In consideration of participation in classes, events and/or activities of MARTIALQUEST, LLC and SPRINGS JIU JITSU, and intending to be legally bound, {name} - Full name (“Student”) agrees as follows:
- General Release and Waiver. Student, for and in consideration of the mutual promises contained in this Release, hereby remises, releases and forever discharges MARTIALQUEST LLC and SPRINGS JIU JITSU, its successors, administrators, assigns, heirs, executors, attorneys, insurers, employees, and agents, and, by these presents, does, for his/her successors, administrators, assigns, heirs, executors, and agents, remise, altogether release and forever discharge MARTIALQUEST LLC and SPRINGS JIU JITSU, of and from any and all past, present or future claims, demands, obligations, actions, causes of action, rights, damages, costs, fees, including attorneys’ fees, expenses and compensation of any nature whatsoever, whether based on a tort, contract or any other theory of recovery, and whether for compensatory, statutory, or punitive damages, which Student now has, or which may hereafter accrue or otherwise be acquired, on account of, or in any way growing out of or in any way related to the martial arts training and development, and/or the business relationship between and among the parties, including, without limitation, any and all known or unknown, foreseen or unforeseen, matured or unmatured claims and the consequences thereof.
- Assumption of the Risk. The student is aware that martial arts and martial arts training generally and participating in activities specifically involve many risks, dangers, and hazards including, but not limited to, physical injuries resulting from the training activities, which may include, but not be limited to, death or serious personal injury, being struck or injured by instructors and/or other students, overexertion, falling, tripping, and exceeding one's abilities. The student is also aware that the risks, dangers, and hazards mentioned above exist throughout the Student’s premises and that many hazards are or may be unmarked.
a. Acknowledging the foregoing risks, STUDENT FREELY ACCEPTS AND FULLY ASSUMES ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
b. Student acknowledges that to the best of his/her knowledge, s/he is in good physical condition and health and can fully participate in the training and activities offered by MARTIALQUEST LLC and SPRINGS JIU JITSU.
c. Student certifies that s/he is at least 18 years of age. If the Student is under 18, the Student’s parent/guardian shall execute this Release of Liability and Waiver and assume the responsibilities and obligations hereunder.
- Student hereby agrees to indemnify and hold harmless MARTIALQUEST LLC and SPRINGS JIU JITSU, its employees, agents, servants, principals, officers, attorneys, successors, assigns, insurers, partners, affiliates, subsidiaries, parent entities, Russ & Tammy Carter, and related entities (collectively hereinafter “Indemnified Parties”) from and against, and to reimburse the Indemnified Parties with respect to, any and all claims, demands, actions, causes of action, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and other costs and expenses incident to any claim, suit, action or proceeding) arising out of or resulting from Student’s participation in any martial arts training or activities, whether performed at MARTIALQUEST LLC or SPRINGS JIU JITSU’s business location or elsewhere, including, but not limited to, participation as a student, participant, trainee, trainer, observer, or volunteer, whether or not occurring on the premises of the Indemnified Parties, or from any goods or services provided by the Indemnified Parties. This provision shall be broadly construed to include the acts or omissions of Student and/or Student’s minor children, including, but not limited to, acts of Student’s and/or Student’s minor children’s negligence and acts or omissions of the Indemnified Parties, including, but not limited to, acts of the Indemnified Parties’ negligence.
This Release of Liability and Waiver must be signed by the Student or the parent/guardian of the Student if the Student is less than 18 years of age. The Student agrees that s/he has read, understands, and agrees to the Release of Liability and Waiver and all its terms and conditions and intends to be legally bound.