The individual named below (referred to as “Participant“) desires to participate in the Silver Chikara Karate Tournament, to take place at the address of 300 Centenial Way Tustine, CA 92780(the “Premises”) on or between the dates of February 10 2024 (the “Activity“), which organized and sponsored by Pneuvegreven LLC, a California Limited Liability Company. (the “Company“). I am the parent or legal guardian of the Participant and I have the legal right to sign and execute this document on behalf of the Participant. In consideration of the Participant being permitted by the Company to participate in the Activity and in recognition of the Company’s reliance hereon, I agree, on behalf of myself, the Participant and my heirs, and my personal representatives, to all the terms and conditions set forth in this instrument (this “Release“).
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS PERSONAL OR PSYCHOLOGICAL INJURY, ILLNESS, TEMPORARY OR PERMANENT DISABILITY, PAIN, SUFFERING, DEATH, AND/OR PROPERTY DAMAGE AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT ANY INJURIES THAT THE PARTICIPANT MAY SUSTAIN, MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY OR THE RELEASEES, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY OR THE RELEASEES. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PERMITTING THE PARTICIPANT TO PARTICIPATE IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR RELEASES OR OTHERWISE.
I understand that while the Company may have implemented measures to reduce the risk of injury from the Activity, the Company cannot guarantee that the Participant will not be injured while on the Premises or during his/her/their participation in the Activity and that being on the Premises and engaging in the Activity may increase the risk of injury. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AND THE PARTICIPANT ARE VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims which I and my heirs, and my personal representatives may have, or which I and my heirs, and my personal representatives may hereafter have, whether known or unknown, against the Company, and its officers, directors, managers, employees, agents, affiliates, shareholders/members, parents, subsidiaries, contractors, consultants, insurance carriers, insurance brokers, or those of the Company’s subsidiaries or affiliates (including without limitation, attorneys, accountants, bankers, financial and other professional advisors), successors, and assigns (collectively, “Releasees“), on account of personal or psychological injury, illness, pain, temporary or permanent suffering, disability, death, property damage, or financial loss, arising out of or attributable to the participation of the Participant in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement.
I understand that by signing this release, I am waiving any and all claims, of any kind arising out of or attributable to participation in the Activity, including those claims that may be unknown to me, or which I do not suspect to exist at this time, on my behalf and/or on behalf of the Participant, my heirs, and my personal representatives. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS 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 by him or her, would have materially affected his or her settlement with the debtor or released party.
I confirm that the Participant is: (a) in good health and proper physical condition and does not have any medical or other conditions that would impair his/her/their ability to participate in the Activity; and (b) not experiencing symptoms of any disease (such as cough, shortness of breath, or fever/[OTHER SYMPTOMS]]). I will comply and shall ensure that the Participant complies with all federal, state, and local laws, orders, directives, and guidelines related to the Activity while on the Premises or participating in the Activity, including, without limitation, requirements related to rules of Karate Championships, [Federation] and safety equipment. I will also follow all instructions, recommendations, and cautions of the Company and any of the Releasees at all times. If at any time I believe conditions to be unsafe or the Participant is no longer in proper physical condition to participate in the Activity, I will immediately halt and prevent further participation of the Participant in the Activity.
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Company or any other Releasees, in a final and non-appealable judgment, arising out of or resulting from any claim of a third party related to participation of the Participant in the Activity, including any claims arising out of my own negligence or the ordinary negligence of the Company or any other Releasees.
I hereby consent on behalf of the Participant, for the Participant to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if the Participant is injured or requires medical attention during his/her/their participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation and I release all parties from any type of liability for anything that may happen during the Participant’s treatment.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and their respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in [COUNTY], California and I hereby consent to the exclusive jurisdiction of such courts.
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BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF THE PARTICIPATION IN THE ACTIVITY. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT, I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.
NAME OF THE PARTICIPANT: _____________________
I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release of Liability and Assumption of Risk.
Signed:
_____________________
Printed Name of Parent or Legal Guardian:
_____________________
Address:
_____________________
_____________________
Date: _____________________]
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