ASSUMPTION OF RISK, RELEASE OF CLAIMS, TALENT RELEASE AND INDEMNIFICATION

THIS DOCUMENT IS A RELEASE AND LIMITS YOUR RIGHT TO RECOVER DAMAGES IN CASE OF DEATH, BODILY INJURY OR PROPERTY DAMAGE.  THIS DOCUMENT ALSO ALLOWS USE OF YOUR LIKENESS AND RELATED RIGHTS.  FURTHER, THIS DOCUMENT SETS FORTH CERTAIN INDEMNIFICATION OBLIGATIONS.  READ IT CAREFULLY BEFORE SIGNING.  THIS DOCUMENT IS SOMETIMES REFERRED TO HEREINAFTER AS THE "RELEASE."

RELEASEES:  As used in this document, the term "BST Affiliates" means Beyond Sports Taekwondo (the "BST"), and any organizations, volunteers, employees, advisors, representatives and agents of BST.

“I” OR “THE UNDERSIGNED”:  As used in this document, the term "I" or “me” or the undersigned or words of similar import mean, if the Participant is an adult, the person signing this document, or, if the Participant is a minor, the undersigned parent or guardian of such Participant. 

CLASSES AND EVENTS:  As used in this document, the term "Classes and Events" means any and all activities conducted by, associated with, or under the direction of, BST in connection with martial arts training activities, including, but not limited to, martial arts instruction, practice, physical training, sparring, and related activities.

ASSUMPTION OF RISK/INSURANCE:  The undersigned acknowledges that participation in or with the Classes and Events involves many inherent risks as well as risks that may be individual in nature, including, but not limited to, the risk of serious injury, illness or death or property damage as a result of physical exertion, stress, exhaustion, sparring, stretching, physical contact among participants and teachers, and accidents involving training in and use of martial arts and many other inherent safety risks.  I further recognize and acknowledge that I am solely responsible for the safety, comfort, and well being of myself and, if applicable, any minor identified below.  In consideration of being allowed to participant in the Classes and Events, I ASSUME ALL RISKS ASSOCIATED WITH THE CLASSES AND EVENTS AND RESPONSIBILITY FOR THE SAFETY AND PROPERTY OF MYSELF AND THE MINORS IDENTIFIED BELOW.  I agree that the use of all services, equipment, and/or facilities of the BST Affiliates in connection with such activities are AT MY OWN RISK. I accept personal responsibility for the payment of all of my own and my minor’s medical and emergency expenses in the event of accident, illness, or other incapacitation regardless of whether I have authorized such expenses at the time they are incurred.  To the extent that first aid or medical services are rendered to me or any minor identified below, I agree that the terms of this document shall apply.  I warrant and represent that I and any minor identified below have health and life insurance ("Insurance") adequate for our needs and that such Insurance provides coverage with respect to participation in the Classes and Events.

RELEASE OF CLAIMS:  In consideration of the participation of the undersigned and/or the minor(s) identified below, and intending to be legally bound for myself, my heirs, my executors, my administrators, and, if applicable, any minor(s) identified below, I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE each and all of the BST Affiliates from all liability to myself, any minor identified below, my personal representative or estate, assigns, heirs and next of kin, and the personal representative of any minor identified below or such minor's estate, assigns, heirs and next of kin, for any and all loss or damage and any claims and/or demands on account of injury, death, or damage to me, any minor identified below, and any of my or such minor's personal possessions. I acknowledge that the Classes and Events may be strenuous and I or the minor(s) identified below have sufficient health to participate therein. I HEREBY WARRANT AND REPRESENT THAT I AM OF LAWFUL AGE AND LEGALLY COMPETENT TO SIGN THIS RELEASE ON BEHALF OF MYSELF AND ANY MINOR IDENTIFIED BELOW; that I understand that the terms of this Release are contractual and create a binding contract with respect to the matters described herein; and that I have signed this Release as my own free act.  I further warrant and represent that I shall comply with all policies and obey all rules of the BST Affiliates, including those outlined herein.

LIKENESS AND TALENT RELEASE:  I hereby acknowledge that photographs, video filming, audio recordings, interviews, written documentation and similar recordings may or will take place in connection with the Classes and Events.  I hereby IRREVOCABLY GRANT TO BST, its successors and assigns and any person, corporation or other entity which shall receive by transfer from BST the rights and licenses granted herein (collectively "Transferees"), ALL RIGHTS AND LICENSE (i) to use the likeness, image, poses, sound recordings, acts, written description and appearance of the myself and any minor identified below recorded in any medium ("Recordings"), (ii) to copy, distribute, exhibit, transfer, commercially exploit or assign the Recordings of myself and any minor identified below, and (iii) to exhibit in any format and by any means, and in any manner throughout the world in perpetuity, by any now known, or hereafter discovered means, the Recordings of myself and any minor identified below (matters described in (i), (ii) and (iii) collectively hereinafter "Transferred Rights").  Further, I IRREVOCABLY WAIVE AND RELINQUISH any right to compensation for any use in any manner of the Transferred Rights. I do further RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the BST Affiliates and any Transferee from any and all claims, damages, liabilities, costs (including attorneys' fees) and expenses which now or hereafter may occur, by reason of any use of the Recordings or other Transferred Rights of myself or any minor identified below, including, but not limited to, any claims based on the right of privacy, the right of publicity, copyright, libel, slander or any other similar or related right.

INDEMNIFICATION.  In addition to and without limiting anything contained herein, I hereby agree to indemnify each and all of the BST Affiliates against, and agree to protect, save and hold harmless the BST Affiliates from, any and all liabilities, obligations, losses, damages, claims, expenses (including court costs and attorneys' fees) and any other costs associated with or arising from any claim or claims made by me or on my behalf (or by any minor identified below or on behalf of such minor) or by any third person whose claim  (or claims) are related to my participation in, or the participation of any minor identified below in, the Classes and Events or the terms, conditions, or enforcement of the terms of this Release.

GOVERNING LAW/ENFORCEABILITY.  This Release shall in all respects be governed by, and construed in accordance with, the law of the State of Utah in the United States of America without regard to its choice of law provisions.  Each party hereto submits to the exclusive personal jurisdiction of the state and federal courts located in Utah County, Utah, U.S.A. for all issues between them regarding this Release and the terms and conditions hereof. Any provision of this Release that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.  The undersigned acknowledges that it is his or her intention to provide a release of claims to the BST Affiliates to the fullest extent permitted by law.  To the degree that a court determines that any provision of this Release is partly or wholly unenforceable, such provision shall be re-written by the court or other tribunal interpreting the same such that it becomes enforceable and most closely approximates the intent of the parties.

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS "ASSUMPTION OF RISK, RELEASE OF CLAIMS, TALENT RELEASE AND INDEMNIFICATION" BY CAREFULLY READING IT BEFORE SIGNING BELOW.

In the event that a minor child for whom I am responsible is the Participant in the Classes and Events, I agree that the terms, conditions and provisions of this Release shall apply to me and such minor.

Participant(s) acknowledge(s) that Participant has read and understands the Assumption of Risk/Insurance Section in the above Release.