In consideration of being permitted to participate in BMAA training, testing, demonstrations and other sponsored events, including but not limited to camps and tournaments, /or being permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the general public is prohibited), the participant or parent(s) and/or legal guardian(s) of the minor participant named below agree:
- Upon entry of BMAA premises or premises of sponsored events and before participating, the participant or the parent(s) and/or legal guardian(s) of the minor participant(s) will inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise BMAA and/or event officials of such condition(s) and refuse to participate. If at any time, I feel anything to be unsafe, immediate precautions to avoid the unsafe area or equipment will be taken and participation suspended until conditions are deemed safe.
- The undersigned fully understands and acknowledges that:
a. There are risks and dangers associated with participation in martial arts events and activities which could result in bodily injury partial and/or total disability, paralysis, and death.
b. The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
c. These risks and dangers may be caused by the action, inaction, or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees referred to herein.
d. There may be other risks not known to us or are not reasonably foreseeable at this time.
- The undersigned accepts and assumes the risks and responsibility for the losses and/or damages following such injury, disability, paralysis, or death, however caused and whether caused in whole or in part by the negligence (ordinary or otherwise) of the Releasees referred to herein.
- The undersigned warrants that:
a. The participant(s) is/are in good health and in proper physical condition to participate in the activities in which BMAA provides and sponsors.
b. The participant(s) is/are not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my/our ability to safely participate in activities.
c. The participant(s) has/have not been advised against activities by a health professional.
d. It is the sole responsibility of the undersigned to determine whether the participant(s) is/are sufficiently fit and healthy enough to participate in activities.
e. The participant(s) will know and abide by the rules established by BMAA, which may change from time to time without prior notice to the participant(s) or the undersigned. f. It is the sole responsibility of the undersigned to ensure compliance with BMAA rules, policies, and instructions.
- The undersigned COVENANTS NOT TO SUE BMAA and RELEASE, WAIVE, AND DISCHARGE, BMAA including, but not limited to, BMAA’s suppliers, designers, installers, manufacturers of any equipment, safety gear, or such other material and equipment in BMAA facility, BMAA’s owners, managers, promoters, lessees of premises used to conduct martial arts events or programs, premises and event inspectors, underwriters, consultants and others who give recommendations, directions or instructions to engage in risk evaluation or loss control activities regarding the martial arts facility or events held at such facility and each of them, their directors, officers, agents, employees, referred herein as “Releasees,” from all liability to the undersigned, my/our personal representatives, assigns, executors, heirs and next of kin for any and all claims, demands, losses or damages, and any claims or demands as a result of any injury, including but not limited to, the death of the participant or damage to property, arising out of or relating to the circumstance(s) alleged to be caused in whole or in part by the negligence of the Releasee(s) or otherwise.
- RELEASE OF LIABILITY: The undersigned, on behalf of myself, my spouse, and/or my minor child(ren)/ward(s), hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge and agree not to sue BMAA and the Releasees referred to herein for any and all claims which allege negligent acts ordinary or otherwise and/or omissions committed by BMAA and/or the Releasees referred to herein.
- INDEMNIFICATION: The undersigned agrees to reimburse, indemnify, and hold harmless BMAA and the Releasees identified herein from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by BMAA and any and all Releasees as a result of any claims asserted by the undersigned, the spouse of the undersigned, and/or child(ren)/ward(s) of the undersigned against BMAA and any Releasee, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments that BMAA and/or its Releasees incur(s) as the result of such claims, whether caused by the negligence of BMAA or any Releasee.
- ATTORNEYS’ FEES: I promise to indemnify BMAA for any attorneys’ fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of BMAA, pre-judgment and post-judgment interest shall accrue thereon at a rate of 18% per annum.
- PHOTO RELEASE: By entering BMAA and participating in its activities/events, I hereby grant BMAA the irrevocable right and permission to photograph and/or record the undersigned or minor participant on whose behalf the undersigned enters this agreement in connection with BMAA activities/events and to use such photograph(s) and/or recording(s) for any and all purposes, including, but not limited to, advertising and promotional purposes, in any manner and in all media now in use or hereafter made available, in perpetuity, throughout the world, without restriction as to alteration. The undersigned waives any and all rights to inspect or approve the use of photograph(s) and/or recording(s). The undersigned agrees that BMAA will not compensate anyone for use of any photographs or recordings unless mutually agreed in writing.
- The undersigned expressly agrees that he/she is executing a legally binding document, which is intended to be as broad and inclusive as is permitted by law and that if any portion is held invalid, the remainder shall continue in full legal force and effect. This agreement is unconditional and continuing.
- In the event a lawsuit is filed against BMAA, the undersigned agrees that the sole and exclusive venue for any and all legal and/or equitable claims between BMAA and the undersigned shall be Madison County, Alabama. I further agree that the substantive law of Alabama shall apply without regard to any conflict of law rules.
- The undersigned must be 19 years old or older to legally sign on behalf of him/herself. The undersigned must be the Parent and/or Legal Guardian to legally sign for a minor (under age 19).
- The undersigned warrants that this Release, Waiver, and Indemnity Agreement has been read and understood prior to affixing his/her signature.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT. I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WTHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Dated: October 16, 2019