These policies apply to ALL fencers within a family account.
I, the designated Member or Responsible Party for a minor Member (hereinafter "I") acknowledge and understand that participation in MTFC Fencing Activities is voluntary and done at Member's own risk. I understand that fencing is an active and physically demanding sport that has inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. MTFC Fencing Activities involve risks of serious bodily injury, including permanent disability, paralysis, and/or death. These risks may be caused by my own actions or omissions, the actions or omissions of other members, the conditions under which the MTFC Fencing Activities take place, or the actions or omissions of the Releasees named below. There also may be other risks, dangers, and losses not known to me or not readily foreseeable at this time. I accept and assume sole and full responsibility for all risks associated with and inherent in my participation in MTFC Fencing Activities and all responsibility for injuries, damages, losses, and costs that I may incur as a result of my participation in MTFC Fencing Activities.
I represent that I understand the nature of MTFC Fencing Activities and that I am qualified, in good health, and in proper physical condition to participate. I agree that, if I believe conditions are unsafe, I immediately will discontinue participating and promptly report any unsafe conditions, actions, or omissions and that I will not participate in MTFC Fencing Activities until the condition has been corrected to my satisfaction. I further agree that I will use proper protective fencing equipment at all times, will inspect the same (whether owned or borrowed), and that I will not misuse any fencing equipment.
In consideration of the opportunity to participate in MTFC Fencing Activities, I, on behalf of myself, my assigns, heirs, and personal representatives, hereby release, waive, forever discharge, covenant not to sue, and agree to defend, indemnify, and hold harmless MTFC, its respective officers, directors, volunteers, coaches, employees, agents, other members or participants, and the owners or lessors of the premises at which MTFC Fencing Activities take place (each a "Releasee") from and against any and all liability, claims, demands, judgments, damages, costs, losses, and causes of action including, without limitation, sums paid in settlement of claims, attorneys' fees, and expert fees which may arise as the result of any such claim, whether such liability is based on negligence, arising out of or related to any loss, damage, or injury that I may sustain or to any property belonging to me while participating in MTFC Fencing Activities or while in, on, or upon MTFC premises. I further covenant and agree that, if despite this assumption of risk and release, I or anyone on my behalf makes a claim against any Releasee, I or my estate shall defend, indemnify, and hold harmless each such Releasee from and against any such claim.
I certify that I have read this document carefully and I understand its terms and conditions. I have been made aware of safety precautions and member code of conduct. I further certify that I am aware I am giving up substantial legal rights I might otherwise have, that I am doing so knowingly and voluntarily without inducement or assurance of any nature, and that I intend this 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 agreement is held to be invalid, the balance notwithstanding shall continue in full force and effect.
READ BEFORE SIGNING
In consideration and as a condition of my and/or my minor child's being granted membership in the United States Fencing Association ("USA Fencing") and/or being allowed to participate in any way in USA Fencing and its related events and activities, I acknowledge and agree, on my own behalf and on behalf of any child or other person for whom I am signing this document ("I" or "myself" or "my" being construed hereinafter to include all such persons), as follows:
SUBMISSION TO RULES: I agree to abide by the current rules of USA Fencing as set forth in, among other things, the Bylaws, Rules of Competition, Athlete Handbook, Operations Manual, USA Fencing Safe Sport Policy, USOC Safe Sport Code (including the Practices and Procedures and Supplementary Rules appended thereto) and USADA Rules, all as now constituted and as may be amended from time to time.
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY: I acknowledge and agree as follows:
1. The risks of injury from the activities involved in the sport of fencing and related activities are significant, including the potential for serious injury, disability or death, and while particular skills, equipment, and personal discipline may reduce those risks, the risks may continue to exist; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, whether known or unknown, apparent or latent, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (defined below) or others, and assume full responsibility for my participation; and,
3. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS USA FENCING, and all affiliated sections, divisions, clubs, host organizations, officers, directors, athletes, referees, coaches, volunteers, officials, club members, individual members, agents, employees, contractors, participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners or lessors of premises used for the activity ("Releasees"), WITH RESPECT TO ANY AND ALL CLAIMS, DEMANDS AND CAUSES OF ACTION ALLEGING OR ARISING FROM ANY PERSONAL INJURY, DISABILITY, DEATH, or loss or damage to person or property, that may occur or has occurred, in connection with the sport of fencing or related activities, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ANY OF THE RELEASEES, to the fullest extent permitted by law. I HAVE READ THIS ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY AGREEMENT FULLY, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY. DRUG TESTING: I understand that, pursuant to the rules and regulations of USA Fencing, the US Anti-Doping Agency ("USADA") and/or the World Anti-Doping Agency, drug testing may be conducted for athletes who compete in tournaments conducted, sponsored and/or sanctioned by USA Fencing, and that detection of the use of banned drugs would be cause for penalties including but not limited to suspension for a period of time, based upon factors including the substance(s) detected. In consideration of being granted membership in USA Fencing and/or being allowed to participate in any way in the USA Fencing and its related events and activities, I agree to familiarize myself with and to comply with USADA's and other applicable anti-doping rules. Without limiting the generality of the foregoing, I consent to be subject to drug testing and to penalties if declared positive for a banned substance. I am aware that failure to comply with any selection for a drug test will be cause for the same penalties as for those who are positive for a banned substance. I realize that there are OVER-THE COUNTER medications that may contain banned substances and that it is my responsibility to insure that I do not inadvertently take any medication that contains a banned substance. I know that I may call the USADA
hotline, 800-233-0393 for questions about medications and banned substances or practices.
CONSENT FOR MEDICAL TREATMENT: This is to certify that I give my written consent to the USA Fencing and its representatives for myself and/or any person for whom I am signing this document to obtain medical care from any licensed physician, athletic trainer, hospital or clinic for any injury or illness that may arise during fencing and related activities.
QUALIFICATION (Championships and NACs): I understand that some individual events require qualification and that my entry or entries will remain pending until qualification is confirmed. I further understand that, should I not meet the stated qualification, I will be withdrawn from the event and a refund will be processed on my behalf.
CHOICE OF LAW: The foregoing agreement, consent, waiver and release shall be governed, interpreted and construed according to the law of the State of Colorado, without reference to choice of law principles. ARBITRATION: Except as set forth in the USA Fencing Safe Sport Policy and USOC Safe Sport Code (including the Practices and Procedures and Supplementary Rules appended thereto), any controversy or claim arising from or relating to my membership or participation, or my minor child's membership or participation, in USA Fencing, including but not limited to any matter arising from or relating to (i) qualification or selection for, or competition in, any fencing event, whether staged under the auspices of USA Fencing, the FIE, the USOC, the IOC or some other fencing administrative body, (ii) qualification or selection for, or activities as, a coach, referee or other official at any such fencing event; or (iii) compliance with or violation of any rule, regulation, policy, practice, bylaw, statute or common law, of USA Fencing, FIE, USOC or IOC, or of any national, state, provincial or local governing or administrative body, including any issue concerning compliance by USA Fencing or by any officer, director, employee, agent, attorney, referee, official, club member, individual member, committee member or volunteer of USA Fencing, including but not limited to any matter arising from or relating to allegations of damage to property or injury to person, shall to the fullest extent permitted by law be settled by arbitration, provided, however, that prior to the commencement of any such arbitration, any and all available administrative procedures and remedies of USA Fencing, FIE, USOC, IOC or applicable sports, governmental or administrative body shall have been exhausted.
Any arbitration shall administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be governed by the laws of the State of Colorado and the United States, and it shall be conducted in Colorado Springs, Colorado. The arbitrator(s) will have no authority or jurisdiction to award consequential, punitive or exemplary damages, and any demand for such damages shall be a nullity. Except as may be required by law or as reasonably required to enforce or appeal from an arbitration award or as noted above, arbitration proceedings shall be kept confidential, and neither a party, an attorney for a party, a witness, nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder to a non-party without the prior written consent of all parties.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY.
Children 11 and under must be accompanied by a responsible adult at all times.
Children 12 and above may be dropped off for lessons and classes as long as there is a Coach and at least 1 additional adult present in the building.
In general, two coaches are present Monday, Wednesday, Thursday and Friday afternoons. Please double check prior to dropping off your child. Tuesday and Saturday classes often only have one coach present during lessons and class. If it is a private lesson, please remain in the building with your child. If it is a group class, please confer with other parents to make sure at least one adult is able to stay for the duration of the class.
I certify that, in addition to the terms and conditions set forth above, I understand the MTFC Fencing Activities, the risks involved, and my child's experience and capabilities and believe that my child is qualified to participate in MTFC Fencing Activities. In consideration of the opportunity for my child to participate in MTFC Fencing Activities, I covenant that, if despite this assumption of risk and release, I, my child, or anyone on my child's behalf makes a claim against any Releasee, I shall defend, indemnify, and hold harmless each Releasee from and against any and all liability, claims, demands, judgments, damages, costs, losses, and causes of action including, without limitation, sums paid in settlement of claims, attorneys' fees, and expert fees which may arise as the result of any such claim, whether such liability is based on negligence, arising out of or related to any loss, damage, or injury that my child may sustain or to any property belonging to my child while participating in MTFC Fencing Activities or while in, on, or upon MTFC premises.
The Metro Tacoma Fencing Club (MTFC) uses photographs of student fencers and coaches are to document the MTFC fencing experience in club brochures and promotional material, the club website, and through social media (such as Facebook). MTFC members and individuals fencing at the MTFC facility will be photographed periodically during lessons, demonstrations, tournaments, and at other times. In addition, MTFC fencers occasionally may have their photograph taken by members of the news media. Many fencers and their families enjoy seeing their picture in MTFC promotional materials, on the MTFC website and social media, and in the newspaper or other news media. MTFC, however, wishes to respect the wishes of those fencers and families who do not wish for their fencer to be identified or to have their photograph published.