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Liability waiver


MEMBERSHIP AGREEMENT AND LIABILITY RELEASE FORM

Member and Guest Membership Agreement
Recurring Payment Authorization and Cancellation

I hereby certify, acknowledge and agree that I am an adult or the adult parent or legal guardian of the below referenced minor child who is under eighteen (18) years of age, and am executing this document on behalf of myself and/or my Minor Child for the use of the premises of ACADEMY KENTRON USA, INC., a California corporation (“ACADEMY USA”) located at 1219 Los Angeles Street, Glendale, CA 91204 (“Premises”), for all the activities that he, she or I may participate therein, including but not limited to, sports and exercises, and acknowledge and agree that such activities have inherent dangers, hazards, and risks.

Monthly Membership Fee and Termination:
I acknowledge and agree that I shall pay $125 per month (for members) or $25 per day (for guests) for me, or my Minor Child, to use the ACADEMY USA Premises as provided herein and in accordance with the ACADEMY USA terms and conditions stated at www.AcademyUSA.com which are incorporated herein by this reference. After an initial three (3) month minimum membership period (not applicable to guests), I understand and agree that I may terminate my membership at any time by executing and delivering the ACADEMY USA Membership Termination Form provided at www.AcademyUSA.com or email to [email protected] (not applicable to guests). I further understand and agree that ACADEMY USA may, in its sole and absolute discretion, terminate my membership agreement for any reason whatsoever, including, but not limited to, for any violation of ACADEMY USA’s terms and conditions.

Credit Card Authorization:
I authorize ACADEMY USA to charge the amount listed above on a monthly basis to the credit card I use to make my first payment (not applicable to guests). I agree to pay the above amount in accordance with the issuing bank cardholder agreement. I understand that my recurring monthly payment will cease within thirty (30) days from my execution of the ACADEMY USA Membership Termination Form (not applicable to guests).

Recurring Payment Authorization:
I authorize regularly scheduled charges to my credit card (not applicable to guests). I understand that I will be charged each billing period. All credit card payment cancellations require a fifteen (15) days prior termination notice. You can email to [email protected]

 

Liability Release

1. Assumption of the Risks and Release. I recognize that there are certain inherent risks with the herein described activities and I assume full responsibly for personal injury to myself or my Minor Child, and further release and discharge ACADEMY USA for injury, loss or damage arising out of my, or my Minor Child’s, use of or presence upon the facilities of ACADEMY USA, whether caused by the fault of me, my Minor Child, ACADEMY USA, or other third parties.

A. Use of Premises and Services. I understand that my or my Minor Child’s use of ACADEMY USA’s premises, facilities, equipment, services, activities or products (“Use of Premises and Services”) includes, but is not limited to, basketball, volleyball, indoor soccer, weight training, sports performance training, other sports and exercises.

B. Injuries. I understand that such injuries or damages may include, but are not limited to, major or minor personal, physical, bodily, emotional. mental, economic, property or other types of injuries or damages (“Injuries”) to myself or my Minor Child, other member(s) or guest(s), including but not limited to (1) death; (2) paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration. concussions, hearing loss, torn or damaged muscles or ligaments, broken bones, allergic reactions, burns, sprains, bruises and scrapes; (3) aggravation of pre-existing injuries or medical conditions; (4) pain and suffering; (5) loss of consortium, love, affection, comfort, companionship, or care; (6) emotional distress, embarrassment, humiliation, or shock; (7) lost wages or lost earning capacity; (8) lost, stolen, shred or damaged property or information; and (9) any other disability, impairment, incapacity, injury or damage.

C. I UNDERSTAND THAT RISKS AND INJURIES IN THE USE OF PREMISES AND SERVICES (COLLECTIVELY “RISKS OF INJURY”) MAY BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF ACADEMY USA, MYSELF, MY MINOR CHILD, OTHER MEMBER(S), GUEST(S) AND/OR OTHER PERSONS. I FULLY UNDERSTAND, AND VOLUNTARILY AND WILLINGLY, ON BEHALF OF MYSELF AND/OR MY MINOR CHILD, ASSUME THE RISKS OF INJURY.

2. Agreement to Follow Direction. I and my Minor Child agree to follow any instructions and directions given by ACADEMY USA, or the employees, representatives, or agents of ACADEMY USA.

3. WAIVER OF LIABILITY. ON BEHALF OF MYSELF AND MY SPOUSE/PARTNER, MY MINOR CHILD, OTHER MEMBERS, GUESTS, PARENTS, GUARDIANS, HEIRS, NEXT OF KIN, PERSONAL REPRESENTATIVES, HEIRS AND ASSIGNS, I AND MY MINOR CHILD HEREBY VOLUNTARILY AND FOREVER RELEASE AND DISCHARGE ACADEMY USA FROM, COVENANT AND AGREE NOT TO SUE ACADEMY USA FOR, AND WAIVE, ANY CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DEBTS, DAMAGES, LOSSES, COSTS, FEES, EXPENSES OR ANY OTHER ALLEGED LIABILITIES OR OBLIGATIONS OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN (COLLECTIVELY “CLAIMS”) FOR ANY INJURIES TO ME, MY MINOR CHILD, OTHER MEMBER(S), OR GUEST(S) IN THE USE OF PREMISES AND SERVICES WHICH ARISE OUT OF, RESULT FROM, OR ARE CAUSED BY ANY NEGLIGENCE OF ACADEMY USA, ME, MY MINOR CHILD, ANY OTHER MEMBER(S), ANY GUESTS, AND/OR ANY OTHER PERSON.

4. Indemnification. I agree to indemnify, defend and hold ACADEMY USA harmless against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my Minor Child’s use of or presence upon the facilities of ACADEMY USA.

5. Damages. I agree to pay for any and all costs for all damages to the facility of ACADEMY USA caused by any negligent, reckless, or willful actions by me, my spouse, my Minor Child, or my Minor Child’s guests.

6. Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.

7. No Duress. I agree and acknowledge that I am under no pressure or duress to sign this Liability Release Form and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Liability Release Form if I so desire. I further agree and acknowledge that ACADEMY USA has offered to refund any fees I have paid for myself or my Minor Child to use its facilities if I choose not to sign this Form.

8. Enforceability. The invalidity or unenforceability of any provision of this Liability Release Form, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of an other provision of this form or any other application of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this form.

9. Use of Name, Image and Likeness.
A. I acknowledge and agree that ACADEMY USA uses surveillance cameras in public areas of the facility for its own internal purposes and may also take videos, photographs and/or images of members and guests which may include me or my Minor Child.
B. I agree and understand that surveillance camera or other video recordings, photography, voice recordings, and general information may include my or my Minor Child’s image, appearance, likeness, voice, name and/or biographical material (“Image and Likeness”) and may be made and/or produced during my or my Minor Child’s use of ACADEMY USA’s facility. I hereby authorize and consent, and give ACADEMY USA permission to use, reproduce, duplicate, broadcast and distribute the Image and Likeness, in any and all media, including, but not limited to, marketing materials and the internet, in perpetuity. I acknowledge and agree on behalf of myself and my Minor Child, that: (i) we shall have no claim for compensation to any use of any Image and Likeness by ACADEMY USA; (ii) any Image and Likeness may be used by ACADEMY USA for commercial purposes, including, but not limited to, advertising materials; (iii) any Image and Likeness may be edited by ACADEMY USA, in its sole and absolute discretion; and (iv) we waive any and all rights to inspect or approve any finished version of any Image and Likeness.
C. ACADEMY USA does not knowingly collect or use personal information from children under the age of thirteen (13) without the consent of their parents or legal guardians, in compliance with Children’s Online Privacy Protection Act.

10. Survival. I acknowledge and agree that this Liability Release Form and all the waivers and releases provided herein shall survive the expiration or termination, for any reason, of my, or my Minor Child’s, membership with ACADEMY USA and/or the use of its facility.

11. Terms & Conditions. By checking the box associated with this Agreement, I, on behalf of myself and my Minor Child hereby agree to all the terms and conditions. I have carefully read this document and fully understand it and I voluntarily surrender certain legal rights.

12. COVID-19 Waiver. I UNDERSTAND AND AGREE THAT I AM VOLUNTARILY ENTERING THE PREMISES FOR THE USE OF PREMISES AND SERVICES OFFERED BY ACADEMY USA AND DO SO WITH THE FULL KNOWLEDGE AND ACCEPTANCE THAT IT MAY BE DANGEROUS OR UNSAFE AND COULD EXPOSE ME OR OTHERS TO COVID-19. I REPRESENT THAT:

(1) TO THE BEST OF MY KNOWLEDGE, I AM NOT CURRENTLY INFECTED WITH AND HAVE NOT KNOWINGLY, WITH THE PAST FOURTEEN (14) DAYS, BEEN IN CONTACT WITH SOMEONE INFECTED WITH COVID-19;

(2) I AM NOT EXPERIENCING ANY SYMPTOMS RELATED TO COVID-19, INCLUDING BUT NOT LIMITED TO, FEVER, COUGH, SHORTNESS OF BREATH, DIFFICULTY BREATHING OR ANY OTHER COVID-19 SYMPTOMS;

(3) I UNDERSTAND AND AGREE THAT MYSELF AND OTHER PERSONS MAKING USE OF THE PREMISES AND SERVICES MAY BE INFECTED WITH COVID-19 AND:
(I) BE ASYMPTOMATIC AND NOT EXHIBIT ANY SYMPTOMS;
(II) NOT BE AWARE THAT THEY ARE INFECTED; OR
(III) MAY REFUSE TO VOLUNTARILY AGREE TO DISCLOSE THEIR CONDITION.

Adult Member/Guest/Parent or Legal Guardian Signature:

___________________________________ Date: _______________

Minor Child’s Name (if applicable):

____________________________________

 

Minor Child’s Date of Birth: __________________

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I agree to the Academy USA liability waiver

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