Schedule

Rogue Wushu and Athletics LLC. Customer Release of Liability and Assumption of Risk Form

In consideration of being permitted by Rogue Wushu and Athletics LLC.  (here forth referred to as RWA) to participate in its activities and to use its equipment and facilities at 1610 Dell Ave Suite S Campbell California, CA 95008, I hereby agree to release, indemnify, and discharge RWA, its agents, owners, managers, employees, volunteers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (the “RELEASED PARTIES”) on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate as follows:

1. I acknowledge that my participation in RWA programs, classes, events, and use of the facilities, and all related equipment and/or property entail known and unknown risks of injury, including but not limited to: physical or emotional injury, death, damage to myself, to property or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities, and such risks are inherent in using all the related equipment and/or property. In any event, if you or your child is injured, you or your child may require medical assistance, at your own expense.
    

2. I acknowledge that while participating in the program, classes, or events offered by RWA, I will receive information and instruction about various physical fitness activities, including but not limited to, martial arts, tumbling, gymnastics, sports training and strength/speed/endurance training. I recognize that fitness programs require physical exertion that may be considered strenuous and cause physical injury, and I am fully aware of the risks and hazards involved.
    

3. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in RWA programs, classes, or events. I affirm and warrant that I am physically fit and I have no medical condition that would prevent my full participation in the programs, classes, or events offered. Furthermore, I affirm and warrant that I will not be under the influence of alcohol or any substance, which would impair my ability to participate in programs, classes, or events offered by RWA.
    

4. In addition, RWA employees strive for safety, but they are not infallible. They may be unaware of a participant’s physical and/or mental fitness or abilities. They may give incomplete warnings or instructions, and the equipment used may become loose, out of adjustment, or malfunction in any way, shape, or form. There is also the risk that RWA employees may be negligent in, among other things, monitoring and supervising the use of its equipment and facilities and in the maintenance of its equipment and facilities, the performance of classes, skills training, open gym, special events, or any other performance of their duties.
    

5. I expressly agree and promise to accept and assume all of the risks existing in this activity and in the use of the facilities and related equipment and/or property. My participation in this activity is purely voluntary, and I elect to participate despite the risks.
    

6. I, my spouse, assignees, heirs, guardians, and legal representatives hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless RELEASED PARTIES from any and all claims, demands, or causes of action, which are in any way connected with my participation in the programs, classes, or events or my use of RWA equipment or facilities, including any such claims which allege negligent acts or omissions of RELEASED PARTIES.
    

7. Should RWA or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold harmless for all such fees and costs.
    

8. I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage to myself. I further certify that I am willing to assume the risk of medical or physical condition that I may have.
    

9. In the event that I file a lawsuit against RWA, I agree to do so solely in the state of California and I further agree that the substantive law of California shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
    

10. I agree as an adult participant, of the Parent/Legal Guardian of a minor participant, in consideration of being permitted to participate at RWA, grant RWA, related and affiliated entities, officers, managers, directors, partners, employees, agents, successors and assigns, the irrevocable right and permission to photograph and/or record me or my child(ren)/ward(s) in connection with RWA to use the photograph and/or recording for all purposes, including advertising and promotions purposes, in any manner in any and all media now and hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of Photograph and/or Recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind. All Photographs and/or Recordings are exclusive to RWA.
     

11. I hereby acknowledge that RWA has rules and policies in place regarding safety and use of equipment and facilities. I acknowledge that I have reviewed and understand all safety rules and other rules or participation in programs, classes, or events, and that failure to comply with or follow any of these rules and policies may result in complete revocation of all privileges provided by RWA without any refund of any prepaid fees.
     

12. I agree that I will be personally liable for any damage or destruction of RWA related equipment and/or property due to negligence or failing to comply with the rules and policies in place.
     

13. I agree that if the participant is a minor this Release of Liability and Assumption of Risk agreement is made on behalf of that minor participant and that all of the releases, waivers, and promises herein are binding on that minor participant. I represent that I have full authority as Parent or Legal Guardian to bind the minor participant to this agreement.
     

14. I agree that if the participant is a minor, I further agree to defend, indemnify and hold harmless RWA from any and all claims or suits for personal injury, property damage or otherwise which are brought by, or on behalf of the minor, and which are in any way connected with such use or participation by the minor, including injuries or damage caused by the negligence of RELEASED PARTIES, except injuries or damages by the sole negligence or willful misconduct of the party seeking indemnity.

By signing this document, I acknowledge that if anyone is hurt or damaged during my participation in the programs, classes, events, or activities at the facilities, I may be found by a court of law to have waived my or the minor’s participant’s right to maintain a lawsuit against RWA or any of the RELEASED PARTIES on the basis of my claim from which I released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.