Waiver of Liability and Release, Agreement
WCBJJ LLC
32828 Wolf Store Rd, Temecula, California 92592
In consideration of being permitted to participate in any way in programs, classes, presentations, instruction, events, presentations, demonstrations, or other activities sponsored, conducted, or organized by or on behalf of WCBJJ, including those that take place at the property and facilities located at 32823 Wolf Store Road, Temecula, California (the “Premises) or elsewhere, and in consideration for being permitted to enter any restricted area of the Premises or any area where admittance to the general public is prohibited for any purpose (collectively the “WCBJJ Activity”), the undersigned party named below or, if the Participant is a minor, the Participant’s parent(s) or legal guardian(s) (the “Participant”), hereby acknowledge and agree to the following:
The Participant understands, acknowledges, and agrees that if at any time they feel that anything is NOT SAFE, they will immediately advise representatives of WCBJJ and other event staff or officials, will take all precautions to avoid the unsafe area, and will REFUSE TO PARTICIPATE further in the WCBJJ Activity.
Prior to engaging in any WCBJJ Activity, the Participant shall inspect the equipment to be used, and if the Participant believes that anything is unsafe, the Participant is required to immediately advise WCBJJ representatives and other event staff and officials, and the Participant should refuse to participate in the WCBJJ Activity.
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The Participant understands, acknowledges, and agrees that:
There are risks and dangers associated with the WCBJJ Activity, including participation in martial arts events and activities, which could result in bodily injury, partial and/or total disability, paralysis, and death;
The social and economic losses and/or damages which could result from the risks and dangers described above could be severe;
The risks and dangers presented by the WCBJJ Activity may be caused by the action, inactions, or negligence of the Participant or others; and.
There may be other risks to the Participant presented by the WCBJJ Activity that are not known or not reasonably foreseeable by WCBJJ.
Assumption of Risk. The Participant and, if the Participant is a minor, the Participant’s parent(s) or legal guardian(s) understand and acknowledge all risk of damage, injury, and all other loss presented by the WCBJJ Activity and hereby fully accept and assume all such risk and responsibility for any and all loss, damage, and/or injury arising from any WCBJJ Activity, including any injury, disability, paralysis, or death, however, caused and whether caused in whole or in part by the negligence of WCBJJ or any of its officers, owners, employees, contractors, lessees, agents, representatives or those acting on their behalf.
Nothing in this document is intended nor should be construed to release or indemnify WCBJJ for any liability caused by the gross negligence or willful misconduct of WCBJJ.
Release of Liability and Waiver of Claims. To the fullest extent permitted by law, I/we hereby RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE WCBJJ LLC, its officers, owners, employees, contractors, lessees, agents, representatives, and all those acting on their behalf (the “Released Parties”) from any and all claims, demands, losses, damages, or other expenses (including attorneys’ fees) that arise in whole or in part from any WCBJJ Activity, including any such claims respecting any injury to the Participant, including but not limited to the death or disability.
I/We hereby acknowledge and understand that the WCBJJ Activity is dangerous and involves the risk of serious injury and/or death and/or property damage. Each of the undersigned also expressly acknowledges that any injury or damage may be compounded or increased by negligence of the Released Parties.
Likeness Release. For valuable consideration, the sufficiency of which is hereby acknowledged, irrevocably grant to WCBJJ LLC the right to film or photograph Participant during WCBJJ Activity and to distribute, transmit, publish, copy, or otherwise exploit, either in whole or its part, either digitally or in any other medium now known or later discovered, the likeness of Participant. Each undersigned understands and agrees that the images/video/film may be used and exploited with or without identifying Participant as the subject. The undersigned releases and discharges Released Parties from any claim or cause of action, now known or later discovered, for, among other things, invasion of privacy, right to publicity, and defamation, arising from the use or exploitation of any images or likeness of Participant.
I HAVE READ THIS WAIVER OF LIABILITY AND RELEASE AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I HAVE BEEN PROVIDED THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL COUNSEL RESPECTING THE CONTENTS AND SIGNATURE OF THIS AGREEMENT. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. IF SIGNING ON BEHALF OF A PARTICIPANT THAT IS UNDER THE AGE OF 18, I HEREBY REPRESENT AND WARRANT THAT I AM SUCH MINOR PARTICIPANT'S PARENT OR LEGAL GUARDIAN WITH THE FULL AUTHORITY TO DO SO.