RELEASE AND WAIVER OF LIABILITY
In consideration of being permitted to participate in the activities conducted by SOUTH KC SHOTOKAN LLC, I agree as follows on behalf of myself, my personal representatives, heirs, beneficiaries and assigns.
I ACKNOWLEDGE AND AGREE that my participation with SOUTH KC SHOTOKAN LLC is for the purpose of practicing, training, demonstrating, and/or participating in any form or format of Martial Arts (martial arts includes; but is not limited to Shotokan Karate, Grappling, Qigong and Fitness Exercises); the practice of Martial Arts is physically strenuous, dynamic, and challenging practice of self defense which includes, but is not limited to, punching, kicking, striking, throwing, and grappling, both individually and with partners. I further understand that such activity includes inherent dangers including serious bodily injury, permanent disability, disease (such as but not limited to bacterial, viral, or fungal infection or other communicable illnesses and / or related disorders), paralysis or death which may be caused from my actions or inactions, the actions or inactions of others or the conditions of the facility in which the activity is conducted; I understand there may be other risks or other social or economic losses either not known to me or readily foreseeable at this time; and I FULLY ACCEPT ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of my participation in the activity. I have consulted with my physician prior to engaging in the practice of Martial Arts and Fitness activities with SOUTH KC SHOTOKAN LLC and I am qualified, in good health and of proper physical condition to participate in such activity. I am responsible for monitoring my own activity level and maintaining awareness of my own physical limitations. I further agree that I will immediately discontinue participation in any activity which I perceive to be unsafe for any reason.
I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE AND AGREE TO HOLD HARMLESS AND INDEMNIFY SOUTH KC SHOTOKAN LLC, its administrators, members, directors, agents, officers, volunteers, employees and other participants, owners and lessors of the premises on which the activity takes place and / or any other premises or location used or so defined by SOUTH KC SHOTOKAN LLC (each considered a "Releasee") from all liability, claims, demands, losses or damages on account caused or alleged in whole or in part by any negligence or lack of adequate training of any person(s) who seek to assist with medical or other help, the application of learned skills in real world situations, error, act or omission of the Releasees in connection with the activities described above, whether or not caused in whole or in part by the negligence of any Releasee, including rescue operations, and further agree that if, despite this release, I or anyone on my behalf makes a claim against any Releasee, I will indemnify, save and hold harmless each of the Releasees from any litigation expenses, attorneys fees, loss liability, damage or cost as may occur as the result of such
I agree to abide by all rules and regulations of SOUTH KC SHOTOKAN LLC and its Owners and Staff, and to exercise caution and restraint when practicing Martial Arts individually and with other students. I agree to immediately report any unsafe conditions that come to my attention, including but not limited to the floor or any equipment. Any intentional act to injure another participant is expressly prohibited. SOUTH KC SHOTOKAN LLC reserves the right to dismiss any participant at any time for any reason.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY; I INTEND IT TO BE A COMPLETE RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE SHALL CONTINUE IN FULL FORCE AND EFFECT.
PAYMENT AND IMAGE RELEASE
I, the undersigned, agree to pay the above amount on time according to the Formal Agreement. I, the undersigned, agree and understand that my membership may be canceled at any time by SOUTH KC SHOTOKAN LLC.
I, the undersigned, grant permission for my/our name(s), photographic image, and/or quotations to be published in print (including, but not limited to newsletters, brochures, newspapers, etc.), on the internet, shown on television, or used in videos, in conjunction with SOUTH KC SHOTOKAN LLC events, DVD sales, promotional material, and/or other marketing media.
I AM THE MINOR'S PARENT AND/OR LEGAL GUARDIAN AND HAVE THE AUTHORITY TO EXECUTE THIS WAIVER AND RELEASE OF LIABILITY ON HIS/HER BEHALF. I UNDERSTAND THE NATURE OF MARTIAL ARTS AND ITS PRACTICE AS DESCRIBED ABOVE AND THE MINOR'S EXPERIENCE AND CAPABILITIES; I have consulted with the MINOR’s physician prior to engaging in the practice of Martial Arts with SOUTH KC SHOTOKAN LLC and certify that he/she is qualified, in good health and of proper physical condition, mental, and emotional health to participate in such activity. I am responsible for monitoring the MINOR’s activity level and maintaining awareness of their physical limitations. I further agree that I will immediately discontinue the MINOR’S participation in any activity which I perceive to be unsafe for any reason.
I understand that all participants under the age of eighteen (18) must be accompanied be a parent or guardian unless otherwise arranged through signed agreement and I hereby adopt and fully incorporate the entirety of the above WAIVER OF LIABILITY AND RELEASE, ASSUMPTION OF RISK on the minor's account and behalf, releasing all Releasees in the manner and upon the terms described above on behalf of the minor, his/her parents/guardians, personal representatives, heirs, beneficiaries and assigns.