Temple Terminus: A Saber Club - WAIVER AND RELEASE OF LIABILITY
  • WAIVER AND RELEASE OF LIABILITY

    Temple Terminus: A Saber Club
  • In consideration of the risk of injury while participating in Light fencing (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 Temple Terminus: A Saber Club, 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 TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

  • I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS.

    The risks may include, but are not limited to, those caused by terrain, 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 IF I HAVE NOT RECEIVED A COVID-19 VACCINATION I WILL BE REQUIRED TO WEAR A MASK WHILE PARTICIPATING IN THE ACTIVITY.

    I ACKNOWLEDGE THAT IF I AM EXPERIENCING COVID-19/FLU-LIKE SYMPTOMS THAT I WILL NOT BE ALLOWED TO PARTICIPATE IN THE ACTIVITY AND WILL BE SENT HOME.

    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 Temple Terminus: A Saber Club 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 Temple Terminus: A Saber Club FOR PERSONAL INJURY OR PROPERTY DAMAGE.

  • PHOTO AND VIDEO APPEARANCE RELEASE The undersigned enters into the following agreement ("Agreement") with Temple Terminus: A Saber Club and its successors, licensees and assigns (collectively known as "Producer"): I have been informed that Producer is capturing photos and video, and that my full name, likeness, image, voice, appearance and/or performance is being recorded and MAY be used as part of the recording in which I appear ("Content")

    1. I grant the Producer the right to use the Content in any format, now known or later developed. I grant, without limitation, the right to edit, mix or duplicate and use or re-use Content in whole or in parts as the Producer may elect. The Producer or its designees have complete ownership of the Content, including copyright interests.

    2. I grant the Producer and its designees the right to broadcast, exhibit, market and otherwise distribute the Content, in whole or in parts, and alone or with other contents, for any purpose Producer or its designees determine. This grant includes the right to use Content for promoting or publicizing.

    3. I grant the Producer and its designees the right to transfer ownership of the Content as they see fit.

    4. I have the right to enter into the Agreement and am not restricted by commitments to third parties.

    5. The Producer has no financial commitment or obligations to me as a result of the Agreement.

    6. In consideration of all the above, I hereby acknowledge receipt of reasonable and fair consideration from Producer. I have read, understand and agree to all of the above and that the rights granted Producer herein are perpetual and worldwide:

    I grant permission to Temple Terminus: A Saber Club and its associates to take photo and video of my likeness, voice, and performance and publish it online, in social media, or in print, for the purpose of promoting Temple Terminus: A Saber Club and/or highlighting my skill or performance. I grant permission to Temple Terminus: A Saber Club to tag me on social media. If I am opposed to any particular use of my appearance or personal information, I understand it is my responsibility to inform Temple Terminus: A Saber Club and/or affiliates before publishing.

  • To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Temple Terminus A Saber Club, 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 Temple Terminus: A Saber Club 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 within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise 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 invalid 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 undersigned 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 orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.

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  • Temple Terminus: A Saber Club Emergency Contact Release

    The activity of light fencing is a rough contact sport. While we take every possible opportunity to make participation safer, the possibility of injury is always there. The purpose of this form is to provide an emergency contact in the event of serious medical emergency. Please fill out this section in its entirety.
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