Boise Fencing Club — Assumption of Risk, Waiver, Release of Liability, Medical Authorization, and Media Release
This Assumption of Risk, Waiver, Release of Liability, Medical Authorization, and Media Release is entered into by the undersigned participant, and, if the participant is under eighteen years of age, by the participant’s parent or legal guardian, in favor of Boise Fencing Club, its owners, officers, directors, managers, employees, contractors, instructors, coaches, volunteers, members, agents, landlords, facility owners, event organizers, sponsors, affiliates, successors, and assigns, collectively referred to as the “Released Parties.”
In consideration of being allowed to participate in fencing classes, private lessons, open fencing, camps, clinics, tournaments, demonstrations, travel-related activities, conditioning, warmups, footwork, drills, weapons training, bouting, use of equipment, and any other activity connected with Boise Fencing Club, I agree as follows:
1. Acknowledgment of Fencing Risks
I understand that fencing is a physical, fast-moving combat sport involving athletic movement, weapons, protective equipment, close contact with other participants, and instruction in offensive and defensive actions. I understand that participation involves inherent and unavoidable risks, including but not limited to:
- Cuts, bruises, welts, abrasions, blisters, sprains, strains, and muscle injuries;
- Eye, face, head, neck, back, shoulder, arm, hand, knee, ankle, and foot injuries;
- Broken bones, dislocations, concussions, or other traumatic injuries;
- Injuries caused by falls, slips, trips, collisions, overexertion, dehydration, fatigue, or improper movement;
- Injuries caused by fencing blades, broken blades, protective equipment failure, equipment misuse, or accidental contact;
- Injuries caused by the actions, inactions, negligence, or mistakes of other participants, coaches, staff, volunteers, spectators, or third parties;
- Risks connected with facility conditions, flooring, mats, strips, electrical scoring equipment, cords, reels, scoring boxes, furniture, doors, parking areas, and other property;
- Exposure to communicable diseases, including but not limited to MRSA, influenza, COVID-19, respiratory viruses, skin infections, and other contagious illnesses.
I understand that these risks may result in serious injury, permanent disability, illness, emotional distress, economic loss, or death.
2. Assumption of Risk
I knowingly and voluntarily accept and assume all risks associated with participation in Boise Fencing Club activities, whether known or unknown, anticipated or unanticipated, inherent or otherwise. I understand that rules, coaching, supervision, protective equipment, and personal discipline may reduce risk but cannot eliminate risk.
I represent that the participant is physically and mentally able to participate in fencing activities. I understand that Boise Fencing Club does not provide medical screening and that it is my responsibility to consult a physician before participating if I have any questions about the participant’s ability to safely participate.
3. Waiver and Release of Liability
To the fullest extent permitted by Idaho law, I waive, release, and discharge the Released Parties from any and all claims, demands, causes of action, damages, losses, costs, expenses, or liabilities arising out of or related to the participant’s participation in Boise Fencing Club activities, including claims arising from ordinary negligence.
This release includes, but is not limited to, claims related to personal injury, illness, death, property damage, lost or stolen property, exposure to infectious disease, use or failure of equipment, facility conditions, instruction, supervision, transportation, and participation in any activity connected with Boise Fencing Club.
This waiver and release is not intended to release claims that cannot legally be released under Idaho law, including claims arising from gross negligence, reckless conduct, intentional misconduct, or other conduct that applicable law does not allow to be waived.
4. Indemnification and Hold Harmless Agreement
I agree to defend, indemnify, and hold harmless the Released Parties from any claims, demands, causes of action, damages, judgments, costs, attorney fees, or expenses arising out of or related to:
- The participant’s participation in Boise Fencing Club activities;
- The participant’s violation of safety rules or instructions;
- The participant’s conduct, negligence, or misconduct;
- Any injury or damage caused by the participant to another person or property;
- Any claim brought by or on behalf of the participant, except where prohibited by law.
If the participant is under eighteen years of age, the parent or legal guardian signing this agreement agrees to these indemnification obligations on behalf of themselves and to the fullest extent permitted by law.
5. Safety Rules and Participant Responsibilities
The participant agrees to follow all Boise Fencing Club rules, safety procedures, equipment requirements, and instructions from coaches, instructors, staff, and officials. The participant understands that fencing weapons and equipment must be used only as instructed and only in approved areas.
The participant agrees not to participate while under the influence of alcohol, marijuana, illegal drugs, impairing prescription medication, or any substance that could affect judgment, coordination, or safety.
The participant agrees not to participate while knowingly ill, contagious, feverish, or experiencing symptoms of a communicable disease. Boise Fencing Club may remove or restrict any participant from activity if staff believe the participant presents a safety, health, behavioral, or disciplinary concern.
6. Equipment and Facility Use
The participant understands that fencing equipment must be properly worn and used. The participant agrees not to modify, misuse, intentionally damage, or use equipment in an unsafe manner. The participant, or the participant’s parent/legal guardian if the participant is a minor, accepts financial responsibility for damage to Boise Fencing Club property or equipment caused by misuse, intentional conduct, or failure to follow instructions.
7. Medical Treatment Authorization
I understand that Boise Fencing Club staff may provide basic first aid but are not obligated to provide medical care beyond first aid. In the event of injury, illness, or emergency, I authorize Boise Fencing Club staff, coaches, volunteers, or representatives to contact emergency medical services and/or seek medical care for the participant if deemed necessary.
I understand that I am responsible for all medical costs, ambulance costs, treatment costs, and related expenses. I release the Released Parties from liability arising from good-faith efforts to obtain emergency medical assistance.
8. Infectious Disease Acknowledgment
I understand that participation in group athletic activities may increase the risk of exposure to infectious or communicable diseases. I understand that Boise Fencing Club cannot guarantee that the participant will not be exposed to or contract an illness. I voluntarily assume the risk of exposure, illness, complications, or other harm related to communicable diseases, including but not limited to MRSA, influenza, COVID-19, respiratory viruses, and skin infections.
9. Media Release
I grant Boise Fencing Club permission to photograph, video record, or otherwise capture the participant’s image, likeness, voice, name, and participation in club activities for use in promotional, educational, social media, website, print, advertising, news, and marketing materials without compensation.
This permission includes use by Boise Fencing Club in connection with its website, social media pages, newsletters, flyers, posters, advertisements, presentations, and other promotional materials.
10. Minor Participant Agreement
If the participant is under eighteen years of age, I certify that I am the participant’s parent or legal guardian and that I have authority to sign this agreement. I consent to the minor’s participation in Boise Fencing Club activities. I understand the risks described in this agreement and accept responsibility for the minor’s participation.
I agree to explain the safety rules and risks to the minor participant and to ensure that the minor follows the instructions of Boise Fencing Club coaches, staff, and volunteers.
11. Severability
If any portion of this agreement is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect to the greatest extent permitted by law.
12. Governing Law
This agreement shall be governed by the laws of the State of Idaho. Any legal action arising from or related to this agreement or participation in Boise Fencing Club activities shall be brought in the appropriate court located in Idaho, unless otherwise required by law.
13. Acknowledgment of Understanding
I have carefully read this agreement. I understand that by signing it, I am giving up certain legal rights, including the right to bring certain claims against Boise Fencing Club and the Released Parties. I sign this agreement freely and voluntarily.
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