HOUSTON SWORD SPORTS
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RELEASE & INDEMNITY

Like many things in life, fencing carries a certain amount of risk and this document lays some of them out. But bear in mind the only Summer Olympic sports safer than fencing are diving, synchronized swimming, rowing, canoeing, and sailing. Less safe? Badminton and table tennis. Fencing has a long history of taking safety seriously and as a result most injuries leading to lost time are either pulled muscles or sprains. The most serious injuries most fencers deal with are blisters and bruises. As long as you wear your gear, fencing will be the safest part of your workout.

RELEASE OF LIABILITY – READ BEFORE SIGNING

In consideration of being allowed in any way in Houston Sword Sports, LLC’s (“HSS”) program, its related events and activities, I, , the undersigned, acknowledge, appreciate and agree that:

1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,

3. I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the Company immediately; and

INDEMNITY

4. I, for myself and on behalf of my heirs, assigns, personal representatives, sponsoring agencies, sponsors, INDEMNIFY, DEFEND AND HOLD HARMLESS HSS, its officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the activity (“Releasees”), with respect to any and all claims and causes of action arising out of HSS’s activities or my participation therein, regardless of whether those claims arise in whole or in part out of the actual or alleged negligence or gross negligence of Houston Sword Sports, LLC, or any other Releasee.

ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

Houston Sword Sports (“HSS”) has put in place preventative measures to reduce the spread of COVID-19; however, the Club cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the Club could increase your risk and your child(ren)’s risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the Club 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 Club may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Club employees, volunteers, and program participants and their families.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the Club or participation in Club programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the Club, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Club program.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

FOR PARENTS/GUARDIANS OF PARTICIPANTS OF MINORITY AGE
(UNDER AGE 18 AT TIME OF REGISTRATION)

This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my child and our heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.


PHOTO RELEASE

I hereby permit Houston Sword Sports (HSS) to publish photographs taken of this fencer during this class, and the fencer’s name and likeness, for use in print, online and video-based marketing materials as well as other publications by these organizations.

I hereby release and hold harmless these organizations from any reasonable expectation of privacy or confidentiality associated with the images specified above.

I further acknowledge that participation is voluntary and that this fencer will not receive financial compensation of any type associated with the taking or publication of these photographs or participation in organization marketing materials or other HSS publications. I acknowledge and agree that publication of said photos confers no rights of ownership or royalties whatsoever.

I hereby release Houston Sword Sports, and any third parties involved in the creation or publication of marketing materials, from liability for any claims by this fencer or any third party in connection with their participation.

Fencer’s Signature