Black Fox Wrestling Academy
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Release and Waiver of Liability and Indemnity Agreement (Read Carefully Before Signing)
In consideration of being permitted to participate in any way in Black Fox Wrestling Academy indicated below and/or being permitted to enter for any purpose any restricted area (herein defined as any area where admittance to the general public is prohibited), the parent(s) and/or legal guardian(s) of the minor participant(s) agree:
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1. The parent(s) and/or legal guardian(s) will instruct the minor participant that before participating in the below Black Fox Wrestling Academy event, he or she should inspect the facilities and equipment to be used and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate. I understand and agree that if, at any time, I feel anything to be UNSAFE, I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
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2. I/WE fully understand and acknowledge that:
(a) There are risks and dangers associated with participation in Black Fox Wrestling Academy events and activities, which could result in bodily injury, partial and/or total disability, paralysis, and death.
(b) The social and economic losses and/or damages that could result from these risks and dangers described above could be severe.
(c) These risks and dangers may be caused by the participant's action, inaction, or negligence or the action, inaction, or negligence of others, including, but not limited to, the Releases named below.
(d) There may be other risks not known or are not reasonably foreseeable at his time.
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3. I/WE accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis, or death, however, caused and whether caused in whole or in part by the negligence of the Releases named below.
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4. I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Black Fox Wrestling Academy facility used by the participant, including its owners, managers, promoters, lessees of premises used to conduct Black Fox Wrestling Academy event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding Black Fox Wrestling Academy facility or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as “Releasee”...FROM ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.
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5. I/WE HEREBY acknowledge that THE ACTIVITIES OF THE EVENT (S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
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6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
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7. On behalf of the participant and individually, the undersigned partner(s) and/or legal guardian(s) for the minor participant execute this Waiver and Release. If, despite this release, the participant makes a claim against any of the Releases, the parent(s) and/or legal guardian(s) will reimburse the Releasee for any money they have paid to the participant or on his behalf and hold them harmless.
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ADDITIONAL RULES/RELEASES FOR PARTICIPATION
1. I understand that strict and immediate compliance with all rules and commands (by instructors, students, training partners, and any other participants) is required.
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2. Although I agree that every reasonable precaution is taken during training and wrestling, I also understand that the ultimate responsibility for my (or the minor participant's) physical and mental safety is mine (or the minor participant's) alone. I hereby assume full responsibility and liability for all damages, injuries, and losses that I (or a minor participant) may sustain or incur while participating in or watching any wrestling session.
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3. I realize that serious injury is commonplace in wrestling and that even death is a very real possibility. I also realize that if I (or a minor participant) am injured during training or wrestling, I (or the minor) might be disfigured, disabled, and/or rendered unable to work again. I realize that regardless of how these consequences might occur – whether it be the result of another’s actions, the action or inaction of an instructor or other volunteer or representative of Black Fox Wrestling Academy, the condition of the mats used, the conduct of a non-participant or some other reason – by entering into this agreement I (or minor) accept the risk of participating in training and wrestling and give up and waive all claims I or anyone acting on my behalf or through me might have against David Taylor, Black Fox Wrestling Academy and the owners, operators, or persons in charge of such establishment, or their agents, servants or employees for any injury regardless of its nature, effect or affect on me as a result of my participation and/or presence.
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I represent that I (or the minor participant) am in good health; that I am not presently, nor will I participate while under the influence of any drug or medication; that no one affiliated with Black Fox Wrestling Academy has encouraged me (or minor) to enter or made any representations regarding my (or minor) fitness or ability to participate; that I have read and understood every provision of this release; and that I am legally competent to and freely enter into this waiver, release and assumption of risk agreement. I further understand that I have forfeited substantial rights in doing so. I understand it is intended to be a complete and unconditional release of all liability to the greatest extent allowable by law, and I agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
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Medical Emergency
1. In the event that I/my child need immediate medical attention for injuries received while participating in a Black Fox Wrestling Academy wrestling program, I authorize the Black Fox Wrestling Academy staff to give my child reasonable first aid and to arrange transport of myself or my child to a health care facility for emergency services as needed.
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2. I hereby acknowledge that the Black Fox Wrestling Academy, LLC will assume that either parent of the child may pick up the child at any time during the program unless there is pertinent court documentation on file at Black Fox Wrestling Academy that indicates otherwise.
3. I agree to the release of any records necessary for treatment, referral, billing, or insurance purposes. Black Fox Wrestling Academy receives medical information on campers/participants that may need to be shared with medical providers.
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4. If I or my child requires the use and administration of an epi-pen, prescription, or over-the-counter medication, it is my responsibility to ensure that the epi-pen and/or medication are on me or my child or within our personal belongings every day of the program. If Black Fox Wrestling Academy staff is required to administer and use the epi-pen and/or medication, I agree to forever release and discharge Black Fox Wrestling Academy and its directors, officers, and employees from any and all liability arising out of or resulting from use or administration of the epi-pen and/or medication.
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I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Black Fox Wrestling Academy
Terms, Conditions, Cancellations
1. Failure to attend class does not signify or imply notification to cancel your membership or registration.
2. Athlete’s failure to continue lessons during the notification or program period does not relieve the obligation to pay the remaining registration fee balance in full.
3. The undersigned understands that the Registration Fees listed are subject to change at any time by management.
4. Undersigned assumes all responsibility for any costs of collection, including but not limited to reasonable collection agency fees, court costs, reasonable attorney's fees, and applicable late charges that may be incurred for default payments.
5. Black Fox administrators may make any modifications in the class schedule as deemed necessary. Such modification does not relieve the undersigned of their payment obligations under any circumstances.
6. Black Fox administrators may cancel practice for a variety of reasons including, but not limited to, holidays, special events, inclement weather, coach/team travel, illness, unavailability of coaches, facility unavailability, maintenance, or closures without affecting registration fee payments.
7. The registration fees for Black Fox Wrestling Academy and programs are variable in length.
8. By entering into the agreement the undersigned grants Black Fox Wrestling Academy and its agents permission to use photographs, videotapes, artwork or other likenesses of themselves or their child/ward for marketing, trade, publishing or any other lawful purpose.
9. Membership / enrollment / registration fees are non-cancelable and non-transferable except as stated herein.
10. Athlete's failure to attend scheduled lessons relieves the obligation of the school to provide lessons after the program end date.
11. Undersigned authorizes the use of a disclosed email address for billing purposes and acknowledges that e-mail text may include financial information pertaining to the membership.
13. It is agreed by and between the parties that should legal action be required to enforce the provisions of this agreement, the prevailing party of such action should be entitled to costs and reasonable attorney's fees.
Cancellation Policy (Team / Club Registration Fees)
1. Registration Fees are non-transferrable, non-refundable, and non-cancelable. By signing up and registering your athlete a Buyer agrees to pay the full season registration fee up front or in monthly installment payments. Monetary refunds will not be issued under any circumstances. No refunds or credits will be issued for any reason after the season/session has started.
2. Monthly installment payments are not month-to-month memberships. If a buyer chooses the payment plan option, they are agreeing to pay the required number of installment payments outlined and offered in exchange for not paying a lump sum payment upfront for registration fees.
3. If a Buyer and their athlete decide for whatever reason that they want to discontinue their membership/participation with Black Fox Wrestling Academy, they may do so at any time, understanding and acknowledging that the full registration fee for that season is still applicable, owed, and will not be refunded.
4. A buyer who fails to pay the required monthly installment payments will have their athlete removed from club practices and events until payment in full has been received. Removal of an athlete from practice does net eliminate or reduce the Buyer’s obligation to pay all remaining monthly installment payments owed.
5. The Buyer acknowledges that the overall cost of a monthly installment payment plan may be more than payment upfront.
6. If a buyer cancels their monthly installment payments prior to paying the full registration fee, the Buyer and their wrestlers will not be allowed to register or attend any future Black Fox practices or events until all fee owed have been paid and future registrations will require the Buyer to pay the full fee upfront.
Black Fox Camps
All payments are non-refundable. Enrollment is non-transferable.
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Black Fox Wrestling Academy
WRESTLING ROOM RULES AND CODE OF CONDUCT
Wrestling is a fun, yet intense sport. With that in mind, there will be certain procedures in place to insure that everyone benefits. Failure to recognize the following may result in disciplinary action or dismissal from Black Fox Wrestling Academy without refund.
Wrestlers/Parents:
1. Please follow all directions of the Coaches—no exceptions.
2. Do not fight with, mistreat, taunt, or in any way intentionally injure another wrestler.
3. Do not misuse the facilities or equipment.
4. Participate in all activities-stretching, instruction, live wrestling, conditioning, etc.
5. Will help with cleaning up the wrestling room each night.
6. All members are required to practice proper hygiene. This includes but is not limited to:
- washing all clothing and equipment to be used before each workout.
- keep fingernails and toenails trimmed.
- cover up ALL wounds.
- absolutely no training if you have Staph or any mat related viruses or diseases.
7. Wrestling shoes are required for every practice.
8. Mouthguards are strongly recommended.
9. A water bottle with your name on it is recommended.
10. No metal is allowed on your clothing or shoes. Also, no earrings, necklaces, bracelets or rings are allowed.
11. Wrestlers and families will cleanup after themselves
12. All Black Fox Wrestling Academy coaches, staff and volunteers are to be treated with the highest respect.
15. Videotaping of practices is prohibited.
COVD-19 Release
Black Fox Wrestling Academy
Release of Liability – Read Before Acknowledging
In consideration of my minor child (“my child”) being allowed to participate in this wrestling program/camp and its related events and activities, I, the undersigned, acknowledge, appreciate, and agree that:
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The risk of serious injury from wrestling is always present due to the nature of the sport, which presents risks that cannot be eliminated, regardless of the care taken to avoid injuries and illness. I understand that my/my child's participation in Black Fox Wrestling Academy practices, activities, camps, and use of wrestling facilities is completely voluntary in all respects and I assume all risks of injury, illness and/or death to my child or others that may result from such use; and
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I understand that the dangers and risks of practicing and competing in wrestling include, but are not limited to, transmittable disease - including Covid-19 and the transmittal thereof, disorders, death, serious neck and spinal injuries which may result in complete or partial paralysis, brain damage, blindness, serious injury to virtually all internal organs, serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of the musculoskeletal system, and serious injury or impairment to other aspects of my body, general health and well-being. I understand that the dangers and risks of practicing or competing in wrestling may result not only in serious injury, but in a serious impairment of my future abilities to earn a living, to engage in other business, social and recreational activities and generally to enjoy life. THUS, FOR MYSELF, SPOUSE, AND CHILD, 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 child’s participation; and
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I have fully informed myself of the most recent national, state and local government orders, warnings and instructions as they pertain to Covid-19, and I have fully informed myself of the risks associated with my child participating in Black Fox Wrestling Academy practices, activities and camps in light of said orders, warnings and instructions. Having been so informed, FOR MYSELF, SPOUSE, AND CHILD, 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 child’s participation; and
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I fully agree, and warrant my compliance, to Black Fox Wrestling Academy’s stated and customary terms and conditions for my child’s participation, including, but not limited to: (a) I will ensure my wrestler will partake in the pre-practice protocol (checking of temperature, answering questions, etc.), (b) I will not send my wrestler to practice nor allow him/her to participate in any Black Fox Wrestling Academy event if he/she has exhibited any of the following symptoms in the previous 72 hours: cough, shortness of breath, fever (100 F or more), chills, muscle pain, headache, sore throat all required protocols and conditions, (c) I will not send my wrestler to practice nor allow him/her to participate in any Black Fox Wrestling Academy event if I, my wrestler and/or my wrestler’s siblings have been exposed to someone with COVID-19 symptoms in the previous 14 days.
If I observe any unusual concern in my child’s readiness or capability for participation, I will remove my child from participation and will immediately bring such to the attention to Black Fox Wrestling Academy; and
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I acknowledge and agree that Black Fox Wrestling Academy, LLC, its agents, and employees are not health care practitioners and that they cannot be expected to diagnose and/or treat individual health problems and/or injuries. I further acknowledge that Black Fox Wrestling Academy practices, activities and camps do not have health care practitioners to diagnose and/or treat individual health problems and/or injuries. I understand that the dangers and risks of allowing my child to participate in Black Fox Wrestling Academy practices, activities and/or camps without the presence of a health care practitioner include, but are not limited to, failure to recognize a participant with a transmittable disease - including Covid-19, delay in emergency medical treatment, failure to recognize exacerbation of injury and death. THUS, FOR MYSELF, SPOUSE, AND CHILD, 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 child’s participation; and
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I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Black Fox Wrestling Academy, LLC, limited liability company formed under the laws of the State of Pennsylvania, its affiliates, officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for activity (“Releases”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, regarding my child and/or arising from his/her activities, including the transmission of COVID-19 to any individual, WHETHER ARISING FROM NEGLIGENCE OF THE RELEASEES OR OTHERWISE, except for willful misconduct, or otherwise to the fullest extent of the law. This is a complete and irrevocable release and waiver of liability. Specifically, and without limitation, I hereby release the Released Parties from any liability, claim, or cause of action arising out of the Released Parties' negligence. I covenant not to sue the Released Parties from any alleged liabilities, claims, or cause of action release hereunder
I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND THEIR TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.