Acknowledgement, Waiver & Release
THE UNDERSIGNED member of the United States Fencing Association (USA FENCING) delegation to the 2013 World Veterans Fencing Championship in Varna hereby acknowledges and agrees:
1. The USA FENCING, its officers, staff and volunteers, have decided to enter a United States delegation in the 2013 World Veterans Fencing Championship;
2. That in considering its decision, USA FENCING, its officers, employees, executive committee and volunteers have acted in good faith to decide the matter reasonably, with due concern for the safety of the delegation and its members, but that these persons are not experts in such matters as international affairs, security and related fields, and that they have by necessity had to act quickly and with possibly incomplete information;
3. That no qualified member of the delegation is being required to attend the 2013 World Veterans Fencing Championship, and that each delegation member has been given the option of attending or not, as he or she (or, in the case of a member not of legal age, as his parent/legal guardian) believes to be in the member’s own best interest, without reliance on any information, assurance or expectation of specific benefit from USA FENCING, its officers, employees, executive committee and volunteers;
4. That the insurance policies maintained by USA FENCING for the benefit of its members, for its own liability protection and for the liability protection of its employees, officers and volunteers, may contain exclusions from coverage for “acts of terrorism” or for “acts of war”, and that such policies also contain coverage limits that could result in incomplete benefits even for covered events; and that consequently, USA FENCING cannot guarantee either the existence or extent of insurance protection for delegation members;
5. That USA FENCING has made it a condition of the inclusion in the 2013 World Veterans Fencing Championship delegation that each member thereof: (a) acknowledge the foregoing facts and considerations; (b) waive any claims that the member and his or her estate, heirs, successors, family members or representatives may have or may obtain against USA FENCING and its employees, officers and volunteers, arising out of the decision to send a USA FENCING delegation to the 2013 World Veterans Fencing Championship; and (c) release USA FENCING, its employees, officers and volunteers from any liability for any occurrence in connection with travel to and from the 2013 World Veterans Fencing Championship, from participation in the 2013 World Veterans Fencing Championship or from the member’s presence in the locale of the 2013 World Veterans Fencing Championship for the duration thereof and for periods associated with but taking place before and after the 2013 World Veterans Fencing Championship.
ACKNOWLEDGING THE FOREGOING, and in the exercise of his or her independent judgment, undersigned member has elected to join the USA FENCING delegation to the 2013 World Veterans Fencing Championship, and as an inducement to USA FENCING for including such member in the delegation, agrees as follows:
1. Assumption of Risk and Responsibility: The undersigned member agrees to assume and hereby assumes all legal and financial responsibility for any and all risks, dangers, injuries, damages and losses, whether to person or property, and whether physical, psychological, social or economic, that the member may, in any manner and from whatever cause, sustain in connection with membership in the USA FENCING 2013 World Veterans Fencing Championship delegation, and;
2. Waiver of Liability: The undersigned member waives any claims that the member and his or her estate, heirs, successors, family members or representatives may have or may obtain against USA FENCING, its employees, officers or volunteers, arising out of the decision to send a USA FENCING delegation to the 2013 World Veterans Fencing Championship or from information provided to the undersigned in connection with or for the purpose of assisting in the decision of the undersigned concerning membership in said delegation or the execution of this document; and
3. Release and Indemnification: The undersigned member, for himself or herself, and for the member’s estate, heirs, successors, family members and representatives, hereby fully and forever releases, discharges, holds harmless and agrees to indemnify USA FENCING and its employees, directors, officers, members, officials, coaches, committees, volunteers, affiliates, representatives, agents, and their respective successors and assigns, from and against any and all liabilities, losses, claims, demands, litigation, damages and judgments, present or future, known or unknown, valid or invalid, direct or consequential (whether physical, psychological, social, economic or otherwise), together with reasonable costs and attorney fees, which result directly or indirectly from injuries, illness, disability (whether permanent, temporary, total or partial), death or other harm to the member, the member’s property or the member’s estate, heirs, successors, family members or representatives, or otherwise, that may result in any manner and from whatever cause, in connection with member’s inclusion in the USA FENCING 2013 World Veterans Fencing Championship delegation of the member’s participation in that event.