UNITED STATES FENCING ASSOCIATION (USA Fencing) Release and Waiver of Liability, Assumption of Risk and Indemnity and Parental Indemnification Agreement ("Agreement")
IN CONSIDERATION of being permitted to participate in any way in the Delaware Valley Fencers Club (DVFC) ("the Club") activities (“Activity”) I, for myself, my personal representatives, assigns, heirs and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of Fencing activities and that I am qualified, in good health and in proper physical condition to participate in such Activity. I agree and warrant that if at any time I believe conditions to be unsafe I will immediately discontinue further participation in the Activity. I also acknowledge that the Activity may be conducted in facilities open to the public during the Activity. I agree to strictly obey instructors and observe safety rules.
2. FULLY UNDERSTAND that: a) fencing activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis and death (“risks”); b) these Risks and dangers may be caused by my own actions or inaction, the actions or inaction of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the “releasees” named below; c) there may be other risks and social and economic losses either not known to me or readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs and damages I incur as a result of my participation or that of the minor in the Activity.
3. HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE the Club, USA Fencing, their respective administrators, directors, agents, officers, members, volunteers, other participants, sponsors, advertisers, and, if, applicable, owners and lessors of premises on which the Activity takes place (each considered on of the “releasees” herein) from all liability claims demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the “releasees” or otherwise, including negligent rescue operations; and I further agree that if despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify save and hold harmless each of the releasees from any litigation expenses, attorney fees, loss, liability, damage or cost which any may incur as the result of such claim.
4. ACKNOWLEDGE, agree, and represent that that any pictures, audio, or visual recordings taken of me in connection with the seminar can be used for publication, promotion, articles, shows and advertisement without additional consent and without compensation at this time or any other time.
I have read this agreement, fully understand all its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
If signing on behalf of a minor, I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, understand the nature of Fencing activities and the minor’s experience and capabilities and believe the minor to be qualified, in good health and in proper physical condition to participate in such an activity. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DAMAGES ON THE MINOR’S ACCOUNT caused or alleged to be caused in whole or in part by the negligence of the “releasees” or otherwise, including negligent rescue operations and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the releasees named above, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGE OR COST ANY MAY INCUR AS A RESULT OF ANY SUCH CLAIM.