CAROLINA ELITE WRESTLING CLUB
Liability Waiver Acknowledgment and Release Agreement
This Liability Waiver Acknowledgement and Release Agreement (“Agreement”) is between Carolina Elite Wrestling Club (“CEWC”), the customer of CEWC that has agreed to this Agreement (“Participant”), and the Parent or Guardian of the Participant (if the Participant is under the age of 18), and the Agreement is made on the date indicated below.
Participant (and their Parent or Guardian if under the age of 18) has read, understands, and agrees with the following and acknowledges the same by Participant’s (and their Parent’s or Guardian’s if under the age of 18) electronic acknowledgement below. Participant (and their Parent or Guardian if under the age of 18) also understands that CEWC requires that, prior to participating in ATHLETIC PROGRAMS and related events and activities (hereinafter the "Activities"), unless and until Participant (and their Parent or Guardian if under the age of 18) electronically signs, agrees to, and dates this Agreement, Participant will not be permitted to participate in any CEWC Activities. CEWC Activities and Events consists of wrestling training, wrestling matches, running, weightlifting, and various cardiovascular activities in North Carolina. Through the CEWC Activities and Events, Participant may also be traveling to certain locations for competition, running, and training.
AGREEMENT OF RELEASE AND INDEMNITY; NO LIABILITY: I (as the Participant or their Parent or Guardian if under the age of 18) acknowledge and agree that: CEWC has made no representation or warranty as to the suitability of CEWC Activities and Event for any specific purpose; and CEWC shall not undertake responsibility, nor shall it be liable for the actions of me (the Participant) or any party in the CEWC Activities and Event. I (as the Participant or their Parent or Guardian if under the age of 18) further acknowledge and agree that CEWC and its officers, employees, staff, agents, servants, the owner of the venue of any part of the CEWC Activities and Events, sponsors, or independent contractors shall not be responsible for any loss, costs, damages, consequential or punitive, or liability incurred by Participant of any nature including, but not limited to, those arising from any form of negligence, gross negligence, strict liability, reckless misconduct, intentional torts, personal injury, or criminal activity; and I (as the Participant or their Parent or Guardian if under the age of 18) waive my right to seek such legal redress for these causes of action. Participant (and their Parent or Guardian if under the age of 18) shall indemnify, defend, and hold CEWC, its officers, employees, staff, agents, the owner of the venue of the CEWC Activities and Events, servants, sponsors, or independent contractors harmless from and against all liability, whether intentional or otherwise, in connection with or arising from his or her participation in the CEWC Activities and Events including, but not limited to, any claims of a breach of this Agreement.
I (as the Participant or their Parent or Guardian if under the age of 18) acknowledge and agree that this Agreement is made in the State of North Carolina and shall be governed by North Carolina law without respect to its choice of law provisions. I (as the Participant or their Parent or Guardian if under the age of 18) acknowledge and agree that any legal action filed that relates to the CEWC Activities and Events, or the substance of this Agreement must only be filed in the federal or state courts located in North Carolina. The prevailing party in any litigation, arbitration, or mediation relating to this Agreement shall be entitled to recover its reasonable costs (including attorneys’ fees) from the non-prevailing party for all matters including, but not limited to, appeals.
REPRESENTATIONS: By partaking in CEWC Activities and Events, I (as the Participant or their Parent or Guardian if under the age of 18) acknowledge, agree, and represent that the Participant is in sufficient good health, and in proper physical condition, to take part in CEWC Activities and Events for which the Participant registers. I (as the Participant or their Parent or Guardian if under the age of 18) further agree and warrant that the Participant is not under the influence of any drugs, alcohol, or item which can impair my judgment or make my participation in CEWC Activities and Events unsafe in any manner whatsoever. I (as the Participant or their Parent or Guardian if under the age of 18) further agree and warrant that if at any time the Participant believes, or becomes concerned, that any activity which is part of CEWC Activities and Events becomes or may become unsafe for me or others, the Participant will immediately discontinue their participation. Additionally, prior to any use, the Participant will personally inspect all equipment provided by and to the Participant for his/her use. If any problems with the equipment provided by and to the Participant for use in CEWC Activities and Events exist, the Participant agrees not to use such equipment and immediately inform a staff member of CEWC of the problem. Therefore, I (as the Participant or their Parent or Guardian if under the age of 18) assume full responsibility for the Participant (and all equipment provided by and to Participant), for bodily injury, death, loss of personal property and expenses, emotional trauma, delay, illness, or injury thereof as a result of these inherent risks or dangers and for any negligence or risks from the Participant’s participating in CEWC Activities and Events.
I (as the Participant or their Parent or Guardian if under the age of 18) further acknowledge and agree to consult Participant’s physician and obtain medical clearance (if required) prior to participation in CEWC Activities and Events. If a physician consultation is not required, I (as the Participant or their Parent or Guardian if under the age of 18) declare that the Participant is in adequate physical and psychological shape for participation in the CEWC Activities and Events, and I am not aware of any medical condition or symptoms that would prevent the Participant from participation in CEWC Activities and Events. I (as the Participant or their Parent or Guardian if under the age of 18) further acknowledge and agree that CEWC (including its affiliates, officers, employees, agents, successors, and assigns (collectively, “Representatives”)) may, but have no duty to, provide me, through medical personnel of their choice, customary medical or training assistance, transportation, and emergency medical services. In the event CEWC or its Representatives deem that an emergency exists in relation to my Participation, I hereby grant permission to CEWC or its Representatives to assist in the care related to such emergency and I agree that Participant (and their Parent or Guardian if under the age of 18) will be solely responsible for any medical costs and expenses arising therefrom.
Acknowledgement OF RISKS: By participating in any CEWC Activities and Events, I (as the Participant or their Parent or Guardian if under the age of 18) acknowledge that there is an element of risk in any wrestling training, wrestling matches, racing, gymnastics, weightlifting, interval training, running, and/or traveling activity. Further, I (as the Participant or their Parent or Guardian if under the age of 18) acknowledge and agree that my participation in CEWC Activities and Events involves inherent risks, which include, among other risks, the risk of injury, illness, or death; I (as the Participant or their Parent or Guardian if under the age of 18) acknowledge the ever-present danger posed by the following activities which may, or may not be offered by CEWC in any Activity or Event: high and low intensity running (on trails, grass, and roads), wrestling drills, wrestling matches with other participants and/or coaches, weightlifting, interval training, workouts on gymnastic equipment, jump rope, obstacle courses, and yoga; and I (as the Participant or their Parent or Guardian if under the age of 18) acknowledge and agree that there are dangers and rigors imposed by such CEWC Activities and Events (including the acknowledgment that the Participant will engage in person-to-person wrestling matches during CEWC Activities and Events). Knowing and understanding these risks, I (as the Participant or their Parent or Guardian if under the age of 18) agree to fully assume all risk of illness, injury or death, and release and hold harmless CEWC, its officers, employees, agents, servants, independent contractors, vendors and suppliers from all actions, claims or demands for damages for personal injury, consequential or punitive damages, costs or expenses resulting from my participation in CEWC Activities and Events resulting from any cause whatsoever. I (as the Participant or their Parent or Guardian if under the age of 18) understand and agree that the acknowledgement and agreement stated here is binding upon me, my heirs, executors, administrators, personal representatives, successors, assigns and all members of my family. I (as the Participant or their Parent or Guardian if under the age of 18) understand that the Participant has the option to cease participation in any CEWC Activities or any Events if the Participant feels unsafe. The Participant further agrees to bear the expense of voluntarily withdrawing or ceasing participation in any CEWC Activities or any Events before it is concluded.
I (as the Participant or their Parent or Guardian if under the age of 18) acknowledge and agree that CEWC or its Representatives reserves the right to prevent any Participant from participating in the Events or to terminate any Participant at any time and in its sole and absolute discretion in the event that the Participant is conducting himself/herself in a way which is detrimental to the health, safety, or enjoyment of any other CEWC participant, including the offending Participant or in any way violates any of the terms and conditions hereof (collectively, “for cause”). Further, I (as the Participant or their Parent or Guardian if under the age of 18) acknowledge and agree that CEWC may provide me with geographical directions during the CEWC Activities and Events, and CEWC does not make, and expressly disclaims any representations or warranties with respect to the condition or safety of the buildings/roads/trails/courses on which the Participant wrestles, trains, races, or walks. I (as the Participant or their Parent or Guardian if under the age of 18) acknowledge and agree that the Participant is personally responsible for observing any building, trail, or course conditions and determining whether the Participant is able to participate in such conditions. I (as the Participant or their Parent or Guardian if under the age of 18) acknowledge and agree that the Participant will agree to abide by any decision regarding my participation in CEWC Activities and Events, and that the Participant agrees to wear proper Safety Equipment (including mouth guards if appropriate) at all times when wrestling during CEWC Activities and Events. I (as the Participant or their Parent or Guardian if under the age of 18) agree that CEWC may prevent me from participating in the CEWC Activities and Events if I am not wearing Safety Equipment at all times. Additionally, I (as the Participant or their Parent or Guardian if under the age of 18) acknowledge and agree that the Participant will provide for his/her own insurance coverage (travel, emergency medical, health, accident, theft, etc.) while participating in the CEWC Activities and Events, and for ensuring that such insurance covers my activities for the duration of the registered CEWC Activities and Events and is valid in the countries where the CEWC Activities and Events are held.
I (as the Participant or their Parent or Guardian if under the age of 18) acknowledge and agree that the Participant (and their Parent or Guardian if under the age of 18) was/were provided with this Agreement prior to the Participant’s attendance at any of the CEWC Activities and Events, and that Participant (and their Parent or Guardian if under the age of 18) had the option to forgo CEWC Activities and Events without agreeing to the terms in this Agreement.
I (AS THE PARTICIPANT OR THEIR PARENT OR GUARDIAN IF UNDER THE AGE OF 18) HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND THAT IT CONTAINS, AMONG OTHER THINGS, A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW OF CEWC, ITS OFFICERS, EMPLOYEES, AGENTS, SERVANTS, INDEPENDENT CONTRACTORS, VENDORS AND SUPPLIERS, AND CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN ME AND CEWC. MY ELECTRONIC SIGNATURE BELOW IS OF MY OWN FREE WILL AND I (AS THE PARTICIPANT OR THEIR PARENT OR GUARDIAN IF UNDER THE AGE OF 18) AGREE TO ALL STATED CONDITIONS, RELEASES AND LIMITATIONS OF LIABILITY.
Initials: By entering your initials in the box, you consent to signing this document electronically.
Participant’s Name: {name}
Participant Signature
Date {sign_date}
If Participant under the age of 18, for the Participant to participate in CEWC Activities and Events, a parent or guardian must also agree to this Liability Waiver Acknowledgment acknowledging the agreements made by the Participant above and agreeing to the Participant’s participation in CEWC Activities and Events under those terms and conditions.
Name of parent/guardian {contact_name}
Parent/Guardian Signature
Date {sign_date}