Waiver and Release of Liability, Assumption of Risk and Indemnity (“Waiver”) In consideration of being allowed to participate in the martial arts and other physical activities, and to use the facilities and equipment (“Activity”), of NOLA Champion LLC (“NOLA Champion”), in addition to any fee or charge, I agree as follows on behalf of myself, or any minor(s) listed below of which I am the parent and/or legal guardian, and our respective personal representatives, heirs, beneficiaries and assigns: I ACKNOWLEDGE AND AGREE that the Activity involves risks of serious bodily injury, including permanent disability, paralysis and even death, which may be caused by my own actions or inactions, the actions or inactions of said minor(s) or others, or the conditions of the facilities in which the Activity takes place, and I understand that there may be other risks or other social or economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ANY INJURIES, LIABILITIES, CLAIMS, LOSSES, COSTS, AND DAMAGES incurred as a result of my or said minor(s)’ participation in the Activity.
I understand the nature of the Activity and declare that I am or said minor(s) is in good health and proper physical condition to participate in the Activity, and are not suffering from any condition, impairment, disease, infirmity, or other illness that would limit or prevent my or said minor(s)’ participation in the Activity.
I HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE, COVENANT NOT TO SUE AND AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE NOLA CHAMPION PARTIES, THE OTHER ACTIVITY PARTICIPANTS, AND ANY SPONSORS, ADVERTISERS, AND, IF APPLICABLE, OWNERS AND LESSORS OF THE FACILITIES ON WHICH THE ACTIVITY TAKES PLACE (each referred to herein as a “Releasee”) from all liabilities, claims, demands, losses, costs or damages on my account, whether foreseen or unforeseen, caused, alleged to be caused or in any way related to my or said minor(s)’ participation in the Activity, whether or not caused in whole or in part by the negligent acts or omissions of any Releasee or others acting on its behalf, including, without limitation, rescue operations.
I further agree that if, despite this Waiver, I or anyone on my or said minor(s)’ behalf, including without limitation, my or said minor(s)’ personal representatives, heirs, beneficiaries and assigns, makes a claim against any Releasee arising out of or related to my or said minor(s)’ participation in the Activity, I will indemnify, save, and hold harmless each Releasee from any loss, liability, damage, or cost, including without limitation, attorneys' fees, which any Releasee may incur as the result of such claim.
I hereby give permission to NOLA Champion to use any photographic likeness and photogenic likeness of myself and of or said minor(s) obtained during my or said minor(s)’ participation in the Activity, in all forms and media for advertising, trade, security and any other lawful purposes, include without limitation, brochures, leaflets, newsletters, press releases, promotional videos, sweepstakes and games, speeches, exhibitions, presentations, publications, catalogs, Internet websites, emails, magazine, newspaper and Internet advertisements, television, radio and Internet commercials and programs, and other print, video, telephonic and/or electronic channels (collectively, “Advertising”).
NOLA Champion may create various literary, visual and/or audio works in connection with its Advertising, including, without limitation, video and audio recordings, photographs, renderings and/or other works of authorship (collectively, “Works”). I or said minor(s)’ can be a participant, interviewee and/or performer in the Works, and/or may contribute quotations, text, phrases, slogans or other copyrightable works of authorship to NOLA Champion in connection with creation of the Works.
I understand that my or said minor(s)’ image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my or said minor(s)’ likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. There is no time limit on the validity of this Waiver nor is there any geographic limitation on where these materials may be distributed. I further state that I am of lawful age (18) and legally competent to sign this Waiver, and that my signing this Waiver is of my own free act. I also understand and agree that the terms herein are contractual, and they are not mere recital or simply for information purposes.
I HAVE READ THIS WAIVER, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS WAIVER IS HELD TO BE INVALID THE BALANCE SHALL CONTINUE IN FULL FORCE AND EFFECT. TO BE SIGNED BY PARENT/LEGAL GUARDIAN IF NAMED STUDENT/PARTICIPANT IS NOT OF LEGAL AGE (18 YEARS OLD) I AM THE PARENT AND/OR LEGAL GUARDIAN OF THE MINOR(S) LISTED BELOW AND HAVE THE AUTHORITY TO EXECUTE THIS WAIVER ON HIS/HER BEHALF.
I hereby acknowledge that I understand the nature of the Activity and believe and confirm that said minor is capable and qualified to participate in the Activity, and, on behalf of myself, my personal representative, heirs, beneficiaries, assigns, and said minor, I hereby adopt and fully incorporate the entirety of the Waiver on said minor’s account and behalf.