Below, I acknowledge reading, understanding and accepting the statements herein.
AGREEMENT TO PARTICIPATE AND LIABILITY WAIVER: Although StandStrong LLC (“StandStrong,” which includes its affiliates, officers, members, agents, attorneys, donors, board members, instructors, advisors, employees, other participants and sponsoring entities) will exercise reasonable care, being at least eighteen (18) years of age and being the parent, legal guardian or responsible adult of the child/children and participants named above attending StandStrong classes, on behalf of himself/herself and the child or children, understand certain activities, including StandStrong programming and other activities at, near or involving StandStrong, including travel to and parking near StandStrong, involve risk, dangers and possible bodily injury, foreseeable and unforeseeable to my child or children, to property or to third parties.
In addition, such activities at, near, or involving StandStrong may include other social and/or economic risks that are either known to me or are not readily foreseeable at this time. I understand that it is my responsibility as an adult, parent or legal guardian not to allow participation of my child or children if there is/are any physical, emotional, behavioral or other problems that might compromise safe involvement of the child or children or any other participants or anyone associated with StandStrong.
I specifically understand and realize that serious injury is commonplace in martial arts class such as the one offered by StandStrong. I also realize that if my child or children are injured, the child or children might be disfigured and disabled and/or rendered unable to work again. I realize that regardless of how the consequences might occur – whether it be the result of an child’s actions, the action or inaction of an instructor, the condition of the facilities used, the conduct of a non-participant or some other reason – by entering into this agreement I accept the risk of entering my child or children into a StandStrong program, I fully accept and assume all such risks and dangers and all responsibility for losses, costs and damages incurred as a result of the child or children’s participation in the activities involving StandStrong. I hereby voluntarily release, forever discharge, agree to hold harmless and indemnify and promise not to sue StandStrong, its affiliates, officers, members, agents, attorneys, donors, board members, instructors, advisors, employees, other participants and sponsoring entities from and against any and all claims, injuries, liabilities or damages arising from or related to our participation in activities and/or programs at, near or involving StandStrong, as I freely and voluntarily assume all risks, dangers and possible injury resulting from activities, negligence, operation, actions and omissions at, near or involving StandStrong.
HEALTH & AUTHORIZATION OF MEDICAL CARE: I hereby acknowledge that I have been advised to consult with my child or children’s physician with respect to any past or present injury, illness, health problem or any other condition or medication that may affect mine or my child’s participation and ability in and to endure the StandStrong activity. I hereby represent that the child or children is in good health, that there is no special problems associated with the care of the child or children, and that I have left no special instructions regarding the child or children. In case of injury or illness during participation, I authorize and desire medical care, if available, for my child and/or children. I accept responsibility for all associated expenses.
PHOTOGRAPHS, VIDEO, STATEMENTS AND INFORMATION SHARING: I authorize use of my own and my child or children’s visual image, video recordings and statements in newsletters, posters, StandStrong’s website, StandStrong’s social media, e–mails and other advertising/marketing materials without compensation for such use.
CHOICE OF LAW, MANDATORY ARBITRATION, AND VENUE: You and StandStrong agree that any dispute, claim, or controversy involving StandStrong arising in connection with or relating in any way to your
or child/children’s relationship with StandStrong (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whenever such claims may arise will be determined by mandatory binding individual (not class) arbitration. You and StandStrong further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of this agreement.
Notwithstanding the clause above, you and StandStrong both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
YOU AND STANDSTRONG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and StandStrong agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Either you or we may start arbitration proceedings. Any arbitration between you and StandStrong will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and StandStrong agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. StandStrong can also help put you in touch with the AAA.
Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
If you choose to file an arbitration proceeding and you are required to pay a filing fee, StandStrong will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. StandStrong will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). StandStrong's address for Notice is: 4859 N. Pulaski Rd., Chicago, Illinois 60603. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or StandStrong may commence an arbitration proceeding. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
VALID DATES: These agreements, waivers and authorizations will remain valid and in force as long as and whenever my child, myself or any family member participates in any activity at, near, involving or with StandStrong.
By signing this document, I acknowledge that 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 StandStrong on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read and fully understand this entire document and I agree to be legally bound by its terms.
RIGHT TO DECLINE: StandStrong reserves the sole and exclusive right to decline participation to anyone for any reason not prohibited by law. Furthermore, StandStrong reserves the right to remove any person for disruptive and/or inappropriate conduct as determined by the sole discretion of StandStrong. By signing this document, I acknowledge that I have read and understand it. I further agree to be bound by the terms stated herein.
