Fencing is an activity that includes, but is not limited to, training, warm-ups, exercising, bouts, courses, lessons, or any other activity organised by Kingston Fencing Club. This waiver and release are presented to those wishing to participate in a fencing activity, including both adults and parents or guardians on behalf of under-18 participants. The term “I” as used throughout this waiver refers to the individual participant (if over 18) or to the parent or guardian accepting the waiver on behalf of the minor participant.
Payment or subscription for any such activity to Kingston Fencing Club constitutes acceptance of the waiver and release below.
Representations: I wish to voluntarily participate in an activity at Kingston Fencing Club (the Activity). I represent that I am in good health and in proper physical condition to safely engage in the Activity. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Activity.
Assumption of Risk: I understand and acknowledge there will be known and unknown risks, dangers, and hazards, which may be encountered in the above-mentioned Activity and that accidents and injuries commonly happen, often without fault on the part of the participants or the Activity Organisers. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as loss of personal property, scratches, bruises, and sprains 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, concussions to 3) catastrophic injuries including paralysis and death. By electing to voluntarily participate in the Activity, I understand that I am accepting the risk of accidents and injuries that might arise out of my participation. I understand that these risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Activity, or the acts, inaction or negligence of the Released Parties defined below, and I voluntarily assume any and all risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Activity.
Waiver of Liability: In consideration of being permitted to participate in the Activity, I hereby release, discharge and agree to hold harmless Kingston Fencing Club (including but not limited to the Activity Organizers, its coaches, instructors nor members) from any and all claims, demands, damages, costs, expenses, actions and causes of action, present or future, on account of injuries to my person or property caused in whole or in part by the active or passive negligence of the Released Parties, arising out of or in connection with my participation. I intend for this release and indemnity agreement to protect the Released Parties from any and all claims, demands, damages, costs, expenses, actions and causes of action, present or future, of my executors, personal representatives, heirs and assigns, or any other person or entity, on account of injuries to my person or property, including injuries resulting in my death. I also recognize and agree that the Released Parties assume no responsibility for any liability, damage, or injury that I might sustain due to the intentional or negligent acts or omissions of any other person participating in the Activity.
Indemnification and Hold Harmless: In further consideration of my being permitted to participate in the Activity, I, for myself and for my executors, personal representatives, heirs and assigns, hereby assume full responsibility for the risks, foreseen or unforeseen, of property damage, injuries, or death to myself or to others arising out of my participation. I agree to indemnify and hold harmless the Released Parties from all claims, demands, damages, costs, expenses, actions and causes of action, present or future, including but not limited to costs of medical treatment and reasonable attorneys’ fees, that may accrue to any person or entity as a result of any property damage, injuries, or death, caused by me or arising out of my participation in the Activity.
In Loco Parentis (Parents and Guardians): I understand that Kingston Fencing Club staff and volunteers are responsible for the supervision of the Participant during the Activity, but they are not acting in loco parentis. The responsibility for the Participant’s welfare remains with me as the parent or guardian. Staff will provide appropriate oversight during the Activity, but they are not assuming parental duties. I acknowledge and accept that any decisions regarding the Participant’s health, safety, or well-being during the Activity remain my responsibility.
Health and Safety Compliance: I, the undersigned, acknowledge and agree to adhere to all health and safety policies, guidelines, and instructions provided by Kingston Fencing Club during participation in the Activity. See Health and Safety Guidelines. I understand that it is my sole responsibility, or the responsibility of the Participant (if a minor), to ensure compliance with such policies and to act in a manner that does not endanger myself, the Participant, or others. I further acknowledge that failure to follow the health and safety guidelines, including but not limited to instructions regarding equipment, conduct, and physical well-being, may result in the immediate termination of participation in the Activity. In such an event, I agree that Kingston Fencing Club and its staff will not be held liable for any injury, loss, or damage incurred due to non-compliance with the stated health and safety policies. I accept full responsibility for any consequences resulting from failure to follow the health and safety guidance provided.
Severability: I expressly agree that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the United Kingdom and that if any of its provisions are held to be invalid, the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to bring legal action or assert a claim against Kingston Fencing Club. I acknowledge that by accepting these terms, I am accepting the agreement freely and voluntarily and affecting a complete and unconditional release of all liability to the greatest extent allowed by law.
Membership and Insurance: I understand that Kingston Fencing Club does not undertake to provide health, accident, disability, hospitalisation, personal property, or other insurance to participants in the Activity. Temporary membership of Kingston Fencing Club will be conferred on those enrolled on any course organised by Kingston Fencing Club. This gives insurance cover provided by British Fencing (BF). See https://www.britishfencing.com/policy-zone/insurance-policies-guidelines/ for more details. BF insurance is free and valid for 90 days on commencement of the activity at the club. To guarantee that the participant is insured for ongoing participation in the activity beyond 90 days, the participant should sign up for the British Fencing (BF) Introduction Insurance membership. https://www.britishfencing.com/become-a-member/.
Acceptance: Payment of fees or subscriptions to Kingston Fencing Club shall constitute an acceptance of this waiver and release and of the articles of its Constitution.
