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:
- 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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.