever discharge, and covenant not to sue Excel Taekwondo Center Inc. and its managers, directors, officers, agents and employees, the promoters, participants, instructors, associations, sanctioning organizations, facility owners, officials, rescue personnel, sponsors, affiliates, successors, assigns 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 on activities or Event(s) regarding Excel and conducted or sponsored by Excel (collectively hereinafter, “Releasees”), for any and all loss or damage, claim, demands, lawsuits, or causes of action, whether known or unknown, foreseen or unforeseen, resulting from, or on account of, any exposure to virus or infection, injury to person or personal property, illness, or death of the Participant arising out of, or related to, the Event(s), whether caused by the action, inaction, or negligence of the Releasees or any other cause whatsoever.
2. Participant expressly accepts and assumes all risks and dangers, which could result in bodily injury, illness, partial or total disability, and death, resulting from participating in Events and the use of services or equipment in person or in any online platform, that may be caused by the action, inaction, or negligence of the Releasees or any other cause whatsoever. Participant understands that during the course of instruction and/or testing, employees of the Center, fellow students, volunteers and/or other authorized persons may and will be engaged in a course of conduct requiring physical contact with Participant, and that the Participant’s strict observation of the Rules and Regulations of the Center in the course of Participant’s training or instruction, including a Participant’s use of protective equipment that the Center requires, may reduce that possibility of accident or injury. Participant expressly acknowledges that the risk of injury may be compounded or increased by martial arts instruction or procedures of the Releasees or negligence of third parties. Nevertheless, Participant elects and agrees to participate in Events and in the use of services or equipment of the Center voluntarily.
3. Participants understand that neither the Center nor any part of this Agreement warrants that use of protective equipment will prevent injury. The Center provides no warranty on any equipment, including but not limited to those borrowed, used, or sold on its premises. If at any time Participant believes that the equipment is unsafe, then Participant shall immediately notify the Center, discontinue participating in the Events or use of services or equipment, and if necessary, leave the Center, until the situation is resolved. Participant covenants not to use or sell for personal profit any gear, equipment, merchandise, photographs, or other materials or property obtained from Excel without prior written consent from Excel.
4. Participant warrants and represents that he or she is in good physical condition and have no medical condition or impairment that would pose a health risk or any other type of risk to the Participant, instructors, and bystanders or might prevent the Participant from attending and participating in Events and using services or equipment at the Center. Participant agrees that the Center and its employees cannot, and did not, give medical advice to Participant before and after participating in Event(s) or using the services or equipment of the Center relating to the Participant’s physical or psychological condition and ability to participate in the Events or in the use of services or equipment of the Center. Participants acknowledges that a thorough physical examination by a qualified medical doctor is generally and highly recommended by the Center prior to the start of any physically demanding and rigorous sport and/or exercise program such as the Events identified herein.
5. Participant represents that the Center gave Participant an opportunity to observe or to participate in a class. If, at any time, Participant becomes aware of any risks or danger, Participant will immediately notify the Center, discontinue participating in the Events or use of services or equipment, and if necessary, leave the Center, until the situation is resolved. Where the Participant is a minor, the parent, legal guardian, or undersigned agree and warrant that the minor has been advised to discontinue participating in the Events or use of services or equipment, and if necessary, leave the Center, until the situation is resolved.
6. Participant Acknowledges, agrees and represents that the Participant will abide by Excel’s Rules and Regulations and any
amendments thereto that have been provided to Participant governing the conduct and operation of instruction sessions, Participants,
and observers, in order to promote efficiency, safety, and recognition of the instruction certification. Such Rules and Regulations
adopted by Excel may be amended from time to time without prior notice to Participant.
7. Participant hereby agrees to indemnify, and hold harmless the Releasees and each of them from any and all loss, liability,
damage, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind,
including reasonable attorneys’ fees and costs of enforcing any right to indemnification under this Release and pursuing any
insurance, that the Releasees may incur arising out of, or related to, Event(s) and the use of services or equipment whether caused
by the negligence of the Releasees or otherwise.
8. Excel reserves the right to revoke or terminate, suspend, or revoke any membership and the privileges associated therewith of a
Participant for any reason and at any time, at its sole discretion and for reasons such as improper use of services or equipment or
failure to follow instructions and the Rules and Regulations of the Center.
9. Participant agrees that images or likeness of any Participant may appear, be copied, or be published in photographs, art, portraits,
pictures, videos, social media posts and other means to promote the Center and its Events. Participant expressly consents to same
without compensation. Participant waives any and all rights of attribution, inspection, compensation, prior notice, or approval for any
use of Participant’s image and likeness. Participant agrees not to photograph, video, or make social media postings of other
participants and guests of the Center while participating in Events, or using services or equipment without prior approval of the Center
in order to respect other’s right to privacy. Participant will inform the Center immediately if it intends to opt-out of using any images or
likeness of the Participant.
10. Participant acknowledges that COVID-19 is extremely contagious and can cause serious and potentially life-threatening illness
including death. The Center is following the most current guidelines issued by Federal, State and local authorities but Excel cannot
prevent Participant and guests from exposure to, contracting, or spreading COVID-19 while using its facilities, services or equipment
or participating in Events. Participant understands that participating in Events and using services or equipment of the Center increase
the risk to Participant of contracting or spreading COVID-19.
11. Participant agrees that this Release extends to all acts of negligence by the Releasees and is intended to be broad and inclusive,
which includes negligent rescue attempts or procedures relating to the Event(s) and the use of services or equipment.
12. Participant agrees that if any portion of this Release is found by a court of competent jurisdiction to be void or unenforceable, the
remaining portions shall remain in full force and effect.
13. Participant agrees that this Release is the entire agreement as to liability, assumption of risk, and indemnification between the
Participant and Excel and this Release may not be amended or modified except in writing and signed by both parties.
14. Participant agrees this Release shall be governed by California law and venue shall be a court of competent jurisdiction in Los
Angeles County, California.
I HAVE CAREFULLY READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY
AGREEMENT AND HAD AN OPPORTUNITY TO CONSULT AN ATTORNEY PRIOR TO SIGNING THIS RELEASE. I FULLY
UNDERSTAND THIS DOCUMENT AND AGREES TO BE BOUND BY ITS TERMS. I HAVE WAIVED SUBSTANTIAL LEGAL
RIGHTS BY SIGNING IT, AND I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE
OR GUARANTEE BEING MADE TO ME BY EXCEL. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL
RELEASE OF EXCEL FROM ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I FURTHER ACKNOWLEDGE
THAT EXCEL HAS OR WILL BE PROVIDING SERVICES TO ME IN RELIANCE UPON THIS RELEASE.