Assumption of Risk and Waiver of Liability
1. The Student irrevocably acknowledges the contagious nature of the novel coronavirus (“Covid-19”) and voluntarily assumes all risk that the Student may be exposed to, or that the Student may be infected by Covid-19 and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
2. The Student specifically and expressly states that it completely understands the risk of becoming exposed to or infected by Covid-19 at FFM which may be the result of the actions, omissions, or negligence of the Student and/or others, including, but not limited to, any members, employees, volunteers, directors, or participants of or at FFM.
3. The Student specifically and expressly guarantees and states that it has no symptoms of Covid-19 currently nor has the Student had any symptoms during the past 30 days. The Student guarantees that the Student inter alia had no fever, dry cough, tiredness, aches and pains, sore throat, diarrhoea, conjunctivitis, headaches, loss of taste or smell, a rash on skin, or discolouration of fingers or toes, difficulty breathing or shortness of breath, chest pain or pressure, loss of speech or movement in the last thirty days.
4. The Student voluntarily agrees to fully and solely accept and assume all risk and to accept sole responsibility for any injury caused to the Student, illness, damage, loss, claim, liability, or expense of any kind, that the Student may experience or incur in connection with the Student’s attendance at FFM or any participation at FFM. The Student herewith fully and unreservedly releases FFM and any of its employees, trainers and directors of any liability, whatsoever, any responsibility, whatsoever, and completely waive any right that the Student may have or obtain to take any action or to make any claim, including, but not limited to, any claims, actions or damages, costs incurred or otherwise, and specifically and expressly state that the Student completely understands and agrees to assume all risk in this regard, without reservation, whether a Covid-19 infection occurs before, during, or after participation.
5. The Student specifically acknowledges that it may not, and is not, authorized to take any photos, any video, any audio recordings or anything of similar nature of FFM or while at FFM. The Student will not disclose to any person or any party that the Student has trained at or with FFM or with any employees, trainers or directors of FFM. The terms of this assumption of all risk and waiver of all liability by the Student and any discussions with FFM or with any of its employees, trainers or directors (whether in person or, but not limited to, on any social media) shall not be disclosed by the Student to any other person or party. The Student specifically and expressly agrees to treat anything connected to FFM, its employees, trainers and directors, any discussions or otherwise, as strictly confidential and will not and may not be disclosed. The Student specifically agrees that any breach of any of the terms of this assumption of all risk and waiver of liability expression will lead to irreparable harm and inter alia irreparable financial damage to FFM, its employees, trainers and its directors, which the Student will be held fully and immediately liable for. The terms hereof shall remain in force and effect indefinitely until revoked, in writing, by FFM.
6. No waiver of any of the terms and conditions of this agreement will be binding or effectual for any purpose unless express in writing and signed by FFM giving same, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of FFM in exercising any right, power or privilege hereunder will operate as a waiver there, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege. The Student is not entitled to assign, cede, delegate or transfer any rights, obligations, share or interest acquired in terms of this agreement, in whole or in part, to any other party or any other person without the prior written consent of FFM. This agreement constitutes the whole of the agreement between the parties hereto relating to the matters dealt with in this agreement and save to the extent otherwise provided herein no representation, term or condition relating to the subject matter of this agreement not incorporated in this agreement shall be binding on the parties. No variation, addition, deletion, or cancellation will be of any force or effect unless reduced to writing and signed by the parties hereto or their duly authorised representatives. In the event of any one or more of the provisions of this agreement being held for any reason to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, and this agreement shall be construed as if such invalid, illegal or unenforceable provision was not a part of this agreement, and the agreement shall be carried out as nearly as possible in accordance with its original terms and intent.