WAIVERS and POLICIES
ELITE MADNESSS 617 GUIDELINES AND POLICES
Beginning on April 1st, 2021, a new cancellation policy will be enforced.
Sessions must be paid for by the Sunday of every week.
Sessions must be cancelled or rescheduled no less than 12 hours before the session. If you cancel after the 12-hour deadline, your payment for the session will be non-refundable and non-transferable.
If you arrive after your start time, it is not guaranteed that you will receive your full 30-minute session. Elite Madness 617 will do its best to accommodate. But due to strict scheduling it may not always be possible.
WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in this training, and as consideration for the right to participate in the activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of I am/my/my child’s participation in the activity, and do hereby forever release and discharge Delroy McDonald of Elite Madness 617, located at 44 Mora Street, Boston, Massachusetts 02124, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I/my child may suffer as a direct result of my participation in the aforementioned activity, including traveling to and from an event related to training.
I am/my child is voluntarily participating in the aforementioned activity and I/my child is participating in the activity at my own/their own risk. I am aware of the risks associated with traveling to and from as well as participating in this activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own/my child’s or others’ negligence, conditions related to travel, or the condition of the activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in Elite Madness 617, including travel to, from, and during this activity.
I agree to indemnify and hold harmless Delroy McDonald of Elite Madness 617 against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by another else acting on my behalf. If Delroy McDonald of Elite Madness 617 incurs any of these types of expenses, I agree to reimburse Delroy McDonald of Elite Madness 617.
I acknowledge that Delroy McDonald of Elite Madness 617 and their directors, officers, volunteers, representatives, and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting specific event or activity on behalf of Delroy McDonald of Elite Madness 617.
I acknowledge that this activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge Delroy McDonald of Elite Madness 617 and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Delroy McDonald of Elite Madness 617 for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Delroy McDonald of Elite Madness 617, its agents, and employees.
In the event that I/my child should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my child’s willful actions, neglect or reckless, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This Agreement was entered into without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, ___________________________, and Delroy McDonald of Elite Madness 617 agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall be in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
CORONAVIRUS/COVID-19
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that Elite Madness 617 has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that Elite Madness 617 cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, salon staff, and other salon clients and their families.
I voluntarily seek services provided by Elite Madness 617 and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.
I attest that:
I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold Elite Madness 617 harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the salon, or that may otherwise arise in any way in connection with any services received from Elite Madness 617. I understand that this release discharges Elite Madness 617 from any liability or claim that I, my heirs, or any personal representatives may have against the salon with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Elite Madness 617. This liability waiver and release extends to the salon together with all owners, partners, and employees.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
In the event of an emergency, please contact the person listed below.
PARENT/GUARDIAN WAIVER FOR MINORS
In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent or guardian as follows:
I hereby certify that I am the parent or guardian of ____________________________________, named above, and do hereby give my consent without reservation to the foregoing on behalf of this individual.