Consent Form
Waiver and Release of Liability Form
REQUIREMENTS
USA Fencing Membership
All Coaches in Training (CIT), Coach Developers (CD) must have a current USA Fencing Annual Coach Membership,
and all Students must have a USA Fencing Annual Membership (collectively “Participant” or “Participants”).
These memberships provide personal insurance coverage and can be immediately purchased online at www.usafencing.org.
No Participant shall be permitted to participate in any United States Fencing Coaches Association (USFCA)
activity without the required USA Fencing membership. USFCA reserves the right to expel any Participant if,
in USFCA’s sole discretion, they are found to be behaving in an unsafe, overly aggressive, illegal, or otherwise
offensive manner. No parents or spectators are allowed in the clinic teaching areas, regardless of whether
they hold a USA Fencing membership.
Fencing / Coaching Gear
While engaged in any fencing activity, all CITs and CDs shall wear coaching gear with full coverage of target
areas and Students shall wear a full fencing uniform including, but not limited to, mask, jacket, underarm
protector, knickers, knee socks, and chest protector (women). USFCA reserves the right to prohibit participation
if, in USFCA’s sole discretion, it determines that a Participant’s gear is not in acceptable condition.
Participants are also fully responsible for bringing water, food, and any other items necessary for their health
or safety.
RELEASE AND WAIVER OF LIABILITY
In consideration and as a condition of my and/or my minor child’s participation and/or membership in any
USFCA clinic, I acknowledge and agree, on my behalf and on behalf of any child or other
person over whom I have legal authority (“I” or “myself” or “my” being construed hereinafter to include all
such persons), as follows:
Definitions: As used herein, “Releasees” shall include USFCA, USA Fencing and all
affiliated sections, divisions, clubs, host organizations, officers, directors, athletes,
referees, coaches, volunteers, officials, club members, individual members, agents,
employees, contractors, participants, sponsoring agencies, sponsors, advertisers,
and, if applicable, owners or lessors of the premises used for any activity.
Submission to Rules: I agree to abide, at all times, to the USFCA Code of Ethics,
USA Fencing membership requirements, including, but not limited to, USA Fencing
Bylaws, Rules of Competition, Athlete Handbook, Operations Manual, USA Fencing
Safe Sport Policy, USOC Safe Sport Code (including the Practices and Procedures
and Supplementary Rules appended thereto), all as now constituted and as may be
amended from time to time.
Acceptance and Assumption of Risk: All sessions are supervised by CDs or USFCA staff and Participants are expected to
follow all safety protocols set by USFCA. Participants acknowledge and agree that
fencing is an activity that carries physical, mental and emotional risks, including, but
not limited to, sprained joints, bruises, impacts, exhaustion, concussion, abrasions,
dehydration, and other serious injuries, including death. While USFCA has
measures and protocols in place for the health, safety, and welfare of Participants,
USFCA cannot eliminate all risks. By signing hereunder, I hereby assume any and
all responsibility and liability for my health, safety, and welfare.
Pre-Existing Conditions / COVID-19: I acknowledge and agree that I shall be solely and fully responsible for
determining whether I have any pre-existing health or physical conditions that
may be adversely affected by participation in USFCA clinics classes, activities,
and events, and I hereby accept those risks by signing hereunder. I
acknowledge and agree that participation in any public events includes a risk of
contracting illnesses, including, but not limited to, COVID-19, and I am knowingly
and voluntarily assuming such risk by participating in USFCA activities, events,
and/or classes.
Physical Limitations: I acknowledge and affirm that I am in good health and have no physical
limitations that would preclude or impede me from participation in any USFCA
activities, classes, and/or events and I am freely and voluntarily accepting all
risks of participation as set forth herein. I further acknowledge and agree that
participation in any USFCA activity, class, and/or event, whether supervised or
unsupervised, includes the risk of injury and illness, including serious injury,
disability or death. By signing hereunder, I am knowingly, voluntarily, and
expressly assuming full responsibility for all such risks, whether known or
unknown, apparent or latent, that may be substantiated by participation in such
activities, classes, and/or events, whether or not caused by the negligence or
other wrongful conduct of the Releasees, Participants, or others.
Release: In consideration for my participation in any and all USFCA activities, classes, and/or
events, I, with the intention of binding my beneficiaries, next of kin, heirs, nominees,
executors, subrogees, administrators, agents, successors, successors in interest,
representatives, subsidiaries, directors, officers, shareholders, legal representatives,
and assigns, do hereby release, discharge, acquit, satisfy, indemnify, agree not to sue,
and hold harmless from any liability, Releasees and their heirs, executors, beneficiaries,
legal representatives, nominees, subrogees, administrators and assigns, from any and
all past, present, and future claims, cross-claims, counterclaims, suits, liability, actions,
causes of action, demands, losses, costs, expenses, attorney’s fees, commissions, and
any and all other damages, costs or claims of any nature whatsoever, whether caused
in whole or in part by the actions or inactions of Releasees, including claims of
negligence and/or for negligent rescue operations, and/or the loss or damage to my
person or property, including, but not limited to, disability and/or injury, including death,
that I may sustain while participating in any USFCA activities, classes, and events,
supervised or unsupervised, which I ever had or now have from the beginnings of time
to these presents, whether such injuries, damages, commissions, losses, or claims are
currently known, unknown, foreseen, or unforeseen, patent or latent, legal or equitable,
and hereby assume full responsibility for any injuries, damages, losses, claims or
liability that may hereafter occur. No mistake of fact with respect to the nature or extent
of said injuries, damages, losses, claims, liability or consequences thereof shall
invalidate or void shall this Release. The provisions of any federal, state, local and/or
territorial law or statute providing in substance that releases shall not extend to claims,
demands, injuries or damages which are unknown or unsuspected to exist at the time,
to the person or entity executing such release, are hereby expressly waived.
Consent for Medical Treatment: Participant hereby grants consent to USFCA and
USA Fencing and its representatives for myself and/or any person for whom I am
signing this document to obtain medical care from any licensed physician, athletic
trainer, hospital or clinic for any injury or illness that may arise during a USFCA
sponsored training seminar and related activities.
Consent to Media: I understand that photography, filming, recording or any other form of media may occur
during training sessions in which I may be present, and by signing hereunder, I agree
that this media may be used by the USFCA for promotional and training purposes. (If
you do not wish to be photographed please contact the organizer)
Choice of Law: Any dispute regarding any of the terms and conditions set forth herein
shall be governed, interpreted and construed according to the law of the State of Pennsylvania, without reference to choice of law principles.
.
Arbitration: Except as set forth in the USA Fencing Safe Sport Policy and USOC Safe
Sport Code (including the Practices and Procedures and Supplementary Rules
appended thereto), any controversy or claim arising from or relating to my participation
in any USFCA event and/or activity, including but not limited to, any matter arising from
or relating to allegations of damage to property or injury to person, shall to the fullest
extent permitted by law be settled by arbitration, provided, however, that prior to the
commencement of any such arbitration, any and all available administrative procedures
and remedies of USFCA, USA Fencing governmental or administrative body shall have
been exhausted.
Authority / Modifications: By signing hereunder, I am verifying that I am over the age
of 18 years and am legally competent to sign this Consent /Waiver and Release of
Liability Form. This Consent /Waiver and Release of Liability Form shall supersede any
prior or contemporaneous representations, whether oral or written, not contained herein,
by Releasees.
I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing hereunder. I have signed it freely and
without any inducement or assurance of any nature and intend it to be a complete
and unconditional release of all liability to the greatest extent allowed by law, and
agree that if any portion of this agreement if held to be invalid that the balance,
notwithstanding, shall continue in full force and effect.