In consideration of being permitted to participate in any way in the martial arts program offered by the instructors of Silverback Jiu-Jitsu and/or permitted to enter for any purpose any restricted area (herein defined as any area where in admittance to the general public is prohibited), the participant or the parent(s) and/or legal guardian(s) of the minor participant named below agree:
1. The participant, minor participant, and the parent(s) and/or legal guardian(s) of a minor participant, prior to participating in the martial arts activity or event, should inspect the facilities and equipment to be used. If the participant, minor participant, or parent(s) and/or guardian(s) of a minor participant, believes anything is unsafe, he or she should immediately advise the officials of such condition and refuse to participate. The participant, minor participant, and the parent(s) and/or legal guardian(s) of a minor participant understand and agree that, if at any time, he or she feels anything to be UNSAFE, he or she 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 marital arts events and activities which could result in bodily injury, partial and/or total disability, paralysis and death;
b) The social 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 of 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 this time;
3. I/We accept and assume such risks and responsibilities 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 or school (Silverback Jiu-Jitsu) used by the participant, minor participant and/or parent(s) and/or legal guardian(s) of a minor 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 purpose herein referred to as “Releasee”…from all liability to the undersigned, my/our personal representatives, assigns, executors, heirs and next of 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 release 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 COMPOUND OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. 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.
7. On behalf of the participant and individually, the undersigned or participant’s parent(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite the release, the participant makes a claim against any of the Releasees, the participant or parent(s) and/or legal guardian(s) will reimburse the Releasees for all attorney’s fees and costs in defending the action.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.