Covid Release and Mershad’s Martial Arts Release Waiver

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic. 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.

Mershad’s Martial Arts LLC., an Ohio Corporation doing business as (DBA) Ultimate Leadership Martial Arts (“ULMA”) and Ultimate Leadership Martial Arts of Springboro has put in place preventative measures to reduce the spread of COVID-19; however, ULMA cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending ULMA could increase your risk and your child(ren)’s risk of contracting COVID-19.

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

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself or my child(ren) (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 myself or my child(ren)’s attendance at ULMA or participation in ULMA programing (“Claims”). On my behalf, and behalf of my child(ren), I hereby release, covenant not to sue, discharge, and hold harmless ULMA, it’s 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 ULMA, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any of ULMA’s programs.

 Martial Arts Class and Event Release Form

“RELEASED PARTIES” AS USED HEREIN MEANS MERSHAD MARTIAL ARTS INC. DBA ULTIMATE LEADERSHIP MARTIAL ARTS, THEIR AGENTS, SERVANTS, EMPLOYEES, VOLUNTEERS, DIRECTORS, STUDENTS, AND INSTRUCTORS.
I, or the minor participant will be a voluntarily participant in TaeKwonDo/Karate classes and may attend events associated therewith. I understand that TaeKwonDo/Karate is a contact sport and has the potential for serious physical injury. In recognition of the possible dangers connected with this contact sport, and in consideration of the instruction in TaeKwonDo/Karate which I or the minor participant shall be receiving from RELEASED PARTIES, I am voluntarily signing this Agreement to waive any right or claim I may have arising out of the instruction of my, or the minor participant’s participation in TaeKwonDo/Karate. I am releasing RELEASED PARTIES from any and all liability, including medical and health care expenses, for any injury or damage to me or to the minor participant arising out of or in any way connected with the instruction or participation in any TaeKwonDo/Karate activity, EVEN IF THE INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER FAULT OF ONE OR MORE OF THE RELEASED PARTIES.
In consideration of the services of Mershad’s Martial Arts Inc., the rate charged for those services and the right to engage in activities at Mershad’s Martial Arts Inc. as a participant, hereby acknowledge, agree, promise and covenant with RELEASED PARTIES, and all other persons or entities which may be connected to or with Mershad’s Martial Arts Inc. as follows:
1. I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE RELEASED PARTIES from all liability to me, or the minor participant, my, his or her personal representatives, assigns, heirs, and next of kin for any and all loss, injuries, or damage, and any claim or demands therefore, on account of injury, death, or illness to me or the minor participant, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE while I, or the minor participant, am participating in any Mershad’s Martial Arts L.L.C. event, whether it be active participation or mere observance.
2. I ACKNOWLEDGE, UNDERSTAND AND APPRECIATE THE INHERENT RISKS, KNOWN AND UNKNOWN, WHICH MAY BE INVOLVED IN THE PARTICIPATION OF SUCH ACTIVITY IN MERSHAD’S MARTIAL ARTS Inc. INCLUDING BUT NOT LIMITED TO RELEASED PARTIES’ SPONSORED EVENTS OCCURRING OFF MERSHAD’S MARTIAL ARTS Inc. PREMISES, EVENTS WHICH BY ITS NATURE INCLUDES INTENSE, STRESSFUL, AND STRENUOUS EXERCISES AND BODY CONTACT. I FURTHER ACKNOWLEDGE THAT MY PARTICIPATION AND/OR THAT OF THE MINOR PARTICIPANT WILL INVOLVE STRENUOUS PHYSICAL EXERCISE. I HAVE (THE MINOR PARTICIPANT HAS) NO MEDICAL CONDITION WHICH WOULD PREVENT ME (THE MINOR PARTICIPANT) FROM ENGAGING IN STRENUOUS PHYSICAL EXERCISE (E.G. HEART DISEASE) OR WOULD LIKELY INCREASE THE RISK OF PHYSICAL HARM TO ME (THE MINOR PARTICIPANT) (E.G. PRIOR BACK INJURY) OR TO OTHERS. IT HAS BEEN RECOMMENDED TO ME THAT I (AND/OR THE MINOR PARTICIPANT) CONSULT WITH A PHYSICIAN BEFORE ENGAGING IN ACTIVITIES RELATED TO TAEKWONDO, KARATE OR OTHER ACTIVITIES OFFERED BY THE RELEASED PARTIES. I FURTHER EXPRESSLY CONSENT, UNDERSTAND AND RECOGNIZE THAT THESE RISKS MAY RESULT IN SERIOUS INJURY OR ILLNESS, INCLUDING BUT NOT LIMITED TO, BRUISES, BLOODY NOSES, BROKEN BONES, HEART ATTACKS OR OTHER CARDIOVASCULAR INJURY, OR OTHER SERIOUS INJURY THAT CAN RESULT IN SERIOUS INJURY OR DEATH. I FURTHER UNDERSTAND AND ACKNOWLEDGE THAT THESE RISKS MAY RESULT IN PERSONAL CLAIMS AGAINST RELEASED PARTIES, OR CLAIMS AGAINST ME OR THE MINOR PARTICIPANT BY OTHER PARTICIPANTS OR OTHER THIRD PARTIES. I EXPRESSLY COVENANT NOT TO SUE THE RELEASED PARTIES FOR ANY DAMAGES OR INJURIES WHICH MAY RESULT FROM MY OR THE MINOR PARTICIPANT’S PARTICIPATION IN OR OBSERVANCE OF MERSHAD’S MARTIAL ARTS Inc. CLASSES OR EVENTS.
3. I ASSUME FULL RESPONSIBILITY FOR ALL RISKS OF BODILY INJURY TO ME OR THE MINOR PARTICIPANT, INCLUDING BUT NOT LIMITED TO, BRUISING, BLOODY NOSES, BROKEN BONES, HEART ATTACKS OR OTHER CARDIOVASCULAR INJURY, OR OTHER SERIOUS INJURY THAT CAN RESULT IN DEATH DUE TO THE NEGLIGENCE OF RELEASED PARTIES, WHILE PARTICIPATING OR OBSERVING IN ANY MERSHAD’S MARTIAL ARTS Inc.CLASS OR OTHER EVENT.
4. I EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE ACTIVITIES OF MERSHAD’S MARTIAL ARTS L.L.C. MAY AND CAN BE DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY OR ILLNESS AND/OR DEATH AND/OR PROPERTY DAMAGE. I, OR MINOR PARTICIPANT, ACCEPT AND ASSUME THESE RISKS. I agree that this Agreement of Release is intended to be as broad and inclusive as is permitted by the laws of the State of Ohio or the law of the state in which the event is conducted.
5. I release RELEASED PARTIES from any and all liability, including but not limited to medical or other health care expenses, for any injury or damage to me (or to the minor participant) occurring on or around the premises of Mershad’s Martial Arts L.L.C. during times even when I or the minor participant is not participating in TaeKwonDo/Karate activity, EVEN IF THE INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER FAULT OF ONE OR MORE OF THE RELEASED PARTIES. I acknowledge that the skills I or the minor participant may learn are to be used for personal mental and physical development and for self defense purposes only. I further acknowledge that these skills may not prevent me or the minor participant from being injured or killed in any physical encounter with another person while on or around the Mershad’s Martial Arts Inc. premises or elsewhere. I release the Released Parties from any and all liability, including but not limited to medical or other health care expenses, for any injury or damage to me (or to the minor participant) based on a claim of breach of contract (express or implied), breach of representation or warranty (express or implied) and any other theory of liability (contract, tort or other).
6. I agree to abide by all rules and regulations of Mershad’s Martial Arts Inc. I acknowledge and affirm that I, or the minor participant, am in good physical condition and do not suffer from any disability or other condition whatsoever which would prevent or limit participation in Mershad’s Martial Arts Inc.
7. I HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY LOSS, LIABILITY, DAMAGE, INJURIES, COSTS (INCLUDING ATTORNEY FEES) THAT MAY OCCUR AS A RESULT OF MY, OR THE MINOR PARTICIPANT’S, PARTICIPATION IN ANY MERSHAD’S MARTIAL ARTS Inc. EVENT, OR THAT MAY ARISE ON THE PREMISES OF SUCH CLASS OR EVENT OR ARISE OUT OF ANY INJURY I OR THE MINOR PARTICIPANT MAY CAUSE TO ANOTHER PERSON BY REASON OF MY USE OF TAEKWONDO/KARATE, OTHER MARTIAL ARTS OR SKILLS I MAY HAVE LEARNED OR RECEIVED INSTRUCTION FROM THE RELEASED PARTIES OR OTHERWISE, EVEN IF THE INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER FAULT OF ANY OF THE RELEASED PARTIES.
8. In the event that any provision hereof shall be adjudged by a court of competent jurisdiction to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not effect the remaining provisions, and this Agreement of Release shall be construed to the extent possible as if such invalid, illegal or unenforceable provision, or part thereof, had never been contained herein.
9. I have read this Agreement of Release and I understand all of its terms and provisions. All my questions have been answered. I clearly understand all of the risks involved in TaeKwonDo/Karate. There are no oral statements or representations made to me not contained in this Agreement. I UNDERSTAND THAT IF I OR THE MINOR PARTICIPANT IS HURT, I WILL HAVE NO RIGHT TO MAKE A CLAIM OR SUE ANY OF THE RELEASED PARTIES.