PARTICIPATION AGREEMENT, RELEASE, INDEMNITY AGREEMENT AND ASSUMPTION OF RISK/WAIVER: Student understands that the practice of Martial Arts and/or the activity Student is about to voluntarily engage in as a participant bears certain known and unanticipated risks which could result in injury, death, illness or disease, to Student or to spectator or other third parties. Student further understands that during the course of Martial Arts instruction, physical contact between students, instructor’s other persons, and inanimate objects will occur and while reasonable precautions to avoid injury are taken- INJURIES DO OCCUR – injuries like, but not limited to, bruising, sprains, damaged/dislocated/broken joints, bones, spine, ranging from minor to permanent/irreparable injury, to death. Student may be exposed to human body fluids, including but not limited to blood, therefore, there may be a substantial risk of exposure to communicate diseases including but not limited to hepatitis, HIV, and AIDS. Additionally, physical contact may be in areas commonly deemed private, intimate, inappropriate, embarrassing or sexual. Student understands that Company’s Martial Art instruction is based principally on theory, that neither the owners, nor the instructors have practical “street fighting” experience and that actual “street fight” situations have unique variables that are unforeseeable which may make the training ineffective. Student (on behalf of students, student’s heirs, assigns, personal representative and estate), in consideration of the services rendered by the Company or its agents, herby indemnifies, release and discharges the Company (including its affiliates, employees, agents, representatives, successors, officers, directors and assigns) from any liability for injuries, loss, disease, or embarrassment associated with his/her Martial Arts instruction including injuries to or complaints from third parties caused by Student, and for lost, damaged, or stolen articles. Student bears full responsibility for ALL of these risks and herby holds the Company and its agents and employees harmless and waives any right for loss, claims for injury, disease, sexual harassment, demands, obligations, actions, rights, damages, costs, losses or services and expenses in compensation of any nature whatsoever, whether based upon a text, contract, or other theory of recover, now known or unknown, because of the Students association with the company. Student releases the Company from any claim that the Company is or may be negligent in connection with Student’s Martial Arts experience, training or ability, including but not limited to, training or instruction in Martial Arts and maintenance of all the Company facilities, If the Student is a minor, we/I the parent or guardian hereby give permission for the student to be driven to events and functions by Company personnel and/or other persons who have agreed to drive to such events or functions and this release shall also apply to all injuries or claims arising out of or related to such activities. STUDENT HAS READ “DESCRIPTION OF SERVICES, CIRRICULUM, TUITION & FEES AND HOURS OF OPERATION” APPEARING ON THIS AGREEMENT AND THE COMPANY’S RULES FOR SAFE TRAINING. STUDENT HAS READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, FULLY UNDERSTANDS ITS TERMS, UNDERSTANDS THAT STUDENT HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGNS AND AGREES TO IT FREELY AND VOLUNTARILY WITH OUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO THE STUDENT. STUDENTS SIGNATURE BELOW IS A COMPLETE AND UNCONDITIONAL RELEASE OF COMPANY FROM ALL LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW. MEDICAL RELEASE: In the event of an apparent need for medical attention, student (or parent or guardian of student) herby authorizes transportation to a medical facility and provision of medical treatment and procedures on the student deemed necessary or advisable by such personnel and agrees to bear the expense of any such transportation, treatment, or procedure and to hold the company harmless from any responsibility for the same. DESCRIPTION OF SERVICES, CURRICULUM, TUITION & FEES, HOURS OF OPERATION: Student acknowledges that the Company offers far more services than just instruction, training, and assistance in physical fitness, body building, exercising, or other such physical skills. In addition to the physical martial arts training, the Company teaches and develops leadership skills, character and attitudinal qualities such as confidence, discipline, respect, modesty, courtesy, integrity, perseverance, and courage. The Company further teaches children awareness skills. Lessons are not conducted on Sundays or National Holidays. The Company reserves the right to close for tournaments, testing, seminars, or other reasons determined by the Company, within a one-week notice posted notice. The Company further reserves the right to change its class times, schedules, length of classes, type or quantity of classes without prior notice to the Student. Makeup lessons will be made available, under provision that it is the sole responsibility of the Student to make up missed lessons. The Company does not guarantee belt rank promotions. The Student agrees that the value is substantially higher per lesson and a substantial discount has been provided to Student by virtue of enrolling in a regular course. Attendance of 2 lessons per week is recommended. It is student’s responsibility to attend lessons. The Company generally operates between the hours of 9am to 9pm, Mondays- Saturdays and sometimes Sundays; but, class times appropriate to you as a Student will vary depending on your age and rank. Student is obligated under his/her agreement with the Company to make payments to the Company whether or not the student attends class. Payments do not include association dues, optional clinics, seminars, events, a black belt testing fee, protective gear, etc. which may be offered for an additional charge. DISMISSAL: Student agrees that the Company has the right to dismiss any student at any time for misconduct or actions which the Company deems inconsistent with its philosophy or practices, or if a student has a contagious disease. Upon dismissal the Company will issue a prorated refund based upon the terms under Cancellation or Withdrawal. PROTECTIVE EQUIPMENT: Student will observe all of the rules and regulations relative to training, including the use of protective equipment and clothing generally accepted by the Martial Arts industry. This equipment and clothing may help to minimize the possibility of accident or injury. The Company does not warrant the adequacy or suitability of the clothing or protective equipment, regardless of whether any such clothing or protective equipment was purchased form the Company. Student understands that the practice of Martial Arts involves physical contact and potential bodily injury even with the use of protective equipment. All safety equipment and clothing must be clean and properly maintained or replaced if torn or inadequately functional. SPARRING RULES: All sparring must be supervised by or at the direction of a Company instructor. By participating in sparring students accept the risk of sparring related injuries. LEGAL FEES: In the event of a lawsuit each party shall be responsible for their own attorney’s fees and 50% of court costs. If any provision is found to be unenforceable, the rest of this agreement will remain valid and enforceable. This agreement replaces all pre-existing agreements between the Student and the Company and may be modified only in writing and signed by both parties. February 23, 2025 |
