1. ACTIVITY WAIVER
a) I, THE PARTICIPANT (THE “PARTICIPANT”) OR THE PARENT OR LEGAL GUARDIAN OF THE PARTICIPANT (THE “LEGAL GUARDIAN”) HEREBY ACKNOWLEDGE THE FOLLOWING DETAILS, REQUIREMENTS AND RISKS INHERENT TO TRAINING IN THE ART AND SPORT OF KARATE AND PROVIDE CONSENT TO THE ACTIVITIES PROVIDED BY BRITANNIA KARATE (THE “ACTIVITY PROVIDER”):
2. DETAILS OF ACTIVITY
a) The Participant will be participating in the following activities: Karate, contact sparring with a partner, partner drills and other partner work, board breaking, power striking with hands and feet, self defense practice, and other activities as they relate to the art and sport of Tang Soo Do karate and self defense (the “Activity") provided by the Activity Provider.
3. CONSIDERATION
a) Being the lawful Legal Guardian of the Participant, and in consideration of the Participant being permitted to participate in the Activity, on behalf of the Participant the Legal Guardian releases and forever discharges the Activity Provider, its owners, directors, officers, employees, volunteers, agents, assigns, legal representatives, and successors, or those of Temple B’Nai Tikvah (the “Landlord”), from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims, and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the Activity, and not withstanding that such damage, loss, or injury may have been caused solely or partly by the negligence of the Activity Provider or its Landlord.
b) The Legal Guardian understands that the Participant would not be permitted to participate in the Activity unless the Legal Guardian signed this Waiver.
4. CONCURRENT RELEASE
a) The Legal Guardian acknowledges that this Waiver is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant by the Activity Provider, and with the intention of binding the Participant's heirs, executors, administrators, legal representatives, and assigns.
5. FITNESS TO PARTICIPATE
a) The Legal Guardian acknowledges to the Activity Provider that the Participant does not have any physical limitations, medical ailments, or disabilities that would limit or prevent the Participant from participating in the Activity. If required, the Participant will obtain a medical examination and clearance and fully inform the Activity Provider of any modifications the Participant requires. Participation in the activities provided by the Activity Provider has risks and hazards including risks associated with contact sparring and close contact with others, and risks associated with COVID-19. As a participant, the Participant may suffer property damage, personal injury, and even death. I freely and voluntarily assume all the risks and hazards of participation, including any legal risks. This means that I am giving up my right to sue the Activity Provider for any reason, including the Activity Provider’s negligence, if the Participant suffers any damage, injury, loss or death by participating in the Activity.
6. FULL AND FINAL SETTLEMENT
a) The Legal Guardian acknowledges and agrees with the Activity Provider that: (1) the Activity Provider has given the Legal Guardian sufficient time to carefully read this Waiver, (2) the Legal Guardian has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Waiver, (3) the Legal Guardian fully understands the risks and claims that the Participant is waiving to participate in the Activity, (4) the Legal Guardian is freely and voluntarily executing this Waiver, and (5) the Participant is forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the Activity.
7. GOVERNING LAW
a) This Waiver will be governed by and construed in accordance with the laws of the Province of Alberta.
IN WITNESS WHEREOF the Participant or the Participant’s Legal Guardian has duly affixed their signature below,
Participant’s Name:
Signature of Legal Guardian:
Print Name of Legal Guardian: of