Last Updated: April 20 , 2022
As part of its work, MyChessCoach (FiverKids LLC) offers a variety of classes and workshops designed to teach students Chess (collectively, “Classes”). We’re thrilled that you’ve signed up to learn Chess with us.
It's important that we stay safe while playing Chess at home or any other location. This Participation and Liability Waiver Agreement(“Agreement”) explains possible risks and includes liability waivers, consents, and other legal
agreements on your part. Please read carefully to confirm your understanding and agreement,
and your acknowledgment that your entry in this Agreement is in consideration of your
participation in a Class. You'll see this same document shared onscreen at the start of every
Class.
Chess can involve sustained and vigorous mental activity which might be very exciting. I may fall or hit lamps, computers, or other objects in my or my child's surroundings. Also, student/s might be playing Chess for long periods of time without onsite supervision by an instructor.
Students may not have access to others for help should they get injured or ill.
As such, I understand that participation in Classes creates risks, and that these risks include risks
of bodily injury (such as fractures, concussions, strains, and ligament tears), cardiac events,
death, and property damage. I as student's legal guardian also understand that my or my child's and kid's own fitness and conditioning may affect their ability to engage in Classes and meet their mental and physical demands, and that I am solely responsible for the outcomes including any injury or stress caused due to the class
I understand the information above, and confirm and acknowledge that these are risks associated
with participation in Classes. With such information and awareness, and with the recognition that
other factors may create additional such risks, I knowingly, freely, and voluntarily: (a) enroll in
Classes; (b) participate in Classes; and (c) assume and accept the risks of all injury, death,
property damage or loss, financial obligation, loss of privacy, loss of reputation, and all other
injuries and other consequences, whether known or unknown, whether foreseen or
unforeseeable, and whether incurred at my or my child's residence or other locations, that may result, directly
or indirectly, from my or my child's participation in Classes, regardless of the cause.
Liability Waiver and Release
I waive and release Client and its directors, officers, agents, employees, volunteers, and affiliates
(collectively, “Client Parties”) from any and all liability, claims, costs, and expenses of any kind
and of whatever nature which I or my or my child's heirs, next of kin, or legal representatives may have or
which may later accrue, caused by or arising directly or indirectly from my or my child's participation in
Classes, including, without limitation, any injuries suffered while participating in Classes or
practicing dance on my or my child's own, any injuries to other persons, and any property damage that may
occur as a result of my or my child's engaging in Classes.
This release and waiver includes, in each such case, all claims in respect of the risks noted
above, known and unknown, foreseen and unforeseeable, regardless of the cause or whether
such claims arise from tort, contract, or otherwise, and even if caused by negligence, whether
passive or active. I will not sue any of the Client Parties on the basis of these waived and
released claims. I waive the protections of Section 1542 of the California Civil Code.
I understand that I am solely responsible for knowing my or my child's physical condition and making my
own decision about participation, and acknowledge that Client has not made any promises or
assurances to me about my or my child's ability to participate. I understand that I am responsible for choosing
the appropriate level of class and my or my child's level of participation. I confirm that I have received all
medical examinations necessary to take part in Classes. It is my or my child's responsibility to talk to a medical
practitioner if I have any questions or health concerns about participating in Classes.
Class Recordings
Client conducts its live Classes through Zoom. I understand that if I ask a question or make a
comment, I and my or my child's surroundings may appear onscreen, and my or my child's voice will be heard by
participants in the session. I also understand that Client may record live Classes and make the
recordings (“Recordings”) available to other participants, and that Client will not edit my or my child's image or
voice out of any Recording.
As such, I consent to my or my child's image, statements, voice, and surroundings being included in
Recordings, and to such use of Recordings by Client. I understand that I will not have the
opportunity to review or approve any Recordings and that I will not receive any payment for their
use. I understand that Client will own the copyright and all other rights in the Recordings. I waive
any legal claims relating to the Recordings, including those relating to copyright, rights of publicity
or privacy, or defamation, or arising from any distortion, blurring, or alteration that may occur in
the making, editing, or use of the Recordings.
I acknowledge that class and workshop instruction methodologies and videos are the property of Client. I will not record, reproduce, distribute, sell, or otherwise copy or transfer any such Classes without first obtaining the express written consent of Client. Others who may be with me during a Class I understand that my or my child's registration for a Class does not entitle other members of my or my child's household, friends, or other individuals (collectively, “Third Parties") to participate in the session. I will be responsible for any Third Parties who do participate. To that end, I will be solely responsible for and defend, indemnify, and hold harmless Client against any claims by or on behalf of Third Parties arising from their or my or my child's participation in Classes. Applicable to Classes and Workshop. This Agreement will cover my or my child's participation in both single Classes and multiple Classes.
You have 48 hours after the payment is completed to ask for a 100% refund. Post that, we won't be able to process the refund for the month but can provide the classes for the plan that you have signed. If the student does not show up for the class, is unwilling to attend the class, or does not cancel the class with a 24 hour notice, the class is counted and you will not be entitled to a make up class or a refund.
This Agreement will be legally binding not only on me but also my or my child's heirs, next of kin, and legal representatives, and will run in favor of, and may be enforced by, each of the released parties. It will be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be illegal, invalid, or unenforceable, the remaining terms will be effective. This Agreement will be governed by California law.
I affirm that I am the legal guardian of the child and am freely entering this Agreement (a) either on my or my child's behalf or (b) as the parent or legal guardian of the participant and on behalf of my or my child's minor child. I have read this Agreement and fully understand that by entering into this Agreement, I am giving up legal rights and/or remedies that may be available to me or, if applicable, the participant, to me, to any other parent or legal guardian of the participant, and to their respective heirs, next of kin, and legal representatives. If entering into this Agreement on behalf of the participant, I certify that I have the authority to enter into this Agreement on behalf of the participant and to make decisions for the participant regarding Classes, and I waive and release Client Parties from any and all liability, claims, costs, and damages of any kind which I may have resulting or arising directly or indirectly from the participant’s participation in Classes.