RELEASE AND WAIVER OF LIABILITY FOR MINORS AND ADULTS
This Release and Waiver of Liability (the "Release") executed on the date below by an individual wishing to attend wrestling classes, workouts, or camp (the "Wrestler") and the parent having legal custody and/or the legal guardian of Wrestler, if Wrestler is under the age of eighteen (18) (the "Guardian") (when Wrestler is under the age of 18, Wrestler and Guardian shall collectively be referred to as “Wrestler”), in favor of Miami Hawks Wrestling Corp, a Florida limited liability company, and any affiliated sister or parent company of Miami Hawks Wrestling Corp(hereinafter collectively referred to as the “Company”).
Wrestlers desire to attend a wrestling class, workouts, clinic or camp run by the Company on Company property and engage in Club related to being a wrestler (collectively the "Workouts" or “Camp”). Wrestlers understand that the Workouts may include but are not limited to the following: wrestling on mats with other wrestlers, counselors, and coaches, exercising with and without the use of equipment, and other activities related to learning wrestling skills.
Wrestler understands that the nation was in a COVID-19 pandemic, COVID 19 which includes but is not limited to SARS-Co-V-2, SARS, MERS, COVID-19, coronavirus, and all other related viruses and mutations thereof (collectively referred to as the “Virus”), all of which present certain unusual health risks that are highly publicized. Wrestlers voluntarily choose to participate in Workouts and the activities associated therewith.
Wrestler acknowledges, understands, and agrees that there are certain inherent risks and dangers associated with participation in the Workouts, including but not limited to the risk of contracting the Virus, Wrestler knowingly and voluntarily accepts and assumes full responsibility for each of these risks and dangers, as well as all other risks and dangers that could arise out of or occur during participation in the Workouts.
Wrestler does hereby freely, voluntarily, and without duress execute this Release under the following terms:
Release and Waiver. Wrestler does hereby release and forever discharge and hold harmless Company and its successors and assigns from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from Workouts related to the Virus, including but not limited to contracting the Virus while at Workouts. Wrestler understands that this Release discharges Company from any liability or claim that Wrestler may have against Company with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Workouts, whether caused by the negligence of Company, its officers, directors, employees, agents or otherwise. Wrestler also understands that:
RELEASE AND WAIVER OF LIABILITY
Company does not assume any responsibility for or obligation to provide financial assistance or other assistance including but not limited to medical, health, or disability insurance in the event of death, injury, or illness resulting from Workouts whether due to the Virus or otherwise.
Medical Treatment.
Wrestler acknowledges that the Company is not a healthcare provider and cannot diagnose or treat illnesses. Consequently, the Company will not diagnose or treat illnesses at their Workouts. Wrestler does hereby release and forever discharge Company from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with Workouts.
Assumption of Risk.
Wrestler understands that Workouts include exercises, workouts and other activities that may be hazardous to Wrestler and/or put them in situations where Wrestler is in close contact with other people and surfaces. Wrestler hereby expressly and specifically assumes the risk of injury or harm in the Workouts and releases the Company from liability for injury, illness, death, or property damage resulting from the Workouts whether due to exposure to the Virus or otherwise.
Insurance
Wrestler understands that, except as otherwise agrees that Company does not carry health, medical, disability or any other insurance coverage for any wrestler. Each wrestler is expected and encouraged to obtain their own medical or health coverage.
Virus Policy
By signing this Release, Wrestler acknowledges, understands, and agrees that at all times while participating in workouts, clinics, classes of camp, Wrestler will use best efforts to comply with any and all instructions provided by the Company and/or local law enforcement and governmental authorities with respect to maintaining my health and safety, including following CDC Guidelines (e.g. washing hands often, use of hand sanitizer, proper social distancing where possible, wearing appropriate personal protective equipment, covering mouth when coughing or sneezing, and staying home if not feeling well).
Wrestler acknowledges that in the event a wrestler, including the undersigned wrestler, must leave Workouts due to illness, including COVID-19, the remaining wrestlers who are not ill, including the undersigned wrestler, if not ill may continue to participate in Camp at their own risk. The Company cannot, and will not, cease its business activities including Camp each time a wrestler appears to be ill.
Wrestler expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Florida and that this Release shall be governed by and interpreted in accordance with the laws of the State of Florida. Wrestler agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.
ACKNOWLEDGEMENTS
I agree that should one or more provisions in this Agreement be determined to be unenforceable by an arbitrator or a court, the remaining provisions shall continue to be binding and enforceable against me.
I agree and acknowledge that the terms and conditions of this Agreement shall continue in full force and effect now and in the future at all times during which I participate, either directly or indirectly. in the Activities, and shall be binding upon my heirs, executors, administrators, and personal representatives. and/or anyone else claiming on my behalf.
This Agreement supersedes and replaces any prior such agreement in favor of Releasees that I have signed.
I hereby acknowledge that I have read all of the provisions above and fully understand the terms and conditions expressed therein and agree to be bound by such terms and conditions.