Birthday Party Waiver

RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

I, in consideration of participating in the sport of martial arts, and for other good and valuable consideration, hereby agree to release and discharge from liability arising from negligence of Embrace Martial Arts, its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releases”), on behalf of myself and my children, parents, heirs, assigns, personal representative, and estate, and agree as follows:

Assumption of Risks

I acknowledge that the sport of martial arts involves known and unanticipated risks which could result in physical and emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, death, paralysis, broken bones, torn ligaments, bruises, and other bodily injuries caused by contact with other participants during martial arts activities, walls, matting, or the floor; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.

Acceptance of Risks

I expressly accept and assume all risks inherent in this activity or that may have been caused by the negligence of the Releases. My participation in this activity is purely voluntary, and I elect to participate despite the risks. Additionally, if at any time I believe that the event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.

Waiver of Liability

I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releases from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releases or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

Insurance and Medical Condition

I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.

Legal Venue and Governing Law

In the event that I file a lawsuit, I agree to do so solely in the state where Releases’ facility is located, and I further agree that the substantive law of that state shall apply.

Severability

If any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

Media Release

I hereby voluntarily release any image and likeness taken within Embrace Martial Arts to be used for promotional posts, social media, and website portraits.

By signing this document, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.

I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me, or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and I agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain.

I have read and understood this document, and I agree to be bound by its terms.

    PARTICIPANT AGREEMENT (REQUIRED)
    PARENT OR GUARDIAN ADDITIONAL AGREEMENT (REQUIRED IF PARTICIPANT IS UNDER 18)

    In consideration of Participant being permitted to participate in this activity, I further agree to indemnify and hold harmless Releases from any claims alleging negligence that are not brought by or on behalf of the minor or are in any way connected with such participation by the minor.

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