Waiver

 

Waiver of Liability, Release, Assumption of Risk & Indemnity Agreement

Terms of reference:

- Waiver of all claims, release from all liability, assumption of all risks agreement is referred to within this Agreement as: (the “Agreement” / this “Agreement”).

- Me, myself, I, the undersigned Student is referred to within this Agreement as: (the “Student”).

- CombatFIT Martial Arts, its directors, officers, lawyers, employees, volunteers, business operators, agents and site property owners or lessees is referred to within this Agreement as: (the "Organization").

- Participation in training, use of facilities, programs, services, events, seminars, classes, CombatFIT combatives training is referred to within this Agreement as: (“Martial Arts Activities”).
 

The Agreement:

In consideration of being allowed to participate in any way in Martial Arts Activities with CombatFIT Martial Arts (the Organization), I, Initial Each Item Below after Reading and Understanding Each Item:

1.                     "Martial Arts Activities" includes but is not limited to contact and non-contact martial arts activities, lessons, classes,  training, seminars, use of facilities, programs and services provided to the Student by the Organization.

2.                     I am aware that there are inherent and significant dangers, hazards and risks ("Risks”) associated with the participation in Martial Arts Activities. I am aware that the Risks include but are not limited to injury from physical contact with other students, instructors or equipment, performing skills and/or techniques incorrectly, or potentially dangerous obstacles, weather conditions on property or fitness equipment and training weapons on the floor or vicinity of the Martial Arts Activities. I understand that the Risks are relative to my state of fitness or health (physical, mental and emotional), and to the awareness, care and skill with which I, or other student conducts him or herself while participating in Martial Arts Activities.

3.                     I freely accept and fully assume all responsibility for all Risks and possibilities of personal injury, death, property damage or loss resulting from my participation in  Martial Arts Activities. I freely assume responsibility for my own safety. I agree and fully understand that although the Organization has taken all necessary steps to reduce the Risks and increase the safety of the Martial Arts Activities, it is not possible for the Organization to make the Martial Arts Activities completely safe. I accept these Risks and agree to the terms of this waiver even if the Organization is found to be negligent or in breach of any duty of care or any obligation to me in my participation in Martial Arts Activities.

4.                     I acknowledge my obligation to inform the nearest instructor, employee and/or volunteer of the Organization if I feel any pain, discomfort, fatigue or any other  symptoms I may suffer during or immediately after my participation in Martial Arts Activities. I understand that I may stop participating at any time, and have the right to immediately withdraw from any exercise or drill in which the conduct of any party seems beyond the scope of training, makes me uncomfortable or which I believe will be harmful to me.

5.                     I confirm that I have reached the legal age of majority in the Province or Territory in which I am participating in Martial Arts Activities. If I am under the legal age of majority the Province or Territory in which I am participating in Martial Arts Activities, my parents, legal guardians or custodians have provided written consent and the Organization has approved in my participation in Martial Arts.

6.                     I agree that this waiver and all terms contained within are governed by the laws of the Province or Territory in which I am participating in Martial Arts Activities. I hereby irrevocably submit to the jurisdiction of the courts of that Province or Territory.

7.                     I agree that the monthly membership fees for participating in Martial Arts Activities for the upcoming month are to be paid between the 25th and the 28th of the current month without exception and that if by the 28th of the current month I have not yet made payment or contacted the Organization, the Organization will send either a text message, email or phone call reminder, and as such, it is my responsibility to make the payment on time by the 28th of the current month at the latest, without exception, for membership fees due for the upcoming month. Furthermore, I also agree that if by the 30th of the current month, the membership has not been paid without a valid explanation or attempt to contact the Organization, the Organization reserves the right to cancel my membership and expel me from its property, Organization and any upcoming event to the Organization and its Martial Arts Activities. If at any point during my tenure as a student and member of the Organization I choose to no longer agree with the policies/clauses as prescribed herein the entirety of this Agreement such decision of mine will result in me forfeiting my tenure and membership and I agree to be liable for and to hold harmless and indemnify the Organization from all actions, proceedings, claims, damages, costs demands including court costs and costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with me disputing this clause or any clause within this Agreement. I agree that if I choose to resign my tenure and membership from the Organization, I will not be allowed to return until January of the following calendar year.

8.                     I agree that the monthly fees for participating in Martial Arts Activities are to be paid as prescribed in section 9 of this Agreement in order to be able to participate in Martial Arts Activities and also to retain my tenure as a student and member of the Organization even if I, the student, am unable to attend the Martial Arts Activities provided by the Organization for an indefinite period of time due to personal, financial and/or work related reasons. I agree to be liable for and to hold harmless and indemnify the Organization from all actions, proceedings, claims, damages, costs demands including court costs and costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with me disputing this clause or any other clause of this Agreement.

9.                     I agree and understand that the Organization has a no-refund policy that is applicable to membership fees, uniforms, equipment, Martial Arts Activities events, missed classes by the student, classes cancelled by the instructor due to unforeseen events, weather related, personal, urgent circumstances students expelled for unethical behaviour or any buyer’s remorse expressed by the student or potential student either before joining or after having joined the Organization.

10.                   In addition to consideration given to the Organization for my participation in Martial Arts Activities, I and my heirs, successors, next of kin, executors, administrators, constituents and assigns (my "Legal Representatives") agree:

(a)                   to waive all claims that I or my Legal Representatives have or may have in the future against the Organization;

(b)                   I agree to be liable for and to hold harmless and indemnify the Organization from all actions, proceedings, claims, damages, costs demands including court costs and costs on a lawyer/solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my participation in Martial Arts Activities;

(c)                   to release and forever discharge the Organization from all liability and responsibility for all personal injury, death, property damage or loss resulting from my participation in Martial Arts Activities within hours or outside hours of Martial Arts Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), reckless and malicious use of skills learned in my participation in Martial Arts Activities, breach of any duty imposed by law, breach of contract or mistake or error in judgment of the Organization or myself, the student;

(d)                   to release and forever discharge the property owners, the property managers and the shareholders of the property where the Martial Arts Activities are taught, attended and rehearsed, from all liability and responsibility for all personal injury, death, property damage or loss resulting from my participation in Martial Arts Activities within hours or outside hours of Martial Arts Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), reckless and malicious use of skills learned in my participation in Martial Arts Activities, breach of any duty imposed by law, breach of contract or mistake or error in judgment of the Organization, the property owners, the property managers and the shareholders of the property and location where the Martial Arts Activities are taught, attended and rehearsed;

(e)                   I agree and fully understand that the skills and material taught by the Organization is not intended for sport environments, competitive environments, sporting events, championships, martial sport competitions, martial arts competitions, sparring for sport and/or competitive purposes. Furthermore, I agree to release and forever discharge the Organization from all liability for all personal injury, death, property damage or loss resulting from my participation in Martial Arts Activities due to any participation in sport environments, competitive environments, sporting events, championships, martial sport competitions, martial arts competitions, sparring for sport and/or competitive purposes, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), reckless and malicious use of skills learned in my participation in Martial Arts Activities, breach of any duty imposed by law, breach of contract or mistake or error in judgment of the Organization.

11.                   I confirm that I have had sufficient time to read and understand each term in this waiver in its entirety, and have agreed to the terms freely and voluntarily. I understand that this waiver is binding on myself, my heirs, successors, next of kin, executors, administrators and assigns (my "Legal Representatives") and I hereby agree to sign it voluntarily.

 

 
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