Baer Swords School of Western Martial Arts (Baer Swords, LLC)/ SwordStrong KC/SpearStrong KC Release and Waiver of Liability and Indemnity Agreement (Read Carefully Before Signing)

·In consideration of being permitted to participate in any way in the Martial Arts Program indicated below and/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 adult participant named below agrees, or the parent(s) and/or legal guardian(s) of the minor participant named below agree:

  1. The parent(s) and/or legal guardian(s) will
    instruct the minor participant that prior to participating in the below martial
    arts activity or event, they should inspect the facilities and equipment to be
    used, and if they believes anything is unsafe, the participant should
    immediately advise the officials of such condition and refuse to participate. I
    understand and agree that, if at any time, I feel anything to be UNSAFE, I will
    immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE
    further.
  2. I/WE fully understand and acknowledge 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 named below. (d) There may be
    other risks not known to us or are not reasonably foreseeable at his time.
  3. I/WE accept and assume such 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 of the Releasees named below.
  4. I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT
    NOT TO SUE the martial arts facility used by the participant, including its
    owners, managers, promoters, lessees of premises used to conduct the martial
    arts event or program, 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, all for the purposes herein referred to as “Releasee”...FROM
    ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns,
    executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR
    DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING
    BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING
    OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR
    IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.
  5. I/WE HEREBY acknowledge that THE ACTIVITIES OF THE
    EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death
    and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges
    that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE
    OPERATIONS OR PROCEDURES OF THE RELEASEES.
  6. I/WE give full permission, in perpetuity, for
    media, including but not limited to audio, photographs, tournament entries
    & results, and video, to be taken of me during martial arts program events,
    and to be used in promotion of the program. I/WE understand that there will be
    no compensation for such use, and I/WE release all claims to any and all
    damages resulting from such use. I/WE also understand that tournament
    participation and results will be a matter of public record.
  7. EACH OF THE UNDERSIGNED further expressly agrees
    that the foregoing release, waiver, and indemnity agreement is intended to be
    as broad and inclusive as is permitted by the law of the Province or State in
    which the event is conducted and that if any portion is held invalid, it is
    agreed that the balance shall, notwithstanding continue in full legal force and
    effect.
  8. On behalf of the participant and individually, the
    undersigned partner(s) and/or legal guardian(s) for the minor participant
    executes this Waiver and Release. If, despite this release, the participant
    makes a claim against any of the Releasees, the parent(s) and/or legal
    guardian(s) will reimburse the Releasee for any money which they have paid to
    the participant, or on his behalf, and hold them harmless.
  9. I expressly waive, release and discharge
    SwordStrong KC, Baer Swords, LLC, Baer Swords School of Western Martial Arts, SpearStrong
    KC, and any affiliates, officers, employees, representatives, agents,
    contractors, or volunteers of the above (the “Released Parties”) from any and
    all claims for damages or injuries that I or the participant may sustain as the
    result of participation in SwordStrong KC, SpearStrong KC, Baer Swords, LLC,
    and/or Baer Swords School of Western Martial Arts activities. I assume all risk
    for participation in SwordStrong KC, SpearStrong KC, Baer Swords, LLC, and/or
    Baer Swords School of Western Martial Arts activities, and understand that the
    Released Parties are not responsible for determining a participant’s fitness to
    participate.
  10. I understand that the Released Parties have made
    no representations as to the results of participation in SwordStrong KC, SpearStrong
    KC, Baer Swords, LLC, and/or Baer Swords School of Western Martial Arts
    activities. I understand further that no representations are being made to me
    as to the professional qualifications, standards, equipment, or safety
    associated with participation in SwordStrong KC, SpearStrong KC, Baer Swords,
    LLC, and/or Baer Swords School of Western Martial Arts activities.
  11. The responsibility for the assessment of all risks
    associated with SwordStrong KC, SpearStrong KC, Baer Swords, LLC, and/or Baer
    Swords School of Western Martial Arts activities is mine alone, and any damages
    of any type due to the failures or negligence of others I also accept as my
    responsibility alone. I assume all attendant risks regardless of my ability to
    foresee and/or evaluate those risks. The responsibility to be aware of whether
    a particular activity is an official activity of SwordStrong KC, SpearStrong
    KC, Baer Swords, LLC, and/or Baer Swords School of Western Martial Arts is also
    mine alone. I am aware that this information is available to me online and I
    know where to retrieve this information. The responsibility to understand the
    effects and limits of any insurance policies associated with participation in
    SwordStrong KC, SpearStrong KC, Baer Swords, LLC, and/or Baer Swords School of
    Western Martial Arts activities is also mine alone. I am aware that this
    information is available to me online and I know where to retrieve this
    information.
  12. I understand that the accident coverage portion of
    the SwordStrong KC, SpearStrong KC, Baer Swords, LLC, and/or Baer Swords School
    of Western Martial Arts insurance policy is secondary to my personal health
    insurance and I understand what that means. I understand that the SwordStrong
    KC, SpearStrong KC, Baer Swords, LLC, and/or Baer Swords School of Western
    Martial Arts accident coverage is also contingent upon my possession of primary
    coverage through a health insurance policy of my own, and that SwordStrong KC, SpearStrong
    KC, Baer Swords, LLC, and/or Baer Swords School of Western Martial Arts will
    not submit a claim if I do not have primary coverage. I understand that I am
    responsible for any deductible payments associated with SwordStrong KC, SpearStrong
    KC, Baer Swords, LLC, and/or Baer Swords School of Western Martial Arts
    insurance if a claim is submitted for me. I further understand that the
    submission of any insurance claim is at the sole discretion of SwordStrong KC,
    SpearStrong KC, and Baer Swords, LLC/Baer Swords School of Western Martial
    Arts.
  13. I understand that the liability coverage portion
    of the SwordStrong KC, SpearStrong KC, Baer Swords, LLC, and/or Baer Swords
    School of Western Martial Arts insurance policy only covers those who are
    categorized as SwordStrong KC, SpearStrong KC, Baer Swords, LLC, and/or Baer
    Swords School of Western Martial Arts Staff. It is my responsibility to know
    whether I fall into this category. I am aware that this information is kept by
    the owners of SwordStrong KC/ SpearStrong KC/ Baer Swords, LLC/ Baer Swords
    School of Western Martial Arts and I know how to contact them.
  14. I agree that this waiver and release is intended
    to be as broad and inclusive as is permitted by the law of the Province or
    State in which the activities are conducted and that if any portion is held
    invalid, it is agreed that the balance shall, notwithstanding continue in full
    legal force and effect.
  15. I understand that while instructors may announce a
    requirement of certain protective gear for certain activities, the student
    always has the option and responsibility to add protective gear that the
    student considers necessary or desirable.


Martial Arts Program: SwordStrong KC, SpearStrong KC, Baer Swords, LLC/ Baer Swords School of Western Martial Arts
BY SIGNING YOU ACKNOWLEDGE THAT YOU HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO YOU AND INTEND YOUR SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.