Release and Waiver of Liability, Assumption of Risk and Indemnity (“Release”)
In consideration of being allowed to participate in the selected program, and to use the facilities and equipment of Miloshevski Martial Arts, LLC ("MMA") located at 1819 W. Thome Ave. Chicago IL 60660; 4129 W Newport Ave, Chicago, IL 60641; and 10S330 IL-83, Willowbrook, IL 60527, (collectively referred to herein as the "Program"), in addition to any fee or charge, I agree as follows on behalf of myself, or any minor(s) listed below of which I am the parent and/or legal guardian, and our respective personal representatives, heirs, beneficiaries, and assigns:
I ACKNOWLEDGE AND AGREE that the Program involves risks of serious bodily injury, including permanent disability, paralysis, and even death, which may be caused by my actions or inactions, the actions or inactions of a said minor(s) or others, or the conditions of the facilities in which the Program takes place. I understand that there may be other risks or other social or economic losses either not known to me or not readily foreseeable at this time. I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ANY INJURIES, LIABILITIES, CLAIMS, LOSSES, COSTS, AND DAMAGES incurred as a result of my or said minor(s)' participation in the Program. I understand the nature of the Program and declare that I am or said minor(s) is in good health and proper physical condition to participate in the Program, and are not suffering from any condition, impairment, disease, infirmity, or other illness that would limit or prevent my or said minor(s)' participation in the Program. I acknowledge that neither MMA nor any of its ADMINISTRATORS, MEMBERS, MANAGERS, OWNERS, DIRECTORS, AGENTS, OFFICERS, VOLUNTEERS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, ASSOCIATES, SUCCESSORS, OR ASSIGNS (collectively, the "MMA Parties") will make and shall have no responsibility to make an independent evaluation of my or said minor(s)' physical health or fitness, and I or said minor(s) have either had a physical examination and have been given my said minor(s)' physician's permission to participate, or that I or said minor(s) have decided to participate in the Program without the approval of such physician and do hereby assume all responsibility, liability, and risk for my participation in the Program. I further acknowledge that if I believe my or said minor(s)' physical conditions are unsafe or insufficient, I will immediately discontinue my or said minor(s)' participation in the Program.
I HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE, COVENANT NOT TO SUE AND AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE MMA PARTIES, THE OTHER PROGRAM PARTICIPANTS, AND ANY SPONSORS, ADVERTISERS, AND, IF APPLICABLE, OWNERS AND LESSORS OF THE FACILITIES ON WHICH THE PROGRAM TAKES PLACE (each referred to herein as a "Releasee") from all liabilities, claims, demands, losses, costs, or damages on my account, whether foreseen or unforeseen, caused, alleged to be caused or in any way related to my or said minor(s)' participation in the Program, whether or not caused in whole or in part by the negligent acts or omissions of any Releasee or others acting on its behalf, including, without limitation, rescue operations. I further agree that if, despite this Releasee, I or anyone on my or said minor(s)' behalf, including without limitation, my or said minor(s)' personal representatives, heirs, beneficiaries, and assigns, make a claim against any Releasee arising out of or related to my or said minor(s)' participation in the Program, I will indemnify, save, and hold harmless each Releasee from any loss, liability, damage, or cost, including without limitation, attorneys' fees, which any Releasee may incur as the result of such claim.
I hereby permit Miloshevski Martial Arts to use any photographic likeness and photogenic likeness of myself and of or said minor(s) in all forms and media for advertising, trade, security, and any other lawful purposes, obtained during my or said minor(s)' participation in the Program including, without limitation, displayed electronically via the Internet. I understand that my image may be edited, copied, exhibited, published, or distributed and waive the right to inspect or approve the finished product wherein my or said minor(s)' likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to using my image or recording. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. I further state that I am of lawful age (+18) and legally competent to sign this Release and that signing this Release is my free act. I also understand and agree that the terms herein are contractual, and they are not a mere recital or simply for information
purposes.
I HAVE READ THIS RELEASE, FULLY UNDERSTAND 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 RELEASE IS HELD TO BE INVALID THE BALANCE SHALL CONTINUE IN FULL FORCE AND EFFECT.
COVID - 19 Informed Consent
I understand that the novel coronavirus, Covid-19 has been declared a worldwide pandemic by the WHO (World Health Organization). I further understand that COVID-19 is extremely contagious and is believed to spread by person-to-person contact, and as a result, federal and state health agencies recommend social distancing. I understand that Miloshevski Martial Arts has put in place reasonable safety measures to help reduce the spread of COVID-19.
I understand that exposure to COVID-19 before, during, and after my class may result in the following: a positive COVID-19 diagnosis, extended isolation, additional tests, and hospitalization, up to including the need for treatment in intensive care (ICU), short-term or long-term intubation, other complications, and death. I understand that even if I have received negative COVID-19 test results, the test may have failed to detect the virus, or I may have become infected after I took the test. I understand that if I do not have any symptoms, I may have a COVID-19 infection.
I understand that COVID-19 may cause additional risks, some of which may not be known at this time. I understand that taking a class at Miloshevski Martial Arts may put me at increased risk of becoming infected with COVID-19. By signing this consent form, I accept that risk and permit to participate in classes at Miloshevski Martial Arts. I have read this consent, or someone has read it to me.
TO BE SIGNED BY PARENT/LEGAL GUARDIAN
IF THE NAMED STUDENT/PARTICIPANT IS NOT OF LEGAL AGE
(18 YEARS OLD)
I AM THE PARENT AND/OR LEGAL GUARDIAN OF THE MINOR(S) LISTED BELOW AND HAVE THE AUTHORITY TO EXECUTE THIS RELEASE ON HIS/ HER BEHALF. I hereby acknowledge that I understand the nature of the Program and believe and confirm that said minor is capable and qualified to participate in the Program, and, on behalf of myself, my representative, heirs, beneficiaries, assigns, and said minor, I hereby adopt and fully incorporate the entirety of the Release on said minor's account and behalf, and waive, release, forever discharge, covenant not to sue and agree to indemnify and hold harmless each Releasee from all liabilities, claims, demands, losses, costs, or damages on the minors, his/her heirs, executors, or administrators account, whether foreseen or unforeseen, caused, alleged to have been caused or in any way related to said minors participation in the Activity, whether, or not caused in whole or in part by the negligence of any Releasee or others acting on their behalf, including, without limitation, rescue operations. I further agree that if despite this Release, I, the minor, or anyone on my or the minor’s behalf claims any Releasee, I will indemnify, save and hold harmless each Releasee from any litigation expenses, losses, liabilities, damages, or costs, including without limitation, attorneys’ fees, any Releasee may incur as the result of any such claim. I hereby permit Miloshevski Martial Arts to use any photographic likeness and photogenic likeness of myself and any children under 18 years of age under my stewardship in all forms and media for advertising, trade, security, and any other lawful purposes, obtained during my training.