AGREEMENT TO PAY
Program Commitment
Enrollment in an Advanced Program (Competitive, Non-Competitive, Advanced Adult, Elite) requires a current club membership and at least an Access Membership with USA Fencing. You understand and agree that the selection and assignment of Program coaches or instructors is within the sole discretion of Zeta Fencing, and your agreement is to participate in the Program offered by Zeta Fencing and not with any individual instructor or coach.
Registration Fee and Program Tuition
The annual program registration fee for Zeta Fencing Program is $400 (i.e. the “Club Membership”) if paid in full by August 1, 2024, or $40/month if paid in 12 monthly installments. The tuition (i.e. the “Class Fee”) for the Adult Advanced Class is $250 per month, or $2300 annually if pre-paid in full by August 1, 2024.
Special Events Fees
Payments for tournament fees and other matters not covered by the Club Membership or the Class Fee are due when invoiced.
Agreement to Pay
You agree, as the principal obligor, to pay to Zeta Fencing, on written demand, all participation fees, including but not limited to the Registration Fee, the Class Fee, all coaching fees, and other costs and expenses (collectively the “Participation Fees”) incurred or expended by the Participant in connection with the Participant’s involvement in Zeta Fencing. If you shall fail to pay such Participation Fees on demand, Zeta Fencing shall have the immediate right to terminate or suspend Participant’s involvement in Zeta Fencing, which action shall remain subject to the sole and absolute discretion of Zeta Fencing. The failure of or delay by Zeta Fencing to assert any claim or demand or to enforce any right or remedy against you shall not constitute a waiver or otherwise operate as a release or discharge of your obligation resulting from this agreement. Any late payments will incur a $40.00 late payment fee.
Zeta Fencing’s Club Membership, Annual Tuition, all Participation Fees or any other special event fees and other costs are not subject to reimbursement or refundable in any instance. You agree that in the event of non-payment that they are responsible for all costs incurred for the collection of any delinquent payments and, including but not limited to all costs incurred by Zeta Fencing for collection, attorney’s fees and court costs.
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY
I hereby acknowledge, understand and agree to assume any and all risks relating to your participation and involvement in training and activities with Zeta Fencing including, without limitation, any program, individual and team fencing training and instruction, tournaments, bouts, combat, whether at Zeta Fencing’s place of business or at other programs or locations (collectively the “Activities”), and in consideration for my right to participate in the Activities, I hereby agree for myself, my minor child and our heirs, successors, assigns, executors, administrators and personal representatives, as follows:
I do hereby, knowingly and voluntarily enter into this Waiver and Release of Liability, and hereby waive, release and relinquish any and all rights, claims or causes of action of any kind whatsoever, now or in the future existing, and arising out of my and/or my minor child’s participation in the Activities, and I do hereby further waive, release, relinquish and forever discharge Zeta Fencing, its coaches, officers, directors, shareholders, members, and their heirs, successors and assigns and their respective agents, attorneys, insurers and representatives, and other Zeta Fencing participants from any and all claims, suits or actions of any kind whatsoever, without limitation, for any liability, damages, and compensation (“Claims”) for any type of bodily, personal, physical, mental or psychological injury, death, mental distress or emotional or other types and forms of damage or loss, that I may experience or suffer as a result of my participation in Zeta Fencing, including my travel to and from Zeta Fencing and to and from any Activities (“Liabilities”).
I acknowledge, understand and assume all risks relating to participating in the Activities at Zeta Fencing which may involve risks to me, including bodily injury, partial or total disability, paralysis and death, and damages which may arise therefrom and that I/we have full knowledge of said risks. As such I further acknowledge that the risks and dangers may be caused by the negligence of myself, coaches, instructors of Zeta Fencing, other participants or the negligence of others, and include, but are not limited to injuries to eyes, face, muscle strains, pulls or tears, broken bones and any other illness, soreness or injuries however caused occurring during, or after participating in the Activities at Zeta Fencing. As a participant, I further acknowledge that there may be risks and dangers not known to us or not reasonably foreseeable at this time, and acknowledge, understand and agree that all of the risks and dangers described throughout this agreement, including those caused by the negligence of myself and/or others, are included within the waiver, release and relinquishment described in this agreement.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITIES ENTIRELY AT MY OWN RISK.
I do hereby further agree to indemnify, defend and hold harmless Zeta Fencing, its coaches, officers, directors, shareholders, members, and their heirs, successors and assigns and their respective agents, attorneys, insurers and representatives against any and all Claims brought by me or anyone on my behalf for any Liabilities, including attorney’s fees and any related costs pursuant to any Claims for any Liabilities, made by me, or by anyone else acting on my behalf.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE OF LIABILITY AND FULLY UNDERSTAND THAT IT IS A FULL AND COMPLETE WAIVER AND RELEASE AND HAVE HAD THE OPPORTUINITY TO CONSULT WITH AN ATTORNEY TO ADVISE ME ON THE SAME OR I HAVE VOLUNTARILY DECLINED TO DO SO.
In the event that I, or any member of my family, cause any damage to any Zeta Fencing property, equipment or facilities as a result of my willful, negligent or reckless acts or omissions, I hereby acknowledge and agree to be held liable for any and shall pay for all damages suffered, costs incurred, by Zeta Fencing.
In the event that any provision contained within this Waiver and Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this waiver and release of liability shall be determined to be unlawful or otherwise unenforceable, the remainder of this waiver and release of liability shall remain in full force and effect. If a court of competent jurisdiction should find that any provision of this Waiver and Release of Liability to be invalid or unenforceable, but that by limiting said provision it would be deemed to be, or become, valid and enforceable, then said provision shall be deemed to be written, amended, construed and enforced as so limited.
Code of Conduct
In order to ensure a safe, productive and sportsmanlike atmosphere for all our members, everyone who enrolls in the Zeta Fencing Program or uses our facilities must adhere to Zeta Fencing’s Code of Conduct. By enrolling in the Program and using our facilities I hereby agree to abide by this code and may be subject to its disciplinary provisions.
Consent to Treat
I give my consent to Zeta Fencing and its medical representative to obtain medical care from any licensed physician, hospital, or clinic for the above-mentioned participant, for any injury that could arise from participation in Zeta Fencing Activities.
In the event that participant should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry health insurance for myself.
Health Attestation & Protocol Acknowledgement
I hereby represent that I do not have any physical or health conditions which would limit participation in the Zeta Fencing Program and present and known and undue risk of transmitting any virus and/or disease to other participant in these activities. By enrolling in the Zeta Fencing Program, I agree to abide by all COVID-19 guidelines.
Media Release
I hereby authorize and grant permission to Zeta Fencing, to publish any photograph(s) taken of me in which I may be included with others, and permission to use or use my likeness, including the surrounding areas depicted in said photographs, for use in any and all media, digital media, in any and all of its publications, including web-based publications without restriction for any private or public purpose.
I also grant permission to use my name, if desired, in connection with any such publication. I further grant permission to copyright, re-use and republish photographic portraits or pictures, or images of me or in which I may be included intact or in part, composite or altered in character or form, without restriction as to changes or transformations made, through any and all media now or hereafter known for illustration, art, promotion, advertising, trade or any other purpose whatsoever.
I acknowledge that since my participation is completely voluntary, neither I nor any member of my family will receive financial compensation for the use of any photograph.
I further agree that my participation and the usage of any photograph confer upon me no rights of ownership whatsoever. I hereby relinquish any right that I may have to examine or approve the completed product or products or the promotional copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
I hereby release Zeta Fencing, its contractors, clients, officers, legal heirs, investors, agents, representatives, and assigns from all liability for any claims by me, my family or any third party in connection with my participation, including any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
I also release Zeta Fencing from any expectation of confidentiality for the use of said photograph(s) or images.
Acknowledgement and Agreement
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without giving effect to conflict of laws principles. Any action or claims shall only be brought or maintained in the state courts of Massachusetts located in Middlesex County.
I, the undersigned participant, affirm that I am freely signing this agreement. I certify that I have read this Waiver and Release of Liability and that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.