Karate do KenWaKan
RELEASE AND INDEMNITY AGREEMENT
This Waiver, Acknowledgement, Release and Indemnity Agreement (“Agreement”) is made between the registered student and, where applicable, his/her custodial parent(s) or legal guardian(s) (the “Participant(s)”), on the one hand, and Karate do KenWaKan on the other hand, according to the following terms and conditions. This Agreement covers all courses, classes and activities offered by KenWaKan, including, but not limited to karate, tai chi, light saber classes and Brazilian Jiu Jitsu, collectively, “Martial Arts”.
Assumption of Risk. Participant(s) hereby expressly acknowledge that they are familiar with the sport of karate and the other Martial Arts offered by KenWaKan understand that each of them is a contact sport that is inherently dangerous and may result in serious injury, paralysis or death. Participant(s) acknowledge they have been given the chance to ask questions concerning the risks of participating in karate and/or Martial Arts instruction, including without limitation, stretching, strength training, aerobic exercise, drills, necessary safety or protective equipment, practicing, warm-up and cool down activity, testing, sparing, officiating, traveling to and from tournaments and related events, and/or competing (collectively referred herein as “Martial Arts Instruction”) and that such questions have been answered to their satisfaction. Participant(s) are fully aware of the risks and hazards associated with Martial Arts Instruction and hereby consent to Participant’s involvement in Martial Arts Instruction. Participant(s) voluntarily assume full personal responsibility for any risk of loss, property damage or personal injury, including bodily injury, permanent injury or death, and social and economic losses, due to not only Participant’s own actions, inactions or negligence, but also to the actions, inactions or negligence of others, including the actual or alleged negligent acts of Ken Wa Kan, its directors, officers, administrators, employees, instructors, coaches, supervisors, operators, drivers, agents, representatives, members, volunteers, event officials, medical personnel, other participants, their parents, guardians, supervisors and coaches, sponsors, advertisers, promoters, and owners, lessors and lessees of premises used in Martial Arts Instruction, and each of them and their respective directors, officers, employees and agents (collectively referred herein as “Releasees”). Further, Participant(s) acknowledge that they are responsible for providing and wearing safety or protective equipment, and that there may be other risks not known to them or not reasonably foreseeable at this time.Liability Release. In consideration of Participant being permitted to participate in Martial Arts Instruction, Participant(s), individually and collectively, and their respective guardians, heirs, executors, administrators, successors, and assigns (collectively referred herein as “Releasors”) hereby agree not to sue the Releasees and expressly waive, release and forever discharge Releasees from and against any and all liabilities, claims, demands, rights, actions, causes of actions, costs, and expenses of any kind or nature whatsoever, either in law or in equity, that Releasors, individually or collectively, may have arising out of any loss, damage, or bodily injury known or unknown, including death, that may be sustained by Participant or to any property belonging to Participant, arising or resulting from, or which may result from Martial Arts Instruction, including the negligent acts of Releasees, and/or which may occur as a result of any direct or indirect derivative cause of action incurred, in the case of a minor Participant, by Participant’s parent(s) or guardian(s). Further, Releasors release Releasees, as well as all officials and professional personnel from any claim whatsoever on account of first aid, medical treatment or services rendered Participant during Martial Arts Instruction.
Indemnification. Releasors, individually and collectively, agree to indemnify and hold harmless the Releasees from and against any loss, liability, damage or costs, including court costs and attorneys’ fees, that Releasees may incur arising from Participant’s involvement in Martial Arts Instruction.Warranty of Physical Fitness. Participant(s) warrant that Participant is physically fit and in a condition that will allow him/her to participate fully in Martial Arts Instruction. Participant(s) understand the Releasees have not made, nor will make, any investigation into Participant’s physical fitness or ability of the Participant in Martial Arts Instruction, and Releasees are relying on Participant(s)’ warranty concerning Participant’s physical condition. Participant(s) acknowledge that they maintain adequate medical insurance that covers Participant for accidents while participating in Martial Arts Instruction and that Participant(s) assume full responsibility for payment of medical expenses not covered by such insurance incurred as a result of Participant’s involvement in Martial Arts Instruction. It is Participant(s)’ express intent that this Agreement contain the entire agreement between the parties to this agreement and the terms of this release shall bind both them and Releasors. Releasors agree that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of New York and that if any portion of the agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Releasors further agree that, whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa.In signing this Waiver, Acknowledgement, Release and Indemnity Agreement Participant(s) each state that he/she has carefully read the above, knows and understands its contents and signs this as his/her own free act.
THIS IS A RELEASE OF LEGAL RIGHTS PLEASE READ AND UNDERSTAND BEFORE SIGNING