In consideration of being allowed to access and enter any premises or locations operated by Krav Maga Worldwide, Inc. (“KMW”) and participate in any KMW programs, events, and activities (collectively “Programs”), I, the undersigned participant acknowledge, appreciate, and agree that:
- I have been fully informed of the nature of the Programs, and the physical dangers inherent therein. As a participant in the Programs, I intend to and will engage in various physical activities. I affirm I am reasonably fit and in good health to participate in the Programs, and that I have no known limitations that could prevent me from engaging in any of the Programs in which I choose to participate.
- The Programs in which I voluntarily choose to participate may involve various risks, including but not limited to, the risk of injury arising from physical exertion and challenges (e.g. running, jumping, and other cardiovascular, cross- functional movements); bodily contact by myself or others (e.g. strikes, attacks, kicks); improper use or failure of equipment (weights, heavy bags or other machinery); strains, sprains, swelling and other skeletomuscular injuries or diseases associated with intense physical training (e.g. rhabdomyolysis, kidney damage); the negligent acts of other participants and third parties, and other related activities that may result in serious and/or permanent injury, loss, damage, paralysis or death.
- I understand that, while KMW has taken appropriate measures to comply with applicable government orders and implement recommended guidance and protocols issued by various public health agencies to mitigate the contraction and transmission of COVID-19, such measures cannot guarantee against my potential exposure to COVID-19 through my participation in the Programs or contact with other participants. I acknowledge KMW is not responsible for my safety against COVID-19 and makes no warranties, guarantees, or representations about the safety or condition of its premises (including temporary indoor or outdoor locations used for the Programs), employees, other participants, or third parties engaging in the Programs. I further acknowledge that, due to the nature of the Programs, social distancing of six or more feet between persons is not always possible and I may be placed in proximity to or come in contact with individuals, equipment, and/or surfaces that have been contaminated with or may transmit COVID-19 or other diseases. I fully understand and appreciate the known and potential dangers of participating in the Programs, including exposure to COVID-19, which could result in further transmission to others, quarantine, isolation, serious illness, disability and/or death. I hereby agree my involvement and participation in the Programs is voluntary, and I knowingly, freely, unconditionally, and expressly assume any and all risks associated with the Programs, including risks not known or reasonably foreseeable to me at this time.
- I, for myself and on behalf of my heirs, assigns, personal representatives, and any member of my family, hereby WAIVE, RELEASE AND DISCHARGE Krav Maga Worldwide, Inc. and Krav Maga Association of America, Inc., and each of their officers, executives, officials, agents, employees, instructors, contractors, assigns, representatives and partners; West LA CrossFit, CrossFit, and CrossFit’s officers, affiliates, directors, employees and agents; other participants, sponsors, advertisers, and owners, landlords, and lessors of premises used for the Programs and related activities (e.g. Douglas Emmett, Cahill Building Company, LLC); and other members, guests, and invitees of KMW (all aforementioned parties collectively “Releasees”), from ALL LIABILITY FOR ANY AND ALL CLAIMS, DEMANDS, RIGHTS OF ACTION, WHETHER KNOWN OR UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OR OTHER ACTS OF THE RELEASEES OR OTHERS, related to or arising out of the Programs.
- I also agree to INDEMNIFY AND HOLD HARMLESS the Releasees from any and all claims, actions, proceedings, costs, losses, damages, liabilities, and expenses, including attorneys’ fees, arising from my actions, involvement, or participation in the Programs and to reimburse KMW for any such expenses it incurs. By signing this Release, I understand I may be giving up legal rights that I or others claiming through me may claim to have now or in the future and I am freely and voluntarily entering into this Release. In so doing, I hereby specifically waive the provisions of Section 1542 of the California Civil Code Section 1542, which provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known to him or her would have materially affected his or her settlement with the debtor or released party.
- I agree to be solely responsible for my own safety and well-being, including by complying with applicable club rules, any stated and customary terms and conditions for participation, and all health and safety protocols and instructions provided to me in connection with the Programs. I will report and disclose any COVID-19 related symptoms (i.e. fever, cough, shortness of breath, chills, repeated shaking with chills, muscle pain, headache, sore throat and loss of sense of taste or smell) I may experience prior to participating in any Programs. I agree, represent, and warrant I will not participate in any of the Programs if I experience COVID-19 related symptoms or test positive for or am otherwise diagnosed with COVID-19, until such symptoms or illness have fully resolved in accordance with applicable CDC guidelines. Finally, if I observe any unusual hazards during my participation or in my presence, I will take all safety precautions to avoid the hazard and remove myself from participation in the Program
- This Release shall be binding upon me, my heirs and successors, assignees, personal representatives and executors. This Release shall be governed by and construed according to the laws of the State of California, without regard to any conflicts of law principles. If any provision of this Release is deemed invalid, illegal, or unenforceable, it shall not affect the enforceability of any other term or provision of this Release. Rather, the invalid, illegal, or unenforceable provision shall be modified so that it is valid, legal, and enforceable and to the fullest extent possible, reflects the intention of the parties.
I HAVE READ THIS RELEASE IN ITS ENTIRETY, FULLY UNDERSTAND ITS TERMS, INCLUDING THAT I AM GIVING UP SUBSTANTIAL RIGHTS. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME, AND INTEND BY MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.
If you have read, understand, and agree to the above terms, select the box below marked "Y" for "Yes." *