Kaizen Martial Arts Acknowledgement and Release WAIVER & ACKNOWLEDGEMENT AND RELEASE In signing this document you are waiving the right to bring a court action to recover compensation or obtain any other remedy for; personal injuries, damage to property, loss of property, accident of any kind, medical illness or death, arising out of your use of Kaizen Martial Arts Inc. here-after referred to as Kaizen Martial Arts. This includes Kaizen Martial Art’s: facilities, plaza parking lot, equipment, your participation in classes, or activities sponsored by Kaizen Martial Arts (including but not limited to tournaments, boot camps, seminars, clinics, workshops, martial arts classes, online classes, special events, plaza parking lot workouts, city parks ), whether supervised or unsupervised. You must be 18 years of age or older to sign this Acknowledgement and Release, otherwise a parent or guardian must sign on your behalf. ACKNOWLEDGEMENT AND RELEASE Kaizen Martial Arts operates facilities ("Gym"), and equipment located at 284 Orenda Rd, Unit 10A, Brampton, Ontario, Canada. and may provide classes or activities whether supervised or unsupervised by Kaizen Martial Art’s employees or agents (collectively the "Gym Activities"). AND WHEREAS an essential condition for Kaizen Martial Arts permitting me to use its facilities and/or participate in Gym Activities, I have agreed to give this Acknowledgement and Release. NOW THEREFORE, IN CONSIDERATION of Kaizen Martial Arts permitting me to use the Gym and participate in Gym Activities, I, for myself, my personal representatives, assigns, and heirs: (1) ACKNOWLEDGE, agree and represent that I understand the nature of the Gym and Gym Activities that I am in good health and in proper physical condition to use the Gym and participate in Gym Activities. (2) I fully understand that; A). The Gym and Gym Activities may involve serious risks and dangers of serious bodily injury, including permanent disability, paralysis, and death (the "risks"). B). These risks may be caused by my own action, the actions or inactions of others using the Gym or participating in the Gym Activities, the condition of the Gym or the condition in which the Gym Activities take place, or the negligence of the releases listed below and the following page. C). There may be other special or unusual risks associated with the Gym or Gym Activities, including social or economic losses, either known to me or not readily foreseeable at this time: AND I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ALL LOSSES, COSTS, AND DAMAGES I MAY INCURE AS A RESULT OF MY USE OF THE GYM OR MY PARTICIPATION IN THE GYM ACTIVITIES BOTH NOW AND IN THE FUTURE. (3) AGREE AND WARRANT that I will examine and inspect all gym equipment and each Gym Activity in which I take part and that, if l observe any condition which I consider to be hazardous or dangerous, I will notify the proper authority in charge of the Gym or Gym Activities, as the context requires, and will refuse to use such equipment or take part in such Gym Activities until the condition has been corrected to my satisfaction. (4) HEREBY RELEASE, discharge and covenant not to sue Kaizen Martial Arts, its officers, directors, shareholders, employees, volunteers, instructors, participants in Gym Activities, users of the Gym, assigns, owners and lessors of the facility where the Gym is located, all designers, manufacturers and installers of equipment and other fixtures located at the Gym's facilities (collectively referred to as the "releases") from all liability, claims, causes of action, demands, losses or damages on my account caused, or alleged to have been caused, by in whole or in part by my use of the Gym, my participation in Gym Activities or the negligence of the releases or otherwise, I further agree that if despite executing this acknowledgement and release I or anyone on my behalf, makes a claim against any of the releases, whether directly or indirectly, I will indemnify, save and hold harmless each of the releases from any litigation expense, solicitor fee, loss, liability, damage or cost which may be incurred as a result of such claim. (5) CHOICE OF LAW AND ATTORNMENT- This acknowledgement and release shall be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable within. I agree that the courts of the province of Ontario will have exclusive jurisdiction to determine all disputes and claims arising between the parties. (6) SUCCESSORS AND ASSIGNS- This acknowledgement and release shall be binding upon myself, my personal representatives, assigns, and heirs and shall endure the benefit of Kaizen Martial Arts and its respective heirs, executors, administrators, directors, successors, assigns and legal representatives. (7) I understand and agree that as a club member or visitor I may be photographed, videotaped, contacted by email or other means, or have my likeness recorded by other means and used for commercial purposes including but not limited to marketing, instructional products, and internet applications. I have read this acknowledgement and release fully understand its terms and understand that I have given up substantial rights by signing it, and have signed it freely and without any inducement or assistance of any nature and intend it to be irrevocable and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this acknowledgement and release is held to be invalid, the balance of the acknowledgement and release shall continue in full force and effect. Kaizen Martial Arts Online Aknowlegement and Release Waiver In General Kaizen Martial Arts does not own or operate the online platforms, websites and apps (hereby referred to as “online platforms”) used for online training. This document governs your relationship with Kaizen Martial Arts only. Access to and use of the services available through online platforms used by Kaizen Marital Arts are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. Access to the online platforms used by Kaizen Martial Arts is permitted on a temporary basis, and we reserve the right to withdraw or amend the services without notice. We will not be liable if for any reason the online platforms we make use of are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the online platforms we use.
The online platforms we use may contain links to other websites (the “Linked Sites”), which are not operated by Kaizen Martial Arts. Kaizen Martial Arts has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site. Prohibitions:
You must not misuse these online platforms that are used by Kaizen Martial Arts. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through these online platforms. Breaching this provision may constitute a criminal offense and Kaizen Martial Arts will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of these online platforms or to your downloading of any material posted on it, or on any website linked to it. Intellectual Property and Content The intellectual property rights in all software and content (including photographic images) made available to you on or through these online platforms remains the property of Kaizen Martial Arts or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Kaizen Martial Arts and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on these online platforms nor may you use any such content in connection with any business or commercial enterprise unless given direct permission from a Kaizen Martial Arts Director. Disclaimer of Liability The material displayed on these online platforms is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Kaizen Martial Arts and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of these online platforms the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Kaizen Martial Arts’ liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. Indemnity You agree to indemnify, defend and hold harmless Kaizen Martial Arts, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of online platforms used or your breach of the Terms of Service. Variation Kaizen Martial Arts shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of online platforms used. Invalidity If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law. Complaints We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Waiver If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. *The Membership Service and Release of Liability Agreement (the “Agreement”) is between Kaizen Martial Arts and you, the Client (Individually, if you are the Client, and/or as agents or guardian of the Client). It is agreed by between Kaizen Martial Arts and the Client that the Client is purchasing or participating in, for the benefit of the Client, an online martial arts, fitness or coaching membership, from Kaizen Martial Arts according to the terms on this Service Agreement. WAIVER AND RELEASE
I hereby enter into the following agreement with Kaizen Martial Arts (principal place of business in Brampton, Ontario, Canada), as well as its members, officers, employees, agents, and representatives (individually and collectively, “Kaizen Martial Arts”), as a condition of receiving and using Kaizen Martial Arts’ online fitness, martial arts and performance programming services. 1. I acknowledge and fully understand that Kaizen Martial Arts will endeavor to provide the most effective principles to help achieve my fitness, martial arts, performance, and personal goals, but that Kaizen Martial Arts cannot guarantee that any services, products, programs, methods, workouts, recommendations, or routines will be safe, effective or suitable for everyone. All such products and services, programs, techniques, recommendations, and materials embodied in such products and services are offered without warranties or guarantees of any kind, express or implied, including, but not limited to, warranties of safety or fitness for any particular purpose. Further, I hereby waive, release, and discharge Kaizen Martial Arts and all of their members, officers, employees, agents, and representatives from any and all liability from death, injuries or damages arising from, or in any way connected with, use of its services, products, programs, methods, workouts, recommendations, or routines, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Kaizen Martial Arts, no matter where those injuries occur. 2. I acknowledge and fully understand that any fitness or exercise activities, and the use of training and fitness equipment and machinery, involve risks of serious injury, permanent disability, or death, even if done correctly and with the utmost attention to safety. These risks include, but are not limited to, fainting; broken bones; strained or torn muscles; torn or strained ligaments, tendons, and other connective tissues; herniated discs and other spinal injuries; cardiovascular or cerebrovascular events, including heart attack or stroke; conditions related to overexertion, including heat stroke/exhaustion or rhabdomyolysis; or damage to the nervous system, including irreversible damage to the brain or spinal cord. I further acknowledge and fully understand that participation in any fitness or exercise activities could aggravate a pre-existing condition, whether known or unknown, and that there may be other risks associated with my participation in fitness or exercise activities that are not known or not reasonably foreseeable at this time. I further acknowledge and fully understand that all of the foregoing risks are especially pronounced in an online programming setting, such as that embodied by the fitness and performance programming services provided by Kaizen Martial Arts because I will necessarily be engaging in fitness or exercise activities on my own, without real-time supervision by Kaizen Martial Arts, in a facility or location over which Kaizen Martial Arts has no control. I hereby acknowledge and accept the foregoing risks and dangers. Further, I hereby waive, release, and discharge Kaizen Martial Arts from any and all liability from death, injuries or damages arising from, or in any way connected with, Kaizen Martial Arts fitness and performance programming services; Kaizen Martial Arts instruction, programming, advice or recommendations; the use of any exercises, routines, equipment or machinery, whether or not they were recommended by Kaizen Martial Arts; or my engagement in any fitness or exercise activities, including any death, injuries or damages resulting from the negligent recommendations, acts, or omissions of Kaizen Martial Arts, no matter where those injuries occur. 3. I acknowledge and understand that Kaizen Martial Arts and all of their members, officers, employees, agents, and representatives are not licensed dietitians or physicians, and do not hold themselves out to possess professional expertise in dietetics or medical matters. I acknowledge and agree that any information, guidelines, or advice provided by Kaizen Martial Arts are not intended to constitute and shall not be construed as dietetic or medical advice, as treatment for any general or particular medical or physiological condition or pathology, or as a means of improving or bettering health outcomes, and that they carry no express or implied warranty of any kind, including, but not limited to, warranties regarding safety or suitability for a particular purpose. 4. I understand that a physician’s approval is highly recommended prior to participating in any type of fitness or exercise activity, and I hereby represent that I have either obtained a signed approval from my physician, or that I acknowledge the risks inherent in such activities but have elected to engage in said activities without seeking prior approval by a physician. 5. If a court of competent jurisdiction, or any other legal authority or governmental agency, declares any provision of this agreement invalid, such invalidation shall not affect the remaining provisions of this agreement, which shall remain in full force and effect. If any sentence, clause, phrase, or term of any section of this agreement is deemed invalid, the remainder of that section shall remain in full force and effect. 6. Any suit brought under this agreement, or in relation to any programming, consultation or services provided under this agreement, shall be brought in Ontario, Canada and both parties irrevocably consent to venue and jurisdiction in that court. This agreement shall be governed by Ontario, Canada law, irrespective of any choice-of-law principles. The parties’ legal rights and obligations relating to this agreement and relating to the programming and services provided under this agreement shall be governed by Ontario, Canada law, irrespective of any choice-of-law principles. This agreement shall be deemed to have been agreed to and executed in Brampton, Ontario, Canada. 7. I hereby give permission to Kaizen Martial Arts and any of its employees, contractors, coaches, or representatives to use my name and photographic/video likeness in all forms and media for advertising, exposition displays, trade, and any other lawful purposes. 8. I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ADHERE TO ALL ITS PRECEPTS. Any questions that I may have had relating to anything in this agreement have been answered to my satisfaction. This document encompasses the entire agreement of the parties and supersedes all prior oral and written representations between the parties, if any. . Covid-19 Waiver Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and provincial health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Kaizen Martial Arts have put in place preventative measures to reduce the spread of COVID-19; however, Kaizen Martial Arts cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Kaizen Martial Arts it could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by attending Kaizen Martial Arts and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Kaizen Martial Arts may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Kaizen Martial Arts employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at Kaizen Martial Arts. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Kaizen Martial Arts employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Kaizen Martial Arts program. Entire Agreement The above constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Kaizen Martial Arts. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Kaizen Martial Arts September 10, 2024 |
