LIABILITY WAIVER
In consideration of the risk of injury while participating in Martial Art/ Fitness (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Cephas karate Jujitsu Elite Academy ( CKJ Elite Academy & Fitness LLC ), located at 7703 N El Capitan Way Las Vegas, Nv 89143 their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TOME,OF MYPARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless Cephas karate Jujitsu Elite Academy ( CKJ Elite Academy & Fitness LLC ) against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation orotherwise brought by meoranyoneonmybehalf,includingattorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Cephas karate Jujitsu Elite Academy ( CKJ Elite Academy & Fitness LLC ) incurs any of these types of expenses, I agree to reimburse Cephas karate Jujitsu Elite Academy ( CKJ Elite Academy & Fitness LLC ). I acknowledge that Cephas karate Jujitsu Elite Academy ( CKJ Elite Academy & Fitness LLC ) and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Cephas karate Jujitsu Elite Academy ( CKJ Elite Academy & Fitness LLC ). I acknowledge that this Activity may involve a test of a person's physical and mental limits and maycarry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused byterrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I . ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Cephas karate Jujitsu Elite Academy ( CKJ Elite Academy & Fitness LLC ) AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Cephas karate Jujitsu Elite Academy ( CKJ Elite Academy & Fitness LLC ) FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Cephas karate Jujitsu Elite Academy ( CKJ Elite Academy & Fitness LLC ), its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, and Cephas karate Jujitsu Elite Academy ( CKJ Elite Academy & Fitness LLC ) agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained with in this Release of Liability shall be deemed to beseverable or invalid, or ifany term, condition, phrase or portion of this agreement shall be determined to be unlawful or other wise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be in valid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I, the under signed participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified or ally. I am aware that this is are lease of liability and a contract and that I am signing it of my own free will.
MEDIA RELEASE
I , the unsigned, do hereby consent and agree that Cephas Brazilian Jiu Jitsu Academy DBA, its employees, or agents have the right to take photographs of, videotape, or digitally record me during any of the camps, personal training, private sessions, or events and to use these in any and all media, now or hereafter known, and exclusively for the purpose of promoting these events. I further consent that my name and identity may be revealed therein or by descriptive text or commentary. I do hereby release Cephas Brazilian Jiu Jitsu Academy DBA, its agent, and employees all rights to exhibit this work in print and electronic form publicity or privately and to market to sell copies. I waive any rights, claims, or interest I may have to control the use of my identity or likeness in whatever media used. I understand that there will be no financial or other remuneration for recording me, either for initial or subsequent transmission or playback. I also understand that Cephas Brazilian Jiu Jitsu Academy DBA is not responsible for any expense or liability incurred as a result of my participation in media recording/ session, including medical expenses due to any sickness or injury as a result. I represent that I am at least 18 years of age, have read and understand the foregoing statement, and am competent to execute this agreement. If under the age of 18, I have secured the signature of my parent or legal guardian. DO NOT SIGN THIS AGREEMENT UNLESS YOU UNDERSTAND THE TERMS COMPLETELY. IF YOU DO NOT UNDERSTAND, YOU SHOULD SEEK LEGAL COUNSEL.
COVID 19 RELEASE OF LIABILITY FORM
CKJ Elite Academy & Fitness LLC , hereafter dba “ Cephas Brazilian Jiu Jitsu Academy” has put in place preventive measures to reduce the spread of COVID-19; however, CKJ Elite Academy & Fitness LLC cannot guarantee that you will not become infected with COVID-19. Further, attending the gym could increase your risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending the gym and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the gym may result from the actions, omissions, or negligence of myself and others, including, but not limited to, employees and other participants. I knowingly and freely assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at the gym or participation in gym programming (“Claims”).