This Waiver and Release of Liability & Agreement to Participate in Martial Arts (the "Agreement") is entered into by the undersigned ("Participant") and Evolution X Martial Arts LLC ("EVX"), located at 2000 Cheshire Bridge Rd, Suite G, Atlanta, Georgia 30324, effective as of the date of signing.
In consideration of the Participant, or the Participant's child (for whom the Participant is a parent or legal guardian), being allowed to engage as a member in martial arts training at EVX ("EVX Training"), at any location where EVX Training is conducted, the Participant acknowledges having read this Agreement thoroughly. By signing, the Participant agrees to all terms and conditions set forth herein.
Waiver and Release of Liability
This Waiver and Release of Liability ("Waiver") applies to all activities, styles, programs, and events offered by Evolution X Martial Arts LLC ("EVX"), including but not limited to martial arts training, seminars, birthday parties, fall fests, parents' night out, and any special events hosted both on-site at EVX premises, including the parking lot, and off-site locations. By signing this Waiver, participants or their legal guardians acknowledge and accept the risks associated with these activities, which may include, but are not limited to, personal injury, illness, permanent disability, dismemberment, and death, as well as property loss or damage. These risks may arise from participants' own actions or inactions, the actions or inactions of others, the conditions of the premises or equipment used, or other unforeseen risks. Participants agree to assume full responsibility for these risks and release EVX, its employees, volunteers, and affiliates from any claims, liabilities, or damages that may arise from participation in EVX activities.
Equipment and Facility Use
Participants acknowledge and accept the risks associated with the use of any and all equipment, facilities, and premises provided by Evolution X Martial Arts LLC ("EVX"), including but not limited to training apparatus, fitness equipment, inflatables, and recreational installations. This acknowledgment extends to risks of personal injury, illness, permanent disability, dismemberment, and death, as well as property loss or damage that may arise from or in connection with the use of EVX's equipment and facilities.
Participants agree to use all equipment and facilities responsibly and follow any instructions or guidelines provided by EVX staff for their safe use. It is the responsibility of the participants, or their legal guardians, to inspect the equipment and facilities prior to use and to immediately report any concerns or issues to EVX staff.
By participating in activities at EVX, participants release, waive, and hold harmless EVX, its employees, and affiliates from any claims, liabilities, or damages arising from the use of EVX’s equipment and facilities, including those not specifically mentioned herein.
Georgia Childcare Exemption
EVX operates in compliance with Georgia's exemption from licensure as a Child Care Learning Center under regulation 591-1-1-.46(b)8, due to its structured programming and operational hours. EVX is not licensed by the State of Georgia and is not required to be.
Events
EVX hosts various events, including seminars, birthday parties, fall fests, parents' night out, and other special events ("Events"). Participation in these Events may involve physical activity, social interaction, and other event-specific activities that carry inherent risks. By participating in any Event, individuals acknowledge and accept these risks, releasing EVX and associated parties from liability as outlined in the Waiver and Release of Liability section.
Non-Compete Agreement
Participants acknowledge that during their involvement with EVX, they may be exposed to confidential and proprietary information. To protect EVX's legitimate business interests, participants agree not to compete directly with EVX by teaching or opening a martial arts school or starting a martial arts program within a ten-mile radius of EVX that offers similar martial arts styles or programs for twenty-four (24) months following the end of their participation, without written permission from EVX.
Photo Release
Participants grant EVX the right to use photographs, videos, or digital media of their participation in EVX activities for promotional purposes without compensation. All such media will become the property of EVX. Participants who wish to opt-out of this release for themselves or their children must notify EVX in writing via email at evxatlanta@evolutionxma.com.
First Aid Release
Participants authorize EVX staff and volunteers to provide first aid treatment as deemed necessary. In the event of a serious illness or injury, permission is granted to seek medical treatment or transport the participant to a medical facility for further care.
COVID-19 Acknowledgment and Waiver
By participating in activities at Evolution X Martial Arts LLC ("EVX"), participants acknowledge COVID-19's contagious nature and voluntarily assume all risks related to exposure or infection by COVID-19. Participants understand that while EVX has implemented preventive measures to reduce the spread of COVID-19, the risk of becoming exposed to or infected cannot be eliminated. Participants agree to follow all public health guidelines as well as EVX's safety protocols regarding COVID-19.
Participants acknowledge that this is a voluntary assumption of risk and that they are responsible for their own health and safety. Participants hereby release, waive, and hold harmless EVX, its employees, and affiliates from any claims, liabilities, or damages participants may sustain due to COVID-19 exposure or infection associated with participating in EVX activities. This waiver extends to all forms of claims, both known and unknown, arising from participation in EVX activities.
Inquiries and Freedom of Consent
Participants affirm that they have been provided ample opportunity to ask questions and receive answers regarding this Agreement. Signing this Agreement indicates a free and informed consent to its terms, governed by the laws of the State of Georgia.
Agreement Signature
IN WITNESS WHEREOF, and with the intention of being legally bound by this Agreement, I have hereunto set my signature.
Evolution X Martial Arts