ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
By signing this document, you will waive certain legal rights, including the right to sue.
PLEASE READ CAREFULLY!
To: Konsolt.Beyond, Art Of 8 Martial Arts Academy, their agents, owners, officers, affiliates, volunteers, participants, employees, representatives, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as Art Of 8 Martial Arts Academy) :
IN CONSIDERATION OF Art Of 8 Martial Arts Academy allowing the participant described below to participate in the traditional martial art of Muay Thai, Boxing, Wrestling, Jiu Jitsu, Yoga or activities / games related to those practices (hereafter referred to as 'activities' or 'the activity'), the participant agrees as follows on behalf of themselves, their spouse, children, parents, heirs, assigns, personal representatives and estate:
- I acknowledge that my participation in the activities or games, entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Art Of 8 Martial Arts Academy employees and representatives have difficult jobs to perform. They seek to create a safe environment but they are not infallible. They might be unaware of a participant’s health or abilities. Traveling to and from the gym raises the possibility of any manner of transportation accidents. I expressly agree and promise to accept and assume all of the risks existing in this activity. My and/or my child's participation in this activity is purely voluntary and I elect to participate in spite of the risks.
- If I and/or my child/ward are injured, I acknowledge that I and/or my child/ward may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I hereby represent/affirm that I have adequate insurance to provide coverage for such medical expenses. I understand and agree that Art Of 8 Martial Arts Academy will not pay for any cost or expenses incurred by me if I and /or my child/ ward are injured.
- I hereby voluntarily release, remiss, forever discharge, and agree to indemnify and hold harmless Art Of 8 Martial Arts Academy to waive any and all claims, demands, or causes of action, that I have or may have in the future against Art Of 8 Martial Arts Academy and to release Art Of 8 Martial Arts Academy from any and all liability for any loss, damage, expense or injury including death that I may suffer (or cause) or that my family, heirs, assigns, personal representatives and estate may suffer (or cause) as a result of my participating in Art Of 8 Martial Arts Academy activities or games.
- I further hereby release, remiss and forever discharge Art Of 8 Martial Arts Academy, its directors, officers, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns from and against all demands, claims, actions, damages, costs and expenses arising from or with respect to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused, arising from or in connection with my participation in the Classes whether or not caused by, in whole or in part, the negligence or gross negligence of Art Of 8 Martial Arts Academy.
- The required physical exertion may be strenuous and cause physical injury, and I am fully aware of the risks and hazards involved. I hereby represent that {name} is physically fit to receive and participate in the prescribed course of instruction. I acknowledge that I have been advised to consult with a physician prior to and regarding {name} participation in the Classes and that my physician has confirmed to me that {name} have no medical condition which would affect their full participation in the Classes.
- In consideration of my being permitted to participate in the Classes, I for myself, my heirs, executors, administrators, successors, assigns and anyone else who may claim on my behalf hereby waive any and all claims, liability and damages I may now or in the future have against Art Of 8 Martial Arts Academy, its directors, officers, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns, arising by any means whatsoever, including, but not limited to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused arising from or in connection with my participation in the Classes.
- I agree to hold harmless and indemnify Art Of 8 Martial Arts Academy from any and all liability for any property damage or personal injury to any third party resulting from my participation in Art Of 8 Martial Arts Academy activities or games. Furthermore, should Art Of 8 Martial Arts Academy or anyone acting on its behalf be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold Art Of 8 Martial Arts Academy harmless from all such fees and costs.
- I further grant Art Of 8 Martial Arts Academy the right to photograph, videotape and/or record me and/or my child/ward and to use my or my child/ward’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and promotional materials without reservation, limitation or compensation.
- I acknowledge that I have read, viewed or heard the rules governing my participation and/or my child/ward’s participation in any activity at Art Of 8 Martial Arts Academy. I certify that I understand and have explained the policies/rules of Art Of 8 Martial Arts Academy to my child/ward. I understand that Art Of 8 Martial Arts Academy Rules have been implemented for the safety of all participants at Art Of 8 Martial Arts Academy, including myself and/or my child/ward, and to follow the values taught by the activity. I acknowledge that failure to follow the rules or regulations could result in the expulsion of myself and/or my child/ward from Art Of 8 Martial Arts Academy.
I, {name} (or my guardian), on this date {sign_date} have had sufficient opportunity to read this entire document. I have understood it and I agree to be bound by its terms.