Upon signing this Agreement and forever thereafter, you agree that if you participate in or attend any Fairfax Fencers event, or that of any Fairfax Fencers group, or are present on Fairfax Fencers premises or use any Fairfax Fencers facility, you do so at your own risk and assume the risk of any and all injury and/or damage you might sustain, regardless of whether you are a participant, a spectator, or otherwise. Your assumption of risk includes but is not limited to the use of any sports or other equipment (mechanical or otherwise), and accessing Fairfax Fencers premises. You further agree to assume the risk of your participation in or presence at any sporting event, practice, activity, class, program, instruction, or Fairfax Fencers sponsored event. You agree that you are voluntarily participating in the aforementioned activities and assume all risk, known and unknown, associated with same. You agree on behalf of yourself (and your spouse, all your children, personal representatives, heirs, executors, administrators, agents, and assigns) to forever release and discharge Fairfax Fencers, their owners, employees, agents, representatives, affiliates, successors, and assigns from any and all claims or causes of action (known or unknown) arising out of the negligence of Fairfax Fencers, whether active or passive, or that of any of its affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any equipment or facilities which may malfunction or break, (b) Fairfax Fencers' improper maintenance of any exercise equipment or facilities, (c) Fairfax Fencers' negligent instruction or supervision, including personal training, strength training, refereeing and coaching, (d) you slipping or tripping and falling while on Fairfax Fencers premises, including Fairfax Fencers' negligent inspection or maintenance of such premises, and (e) you sustaining personal injuries as a result of the dangerous condition of property on which you are present in relation to any Fairfax Fencers function, including Fairfax Fencers' negligent inspection or maintenance of such premises. By executing this Agreement, you hereby agree to indemnify and hold harmless Fairfax Fencers from any loss, liability, damage, or cost Fairfax Fencers may incur due to your presence at any Fairfax Fencers premises or facility. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the law of the state in which this agreement is entered into, and that if any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that Fairfax Fencers provides a service to their members and is not in the business of selling, leasing, or otherwise placing into the stream of commerce exercise or sports equipment, or other such products, and the use of any such items is incidental to the service provided by Fairfax Fencers.
1. All participants must wear appropriate gear, in good condition, when fencing; minimally, this includes: Mask, Jacket, Glove, Athletic Shoes, Long Athletic Pants or Knickers, and Protective Socks--No bare skin should be showing.
2. The weapons are to be treated with respect and awareness at all times.
3. Fencers must always be masked when weapons are raised, point forward. This means on all occasions, including discussion of actions and during drills.
4. Violent actions are not permitted.
5. Stop fencing instantly if you think something is wrong or if your opponent retreats and waves the unarmed hand or gives any sign of wanting to stop.
6. Stop fencing immediately if you think a weapon is broken.
7. Counterattackers are responsible for preventing body contact, injury, and weapons breakage.
8. Report to an instructor immediately if you feel a fencer is behaving in a dangerous or uncontrolled fashion.
9. Inspect your weapons and mask each time you use them. If you are using club gear and find any problem, please report it to an instructor.
10. Fencers on the floor have right of way. Persons not fencing are obligated to keep themselves and their gear clear of fencers on the floor.
11. Report injuries immediately to an instructor.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST FAIRFAX FENCERS FOR THEIR NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON THEIR PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAS BEEN MADE. YOU AGREE, FOR YOURSELF AND YOUR SPOUSE, CHILDREN, SUCCESSORS, HEIRS AND ASSIGNS, THAT THE ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING, AND ARE NOT MERE RECITALS, AND THAT SHOULD YOU OR YOUR SUCCESSORS ASSERT ANY CLAIM IN CONTRAVENTION OF THIS AGREEMENT, THE ASSERTING PARTY SHALL BE LIABLE FOR THE EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING AGAINST ANY SUCH ACTION. YOU AGREE TO REVIEW AND ABIDE BY THE SAFETY RULES STATED IN THIS WAIVER AND POSTED IN THE CLUB.
Membership Policy and Procedures Acknowledgement
Based on the type of Membership I have selected on the Registration Form, I acknowledge and agree to the following:
1. A $10 mandatory Non-Competitive Membership is required by USA Fencing from all members that join a USA Fencing Member Club. Fairfax Fencers is a USA Fencing Member Club. This membership does not allow you to compete at sanctioned events but it does permit regular practices and training sessions at Fairfax Fencers. All dues are payable on application for membership and thereafter on or before the next membership year begins. Includes secondary medical/accident insurance, but does not allow the member to vote or compete. Magazine subscription and membership card are not included. Membership can be upgraded to competitive for $75.00.
This $10 fee will be charged at time of registration, and is a renewed-YEARLY in July/August. If I renew the USA Fencing membership on my own or through another club, I will inform Fairfax Fencers so as to avoid confusion.
2. Yearly Membership. $1,200. I understand that this is a discounted 12-month membership, and must be paid in full at time of registration, non-refundable.
3. Monthly Membership. $138 per month. This is a discounted monthly rate, based on a 10-month commitment contract. In selecting this Membership, I understand that I am committing to 10 payments of $138 within a 12-month period, and should I choose to discontinue membership, I will still be responsible for the 10 payments. However, Fairfax Fencers understands that unexpected life-events (moving out of the area, job/income loss, injury, etc.) may occur and can choose to waive the payment requirement for future months left in the contract period. This will be determined on a case-by-case basis, but Fairfax Fencers is disposed towards being accommodating in reasonable cases. Further, in the event a coach leaves Fairfax Fencers, that the Coach's students will be required to attend one month of classes under the new coach. After one month, students may choose to leave the program, and they payment requirement for further months in the contract period will be waived. If the student completes the second month under the new coach without withdrawing, the contract will be deemed in effect for the rest of its term.
4. Rolling Monthly Membership. $150 per month (rolling). I understand that with this membership, I can put my membership on "hold status", thereby not be charged for the "hold" period, and may resume at any time.
At Fairfax Fencers, the safety and protection of our students is paramount. We adhere to the Policies and Procedures required by USA Fencing, which strictly require that if you have a student (under the age of 18) taking a Private Lesson you, or another adult, 18 years or older, must be present during the lesson. There can be no exceptions to this requirement. If you are unable to stay with your child, you must let us know, in advance, so that, if possible, arrangements can be made to ensure that an additional adult is present. There will be a nominal fee for this service of $20. You acknowledge that you have reviewed our Private Lesson Policy and agree to all requirements.