RELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENT
("AGREEMENT")
In consideration of the services of Silver State Wrestling Academy LLC, its agents, owners, officers, instructors, volunteers, participants, employees, and other persons or entities acting on its behalf (hereinafter collectively referred to as the “Academy”), I {name}, hereby agree to release and discharge the Academy, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I understand that I and/or my children will be a student participant attending wrestling classes in a semi-private, private, or group setting at the Silver State Wrestling Academy. The aforementioned classes involve wrestling and grappling in close proximity to other participants and inherently carry risks of injury and infection. I understand and assume all risks of personal injury, property damage, and other damages to myself resulting from, or in any way associated with, my activities and use of any of the Academy’s services or classes at this location, all other Academy locations, or any off-site locations.
2. I recognize the inherent risks associated with the above described activities and I assume full responsibility for personal injury to myself and my children, and further release and discharge the Academy for injury, loss or damage arising out of my or my children's use of or presence upon the facilities of the Academy, whether caused by the fault of myself, my family members, the Academy or other third parties.
3. I agree to be an active USA Wrestling member at the time of registration and throughout my membership at Silver State Wrestling Academy. I understand that I will not be able to participate in Academy activities if my membership has lapsed or expired and I will be removed from practice until my USA Wrestling Membership has been renewed. I understand refunds will not be provided due to USA Wrestling Membership lapses.
4. I agree to observe and abide by all posted rules and warnings, and further agree to follow any oral instructions or directions given by the Academy.
5. I agree to provide a written 30 days notice of membership freeze or cancellation to the SSWA business email. I understand I may be charged for the next payment period if it falls before the 30 days. I understand that verbal or text message notices may not be honored.
6. I agree to indemnify and defend the Academy against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of the Academy.
7. I agree to pay for all damages to the facilities of the Academy caused by any negligent, reckless, or willful actions by me or my family.
8. I consent to the participation of my child or ward in the activities and services provided by the Academy, and agree on behalf of the minor to all of the terms and conditions herein. By signing this Agreement, I represent that I have legal authority over and custody of said minor.
9. In the event of an injury to myself or the above minor during the above described activities, I give my permission to the Academy to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin upon signing this release and will remain in effect until terminated in writing by the undersigned or when the above described activities are completed. The Academy shall have the power to seek appropriate medical treatment or attention on behalf of myself or my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital; the power to authorize medical treatment or medical procedures in an emergency situation; and the power to make appropriate decisions regarding clothing, bodily nourishment and shelter.
10. I understand that it is my responsibility to consult with a physician prior to and regarding my and my children's participation in any of the Academy’s classes, activities, or events. I represent that I and my children am physically fit and I have no medical, psychological, or other condition which would prevent my full participation in martial arts or fitness classes or present a risk to fellow participants. I agree to disclose any illness, injury, or disability that may increase my risk of injury to myself and/or others. I agree that if I have any illness or injury that could pose a risk to myself or others, that the Academy reserves the right to temporarily or permanently suspend or revoke my ability to attend any Academy classes or activities.
11. I understand that the Academy may hire photographer(s) and/or videographer(s) to take photos and/or videos during Academy classes and activities for sharing on the Academy's social media (Facebook, Instagram, etc.), website, and third party platforms. I give my permission, free of charge, with no promise, representation or expectation of compensation, to use any photos, pictures, media, and/or likeness of me and/or my child for advertisements, instructional videos in any medium or matter, online training programs, or marketing materials to promote the Academy.
12. I agree that the validity and enforceability of this Release of Liability and Assumption of Risk will be governed by the substantive law of the State of Nevada, without regard to its conflict of law rules.
13. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given the opportunity to review it in entirety before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
14. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
15. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute by mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any Nevada court having proper jurisdiction.
I represent and warrant that I have carefully read the forgoing release and waiver and understand the contents thereof and sign this release of my own free will and further agree that no oral representations, statements or inducements apart from the foregoing written agreement have been made.
I HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS.