AGREEMENT (1) FOR ACKNOWLEDGMENT OF RISK, (2) FOR WAIVER, DISCLAIMER, AND RELEASE OF LIABILITY, (3) NOT TO SUE, AND (4) FOR INDEMNITY
**IMPORTANT - PLEASE READ THE ENTIRE AGREEMENT**
YOU MUST CHECK "I AGREE" TO ALL SECTIONS OR WAIVER CANNOT BE SUBMITTED AND YOU CANNOT PARTICIPATE IN ACTIVITIES, OR USE THE DOJO FACILITIES OR EQUIPMENT.
In consideration of the services of Maui Saito Ninjitsu LLC, and any related dba, including Saito Ninjitsu, Saito Bloodline Ninjitsu, Scottsdale Jiu-Jitsu, Ninja Kids Camp, Warrior Women's Self Defense, and it's representatives, I, on behalf of myself and jointly and severally, on behalf of minor child(ren), if any is/are listed as participants below, and on behalf of our respective heirs, personal representatives, spouse, next of kin, successors, and assigns (hereinafter collectively "we"), hereby understand, acknowledge, and voluntarily agree with Maui Saito Ninjitsu LLC, it's share holders, officers, directors, employees, agents, contractors, representatives, insurers, and/or landlords, and each of their successors and assigns, including any and all related company names doing business as (dba's) (herein after collectively the "DOJO") as follows:
MARTIAL ARTS, SAITO NINJITSU, BRAZILIAN JIU-JITSU, SAITO JUJITSU, SELF DEFENSE, WORKSHOPS, CAMPS, PHYSICAL FITNESS TRAINING, KARATE, AIKIDO, JUDO, JUJITSU, GRAPPLING, LIFE SKILL GAMES, EXERCISES, LAW ENFORCEMENT TRAINING, WEAPONS TRAINING, MMA TRAINING, BOXING, KICKING, PUNCHING, AND USE OF THE DOJO'S SERVICES EQUIPMENT AND FACILITIES AT THIS LOCATION, ALL OTHER LOCATIONS AND ANY OFF-SITE LOCATIONS ENTAILS SIGNIFICANT RISKS, BOTH KNOWN AND UNKNOWN, WHICH COULD RESULT IN PHYSICAL OR EMOTIONAL INJURY, PARALYSIS, DEATH, OR DAMAGE TO US, TO PROPERTY AND/OR TO THIRD-PARTIES. SUCH RISKS INCLUDE, AMONG OTHERS, (a) FALLS, (b) FALLING ONTO OTHERS PRESENT, (c) THROWS, (d) KICKS, (e) PUNCHES, (f) HITS, (g) OTHER OBJECTS SUCH AS PADS, WEAPONS, ROPES, HARDWARE, (h) IMPROPER USE OR DEFECT OR FAILURE OF EQUIPMENT, WEAPONS, OBJECTS USED IN AND AROUND DOJO, (i) IMPROPER OR INSUFFICIENT TRAINING, SUPERVISION AND/OR INSTRUCTION, (j) CUTS, ABRASIONS, TWISTED OR BROKEN BODY PARTS, MUSCLE, LIGAMENT AND/OR TENDON TEARS OR STRAINS, JOINT AND/OR SPINAL INJURY, SPRAINED NECK, ROTATOR CUFF INJURIES, HEAD INJURIES, STRAINING MUSCLES FROM OVER-STRETCHING, CONTACT WITH ANOTHER PARTICIPANT, (k) INJURY OR LOSS SUSTAINED BY ANOTHER PARTICIPANT DURING LESSONS, PRACTICE SESSIONS, PERFORMANCES, SHOWS, EXHIBITIONS, HOME PRACTICE, OR ANY OTHER ACTIVITIES OR LOCATIONS WHICH PARTICIPANTS USE METHODS OF ANY RELATED SELF-DEFENSE, PHYSICAL FITNESS, OR MARTIAL ARTS TAUGHT BY DOJO, and (l) NEGLIGENCE OF OTHER PARTICIPANTS, THIRD-PARTIES AND/OR THE DOJO. MARTIAL ARTS AND RELATED ACTIVITIES INVOLVES BOTH INHERENT AND EXTRINSIC, AND BOTH NATURAL AND ARTIFICIAL RISKS. These are not all of the risks associated with our participation in the activities, and the above list in no way limits the scope of this Agreement.
Our participation is entirely voluntary and with a full understanding that all such usage involves all manner of hazards and dangers. We choose to participate in spite of the risks. WE ACCEPT AND ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, WHETHER CAUSED OR ALLEGED TO BE CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OR OMISSIONS OF THE DOJO.
We have a responsibility to ourselves and other users/participants of the DOJO, to conduct ourselves in a safe manner. If we are unsure about how to safely engage in any activities at any time, we will ask DOJO teacher/assistant/staff for further instruction BEFORE participating.
We are in good health and have no condition that would affect out safe participation in the activities, or else we assume and agree to bear the costs of all risks that may be created, directly or indirectly, by such condition.
We will not use the DOJO while under the influence of drugs or alcohol or while in any other condition that might impair us.
We have adequate insurance to cover any injury or damage we may cause or suffer while participating in the activities, or else we agree to bear the costs of such injury or damage.
We use and accept items received from the DOJO "AS IS" with no warranty, and participate in activities and use the facilities and equipment oat OUR OWN RISK. The DOJO has no responsibility for the lost, damaged or stolen items.
WE HEREBY VOLUNTARILY AND KNOWINGLY FOREVER WAIVE, RELEASE, AND DISCHARGE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, THE DOJO FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, OR CAUSES OF ACTION WHATSOEVER FOR ANY HARM, LOSS, DAMAGE, PROPERTY DAMAGE, PERSONAL INJURIES OR DEATH ALLEGED TO BE CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE (but not intentional conduct) IN CONNECTION WITH OUR PRESENCE, PARTICIPATION IN THE ACTIVITIES AND/OR USE OF THE DOJOS FACILITIES OR EQUIPMENT.
WE UNDERSTAND THAT BY SIGNING THIS AGREEMENT, IF WE OR ANYONE ELSE IS HURT OR PROPERTY IS DAMAGED, AMONG OTHER THINGS, WE SHALL HAVE (a) NO CLAIMS WHATSOEVER AGAINST, (b) NO RIGHT TO SUE, AND (c) AND NO RIGHT TO RECOVER ANY DAMAGES OR OTHER COMPENSATION FROM THE DOJO, AND /OR ITS PARTICIPANTS.
We give the DOJO permission to use our likenesses (photo or video) for promotional purposes, without compensation. If any term or provision hereof is invalid, illegal or unenforceable, it shall be stricken only to the minimal extent necessary, and the remaining shall remain unimpaired. No provision can be waived or changed in any way (notwithstanding any purported oral statement or change on this Agreement) except expressly in writing personally assigned by an owner of the DOJO. All terms and paragraphs apply even if not initialed/checked. This Agreement is governed by the laws of the State of Arizona. This Agreement is irrevocable and has no expiration date.
We agree to read and abide by any and all rules and regulations posted in the DOJO, including the following rules:
-Everyone is responsible for their own safety.
-The head instructor/DOJO reserves the right to expel any participant from the DOJO.
-Place personal belongings not in use in designated areas. DOJO is not responsible for lost/stolen items.
-If you have any questions or concerns, ask a DOJO teacher/assistant/staff before participating.
I HAVE HAD A FULL OPPORTUNITY TO READ AND HAVE READ THIS ENTIRE AGREEMENT AND RULES, UNDERSTAND THEM AND AGREE, JOINTLY AND SEVERALLY, ON BEHALF OF MYSELF AND MY MINOR CHILD(REN), IF ANY ARE LISTED AS PARTICIPANTS BELOW, TO BE BOUND BY THEIR TERMS. I REPRESENT AND AGREE THAT ANY MINOR CHILDREN I LIST AS PARTICIPANTS BELOW ARE, IN FACT, MY OWN MINOR CHILDREN OR CHILDREN OVER WHICH I HAVE BEEN APPOINTED AS LEGAL GUARDIAN BY A COURT AND, IF NOT, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE DOJO FROM ANY/ALL CLAIMS, LOSS, DAMAGE, ATTORNEYS FEES AND/OR COSTS RELATED TO SUCH MINOR CHILDS PARTICIPATION.