Youth Fencing Development Program Application

ACKNOWLEDGEMENT OF RISK

In consideration of the services of Yury Gelman Foundation and Manhattan Fencing Center (“Provider”) their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release and discharge Providers on behalf of myself, my children, my parents, my heirs, personal representative and estate as follows:

I acknowledge that fencing has known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, which cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, but are not limited to, among other things: being pierced through any part of the body, partially or in the entirety, by metal weapons such as sabers, epees and foils; rented equipment failure; falling to the ground, falling on other fencers, coming in to contact with other fencers at a high rate of speed, abrasions and bruises from the contact of the weapon, injury due to defects in the flooring, fencing beyond ones personal limits; the negligence of other fencers, visitors, participants, or other persons who may be present; musculoskeletal injuries and or over training; head injuries; or my own negligence. Furthermore, Providers employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They may give inadequate warnings or instructions, and the equipment being used might malfunction.

I expressly agree and promise to accept and assume all of the risks existing in the above described activities, as well as other risks not described which are normally associated with fencing. I am fully aware of all risks associated with this sport, and my participation in such activities is purely voluntary, and I elect to participate in spite of the risks.

I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Provider from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Provider’s equipment or facilities, including any such Claims, which allege negligent acts of omissions of Provider.

Should Provider or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume—and bear the costs of—all risks that may be created directly or indirectly, by any such condition.

I have personally inspected my mask, and I find it to be in good working order, free from any defects including but not limited to: holes, rust, loose parts or areas which are worn.

I have inspected my uniform, including my pants (knickers), underarm protector, jacket, and lame. I find that my uniform and all the parts of my uniform are in good working order, free from any defects including, but not limited to, holes, and worn areas.

I agree to continually inspect my uniform and all the parts of my uniform so that it remains in good working order free from any holes or warn areas.

I agree to always wear an underarm protector while fencing. I understand that an underarm protector may reduce the risk of injury but cannot eliminate the risk of injury.

I have inspected my weapons and find them to be in good working order, free from any defects, including but not limited to, worn areas, loose connections, or sharpened edges.

I agree to continually inspect my weapons so that they remain in good working order free from any defects, including but not limited to, worn areas, loose connections, or sharpened edges.

I agree that Provider their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, will not inspect, maintain, repair my equipment.

I do not want, the Providers, their agents, owners, officers, volunteers, participants, employees to inspect, repair, or maintain any of my equipment including but not limited to, any and all parts of my uniform, any and all parts of my weapon.

I agree that I am solely responsible for the use, maintenance, inspection and repair of any and all of my equipment.

I have consulted with a physician, and I have been informed by that physician that I can participate in strenuous physical activities such as fencing.

I agree that I am physically able to participate in strenuous physical activity.

I agree to stop fencing immediately if I, or my physician determines that I am unable to continue strenuous physical activity because of any medical condition, which may be discovered; or, if while fencing, I feel that I am unable to continue due to any medical reason or condition.

I agree that my physician and I are solely responsible for determining my medical fitness, my ability to participate in strenuous physical activity, and that Provider, their agents, owners, officers, volunteers, participants, employees will not participate in any way regarding any determination of physical fitness, or ability to participate.

I understand and agree that Provider takes no responsibility for personal property whether locked in a locker, or outside the locker. I understand and agree that Provider will not be responsible for any personal item of mine which is lost, damaged or stolen. I understand that beginner class packages are non-refundable and have either 1 or 2 month expiration date.

By signing this document, I acknowledge that I am of legal age and if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Provider on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read it fully and understood it completely, and I hereby agree to be bound fully by its terms.

I hereby grant the Yury Gelman Foundation (``YGF``) the right to take/use photographs of my child, and any reproductions or adaptations of the photographs for all general purposes in relation to the YGF work including, without limitation, the right to use them in any publicity materials, website, books, newspapers and magazine articles whenever the YGF chooses to do so.