Terms for Back to In-Person Classes - LONE STAR BLACK BELT ACADEMY

LONE STAR BLACK BELT ACADEMY, LLC (“LSBBA”)
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT

LONE STAR BLACK BELT ACADEMY, LLC (“LSBBA”) WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT In consideration for receiving permission for me and my minor child/children to BE ON PREMISES AND PARTICIPATE IN MARTIAL ARTS TRAINING at LSBBA (hereinafter the “Activity or Activities”), I, on behalf of myself and any minor child/children for whom I have the capacity to contract, hereby acknowledge and agree to the following:

1. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates and complying with those guidelines for me and my child/children.

2. Notwithstanding the risks to me and my child/children associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate and/or allow my child/children to participate in Activities.

3. I acknowledge and fully assume the risk of illness or death to me and my child/children related to COVID-19 arising from my being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor child/children for whom I have the capacity to contract) LSBBA, its owners, officers, directors, agents, employees, independent contractors, and assigns (the “RELEASES”) from any liability related to COVID-19 which might occur as a result me and my child/children being on the premises and participating in the Activities.

THIS RELEASE, WAIVER, DISCHARGE, COVENANT NOT TO SUE, AND INDEMNITY SHALL APPLY EVEN IF THE ILLNESS OR DEATH IS CAUSED OR CLAIMED TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASES, INCLUDING, BUT NOT LIMITED TO, ACTUAL OR ALLEGED NEGLIGENCE OF RELEASEES FOR FAILING TO COMPLY WITH ANY PUBLISHED GUIDELINE OR PROTOCOL DESIGNED TO PREVENT THE SPREAD OF COVID-19.

THE INDEMNITY OF THE PERSON SIGNING BELOW SHALL ALSO INCLUDE HIS OR HER OBLIGATION TO INDEMNIFY AND DEFEND THE RELEASES FROM AND AGAINST ANY CLAIM FILED BY OR ON BEHALF OF THE CHILD/CHILDREN AND ALL CLAIMS RESULTING FROM OR RELATED TO ANY ALLEGED OR ACTUAL INSUFFICIENCY OF THE CHILD’S/CHILDRENS’ LEGAL CAPACITY OR LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD/CHILDREN.

4. I shall indemnify, defend and hold harmless the RELEASED from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of me or my child/children with COVID-19 or any other illness or injury.

5. It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASES.

This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Texas.

I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES.

IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; I understand that I have a right to have my own attorney review this document before signing it and, if I sign without having my counsel review it, I have done so by my own choice; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age, am fully competent, and have legal authority and capacity to execute this agreement on behalf of the child/children identified below; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.

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