Liability waiver
In exchange for participation in Martial Arts and Nature Arts Programs (the "Activity"), organized by Dream Martial Arts LLC ("Releasee"), I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age) agree as follows:
I and anyone claiming on my behalf release and forever discharge Releasee and its affiliates, successors and assigns, officers, employees, representatives, partners, agents and anyone claiming through them (collectively, the "Released Parties"), in their individual and/or corporate capacities from causes of action of any nature and kind, known unknown, which I may have against Releasee or any Released Parties arising out of or relating to any injury, loss or damage to person and property that may be sustained as a result of participation in the Activity ("Claims").
While reasonable precautions to avoid injury are taken, injuries may occur. I further understand that participation in the Activity involves inherent risks, including risk of physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent paralysis and/or death, and I assume all related risks and voluntarily participate in the Activity.
I agree to indemnify Releasee against any and all claims, actions, lawsuits, damages and judgments, including attorney's fees, arising out of or relating to my participation in the Activity.
This Release for Participation in Event or Activity ("Release") shall not be in any way construed as an admission by the Releasee that it has acted wrongfully with respect to me or any other person, that it admits liability or responsibility at any time for any purpose, or that I have any rights whatsoever against the Releasee.
I acknowledge that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Dream Martial Arts LLC to provide all emergency medical care deemed necessary. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
This Release shall be binding upon the parties and their respective heirs, administrators, personal representatives, executors, successors and assigns. I have the authority to release the Claims and have not assigned or transferred any Claims to any other party. The provisions of this Release are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This Release constitutes the entire agreement between the parties and supersedes any prior oral or written agreements or understandings between the parties concerning the subject matter of this Release. This Release may not be altered, amended or modified, except by a written document signed by both parties. The terms of this Release shall be governed by and construed in accordance with the laws of the State of New Jersey.
COVID-19 and Other Communicable/Infectious Disease
I acknowledge that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or infectious disease, exists in any public place where people are present. No precautions can eliminate the risk of exposure to COVID-19, and the risk of exposure applies to everyone. By visiting and/or participating in Dream Martial Arts LLC’s in-person trainings and events, participating in any of live event functions, I agree to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of myself or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of any of the Releasee Parties, named herein. I acknowledge that my participation is entirely voluntary.
On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to forever waive, covenant not to sue, release, and discharge the Released Parties from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of any of the Released Parties, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during my participation in any in-person trainings and events, and/or any other activities associated with participation in the Activity. This waiver of liability and the assumption of risk set forth above is intended to be as broad and inclusive as is permitted by law.
I agree that the Waiver provided for in this COVID-19 and Other Communicable/Infectious Disease Provision shall cover all physical and emotional injuries and/or damages, including without limitation all illness and bodily injury (including death), whether suffered by me or anyone else before, during, or after my participation. Additionally, I agree that the scope of the Waiver shall include any claims related, in whole or in part, to my own actions and the actions of third parties, whether foreseeable or unforeseeable.
I further agree to the following in order to attend Dream programs:
No one in the household has had flu-like symptoms (e.g. fever, vomiting, diarrhea, etc.) within the last 48 hours.
My household is adhering to the latest CDC guidance and recommendations regarding travel, contact tracing, quarantine and isolation.
Photo Consent
I understand that the school may take photos, video or audio recordings of the students and classes for displays, advertising promotions, social media content, etc. I understand that such photos, videos or audio recordings may be sold for profit, whereas the student, parent/guardian waives any rights to or compensation for appearing in such materials. I grant Dream Martial Arts LLC full rights to use the images resulting from the photography/video filming/audio recordings, and any reproductions or adaptations of the images for advertising, social media content, publicity or other purposes. This might include (but is not limited to), the right to use them in their printed and online publicity, social media, press releases and marketing applications. This is in regard to person-identifiable images. We may still share non-identifiable images for advertising, social media content, publicity or other purposes, and person-identifiable images among program participants.
I have carefully read and fully understand all the provisions of this Release and am freely, knowingly and voluntarily entering into this Release.