WAIVER AND RELEASE, ASSUMPTION OF RISK & INDEMNITY AGREEMENT
(WAIVER AND RELEASE)
Last Updated on July 17th, 2020
IN CONSIDERATION OF ME BEING ALLOWED TO PARTICIPATE IN ANY WAY IN ANY JOSE MORALES BOXING ACADEMY, INC. ACTIVITIES, I AGREE:
1. I understand the nature of JMBA activities and my experience and capabilities and believe I am qualified to participate in such activities. I further acknowledge that I am aware the activity will be conducted in the facilities open to the public during the activity. I further agree and warrant that if I believe conditions to be unsafe, I will immediately discontinue further participation in the activity.
2. I FULLY UNDERSTAND that (a) JMBA. activities involve risks and dangers of SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“Risks”); (b) these risks and dangers may be caused by me or the action or inaction of other participating in the activity, the condition in which the activity takes place, or the NEGLIGENCE OF THE RELEASEES NAMED BELOW; (c) there may be other risks ands social and economic losses either known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of my participation in these activities.
3. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS JMBA, their respective administrators, directors, agents, officers, volunteers, coaches, employees, other participants, any sponsors, advertisers, and if applicable, owners and leassors of premises on which the activities take place (each considered on of the “releasees” herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the “releasees” or otherwise, including negligent rescue operations and further agree that it, despite this release, I, or anyone on my behalf makes a claim against any of the Releasees named above, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
4. IT IS HEREBY AGREED THAT in the event of a dispute between the undersigned (or another person acting on the undersigned’s behalf) and JMBA or any of the releasees, the excLusive venue and jurisdiction for any lawsuit arising out of such dispute shall be in the STATE COURT OF SACRAMENTO COUNTY, STATE OF CALIFORNIA.
5. GOVERNING LAW: The undersigned understands and agrees that this document is intended to be as broad and inclusive as permitted under applicable law and shall be governed by CALIFORNIA LAW.
6. SEVERABILITY: If any provision of this document is determined to be invalid for any reason, such invalidity shall not affect the validity of any of the other provisions, which other provisions shall remain in full force and effect as if this document has been executed with the invalid provision eliminated.
FEMALE PARTICIPANTS: I certify that I am not pregnant or have any painful pelvic discomfort such as symptomatic endometriosis or other causes (Etiology), abnormal vaginal bleeding of undetermined causes, recent loss of menstrual period (Secondary amenorrhea), recently developed breast mass, recent breast dysfunction previously not present or surgical breast implants. I further agree that I will immediately notify my coach, trainer, or other JMBA representative if any of the above described conditions should develop and/or apply.
ALL PARTICIPANTS: I certify that I have had no injuries to my hands, neither fractures nor broken bones, which exist now or occurred within 3 months preceding the date of the signing of this form, and know of no injuries to the head, concussions, fainting spells or headaches. I will notify my coach, trainer or other JMBA representative immediately should any of these injuries or conditions be experienced in the future. I further agree that if I do experience any of the aforementioned conditions or injuries, I will immediately cease training and sparring as a boxer until such conditions or injuries no longer exist.
Jose Morales Boxing Academy
Marketing & Media
I grant permission to Jose Morales Boxing Academy, its agents and employees the irrevocable and unrestricted right to reproduce the photographs and/or video images taken of me, or members of my family in or around the facility including but not limited to any outside events Jose Morales Boxing Academy host or attend, for the following included but not limited to; the purpose of publication, promotion, illustration, advertising or trade, in any manner or in any medium. I hereby release Jose Morales Boxing Academy and its legal representatives for all claims and liability relating to said images or video. Furthermore, I grant permission to use my statements that were given at any time, with or without my name, for the purpose of advertising and publicity without restriction. I waive my rights to any compensation.
I have read, understood and agree with all the terms and restrictions above.
I acknowledge that I am ( ) Over the age of 18
( ) The legal guardian of the following
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