RELEASE, LIABILITY WAIVER AND INDEMNITY AGREEMENT
In consideration of being permitted to partake in the martial arts instruction and activities of Mac’s Gym LLC, the individual signing this document (hereinafter referred to as the “Undersigned”) hereby agrees and enters into the following Release, Liability Waiver and Indemnity Agreement (hereinafter referred to as the “Agreement”).
The Undersigned is voluntarily seeking and consenting for him/herself or for a minor of which the Undersigned is a parent/guardian (hereinafter collectively referred to as “Participant”) to participate in Martial Arts Training, which is defined to include, but not be limited to, martial arts instruction and related training, Muay Thai, kickboxing, boxing, TaeKwonDo, other martial arts that involve physical strikes such as kicks and punches, Brazilian Jiu-Jitsu (commonly referred to as BJJ), Judo, wrestling, ground fighting, grappling, other martial arts that commonly involve body contact with the ground as well as techniques such as chokes and joint locks, mixed martial arts (commonly referred to as MMA), self-defense training, and other martial arts that may be offered in the future and from time to time, physical exercise, strength and/or cardio conditioning, yoga and other flexibility or mediative exercises, and other similar or related physical activities and exercises. The Undersigned understands and agrees that the various activities of the Martial Arts Training may take place in, outside of, around and off the premises of 4780 N. Elston Ave. Chicago, IL, 60630, and the Undersigned has the choice to not participate in any or all Martial Arts Training.
The Undersigned represents, warrants, understands, acknowledges, and agrees that Martial Arts Training is inherently dangerous and may cause, but is not limited to, the following injuries, damages, and/or illness:
A. bodily injury, life-threatening injury, illness, partial and/or total disability, paralysis, and death;
B. social, emotional, and economic loss associated with bodily injury;
C. contraction of certain diseases, infections, viruses, or illness, including, but not limited to, tinea corporis (ringworm), Herpes, human papillomavirus (HPV), human immunodeficiency virus (HIV), Impetigo, Staphylococcus aureus (staph infection/MRSA), Scabies, Coronavirus, flu, Respiratory Syncytial Virus Infection, Pneumonia, etc.; and
D. other risks and dangers not known to us or reasonably foreseeable at this time.
The Undersigned understands and agrees to assume the risk of any injury and damages to Participant during Martial Arts Training. The Undersigned understands and agrees that the risks and dangers of Martial Arts Training may be caused by the actions or inactions of the Undersigned, Participant, and/or Mac’s Gym LLC, including its coaches, agents, sponsors, promoters, operators, hosts, instructors, associations, affiliates, owners, officials, directors, employees, manager, members, and other invitees of Mac’s Gym LLC (hereinafter collectively referred to as “MAC’S GYM”).
Specifically, the Undersigned agrees to hold MAC’S GYM harmless from all losses, damages, injuries, diseases, infections, viruses, illness, treatments, causes of actions, claims, or complaints in the event that the participant is damaged or injured in any way during the participation in Martial Arts Training or during transit to or from MAC’S GYM or any location and/or event associated with MAC’S GYM or due to participation with MAC’S GYM.
The Undersigned further agrees to strictly obey instructors and coaches and observe all safety rules and precautions of MAC’S GYM. The Undersigned understands and agrees that if Participant fails to strictly obey instructors and coaches and observe all safety rules and precautions of MAC’S GYM, it may increase Participant’s risk of damage and injury.
Because of the physical demands of Martial Arts Training, the Undersigned understands that Participant must be in good physical condition to participate in the instruction and activities associated with MAC’S GYM.
The Undersigned understands and agrees that in case of injury, the only medical treatment MAC’S GYM will provide is first aid. The Undersigned agrees to hold MAC’S GYM harmless from all losses, damages, injuries, diseases, infections, viruses, illness, treatments, causes of actions, claims, or complaints in the event that the participant is damaged or injured in any way by any medical treatment provided by MAC’S GYM.
EQUIPMENT AND FACILITIES
The Undersigned understands and agrees that use of any and all equipment and facilities owned/possessed by or on the premises of MAC’S GYM “as is” and at Participants own risk and peril. The Undersigned agrees to hold MAC’S GYM harmless from any and all consequences resulting from the use of said equipment and facilities, including, but not limited to, losses, damages, injuries, diseases, infections, viruses, illness, treatments, and death. The Undersigned understands and agrees that said use of equipment and facilities is by the Undersigned/Participant’s own choice, and the Undersigned/Participant may refuse said use and/or request alternative equipment and facilities. However, MAC’S GYM is under no obligation to either provide alternative equipment or compensate the Undersigned/Participant for the refusal to use the equipment or facilities.
CORONAVIRUS
The novel coronavirus (COVID-19) is known to be extremely contagious and to cause life threatening illness or death. COVID-19 is believed to spread from person-to-person contact, through the air, and/or by contact with contaminated surfaces and objects. People infected with COVID-19 may show no symptoms and may therefore spread COVID-19 unknowingly. MAC’S GYM cannot prevent the Undersigned/Participant from becoming exposed to, contracting, or spreading COVID-19 while engaging in Martial Arts Training or utilizing MAC’S GYM’s premises, equipment, or facilities.
The Undersigned hereby chooses to accept the risk of contracting COVID-19 by entering MAC’S GYM’s premises, utilizing MAC’S GYM’s equipment and facilities, and engaging in Martial Arts Training. The Undersigned hereby forever releases and waives the Undersigned/Participant’s right to bring suit against MAC’S GYM in connection with the exposure, infection, and/or spread of COVID-19. The Undersigned understands that the Undersigned/Participant is giving up any right to bring any claims relating to COVID-19 including for personal injuries, death, property losses, negligence, or any other loss.
PICTURE, AUDIO, AND VISUAL RECORDINGS
The Undersigned agrees that any pictures, audio, or visual recordings taken of Participant in connection with MAC’S GYM can be used for publication, promotion, social media, articles, shows and advertisement without additional consent and without compensation at this time or any other time.
GENERAL REPRESNETATIONS
The Undersigned has fully read and understands this Agreement and agree to its provisions.
The Undersigned represents that he/she is not under the influence of any drugs, alcohol, or other intoxicants.
The Undersigned represents that he/she is not suffering from any illness or incapacity.
The Undersigned represents that he/she is not under any duress or coercion in signing this Agreement.
The Undersigned represents that he/she is over 18 years of age.
In the event that Participant is under 18 years of age, the Undersigned represents that he/she is a parent or guardian of Participant and/or is authorized to sign this Agreement.
The Undersigned acknowledges and agrees that in entering into this Agreement he/she has not relied on and is not relying on any representations, warranties or other statements whatsoever, whether written or oral made by MAC’S GYM and/or any individual/entity acting on its behalf and that he/she will not have any right or remedy rising out of any representation, warranty or other statement not expressly set out in this Agreement.
Should any legal action arise from this Agreement, the Undersigned agrees to pay all attorneys/legal fees and costs incurred by MAC’S GYM in association with the defense of said legal action. The Undersigned also agrees to hold MAC’S GYM harmless of any and all attorneys/legal fees and costs incurred in its prosecution of MAC’S GYM.
SIGN THIS AGREEMENT ONLY AFTER YOU HAVE READ AND COMPLETELY UNDERSTAND IT