LIABILITY RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE
Dream Martial Arts (the “School”) provides instruction and live training in various martial arts and combat sports, which may include elements, whole or in part, of Brazilian Jiujitsu, Judo, wrestling, submission grappling, Mixed Martial Arts, Muay Thai, Tae Kwon Do, boxing, self-defense, and other martial arts (collectively “the Martial Arts Program”).
In exchange for participation in the Martial Arts Program organized by the School, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age) agree as follows:
I am signing this agreement, and in the process giving up certain rights that I may otherwise have, in exchange for the ability to participate in the Martial Arts Program provided by the School. I acknowledge that I have been given ample time to review this agreement and ask any related questions. And although signing this agreement is a requirement for participation in the Martial Arts Program, I am not under any undue influence, force, or compulsion to participate. I could choose to not participate at all or participate with a different training provider. However, I freely choose to sign this agreement and participate in the Martial Arts Program as described here and as modified, from time to time, by the School.
The Martial Arts Program
The Martial Arts Program involves the instruction, practice, and training at partial and full intensity of various techniques requiring intense physical contact with a partner (collectively “Intense Physical Contact”). This Intense Physical Contact may include and involve: forcible bodily manipulations of various limbs and joints, including (but not limited to) the ankle, shin, knee, thigh, wrist, forearm, arm, elbow, shoulders, back, and neck; strangles, chokes, and other force applied to the throat, neck, and arteries; body throws, tackles, slams and various other takedowns intended to forcible move a body from a standing or other vertical position to a horizontal, laying or other position on the ground which may include impact with the ground; strikes or other blows to the head or body; other intentional or unintentional bodily contact or force.
Participation in the Martial Art Program requires a partner. I acknowledge, understand, and consent to an exchange of Intense Physical Contact with my partner.
Risks Associated with the Martial Arts Program
Intense Physical Contact carries an inherent level of associated risk of severe bodily and other harm, which includes (but is not limited to): bone, ligament, and tendon breaks, ruptures and damage; loss of consciousness; blindness; temporary or permanent disability; paralysis; death; COVID-19 and other communicable or infectious disease; and other risks, both known and unknown, foreseeable and unforeseeable, and inclusive of use of the facilities and participation in internal and external competitions (collectively “Risks”). I acknowledge, understand, and freely assume the Risks involved with Intense Physical Contact and all other elements of the Martial Arts Program.
Release of Liability, Covenant Not to Sue, and Indemnification
I hereby agree to assume and take upon myself all of the Risks associated with the Martial Arts Program. In consideration of and in return for services, facilities, and other assistance provided School, its agents, instructors (including but not limited to those volunteering, those acting as independent contracts, etc.) employees, trainees, students, and members (collectively, the “School Members”), I release the School and School Members from any and all liability, claims and actions that may arise from injury or harm to me, from my death or from damage to my property in connection with the Martial Arts Program. I understand that this Release, to the maximum extent permissible by law, covers liability, claims and actions caused entirely or in part by any acts or failures to act by the School and the School Members, including but not limited to negligence, mistake, or failure to supervise.
I recognize that this Release means I am giving up, among other things, rights to sue the School and the School Members for injuries, damages, or losses I may incur while participating in the Martial Arts Program. I also understand that this Release binds my heirs, executors, administrators, and assigns, as well as myself.
Additionally, I agree to indemnify the School and School Members against any and all claims, actions, lawsuits, damages and judgments, including attorney's fees, arising out of or relating to my participation in the Martial Arts Program.
Photo Consent
I understand that the school may take photos, video or audio recordings of the students and classes for displays, advertising promotions, social media content, etc. I understand that such photos, videos or audio recordings may be used for profit, whereas the student, parent/guardian waive any rights to or compensation for appearing in such materials. I grant the school full rights to use the images resulting from the photography/video filming/audio recordings, and any reproductions or adaptations of the images for advertising, social media content, publicity or other purposes. This might include (but is not limited to), the right to use them in their printed and online publicity, social media, press releases and marketing applications.
Further Agreements
I agree, should I nonetheless attempt to bring legal action or any dispute against the School or School Members on any theory and for any reason, to waive any rights that I may have to a jury trial. This means that a judge shall preside over and make all determinations regarding the dispute. I further agree that should any portion of this Agreement be unenforceable, all remaining portions shall be valid and in effect. Should this entire Agreement be unenforceable, then this Agreement shall be constructively rewritten to fit both the contract's original intent and the requirements of the court.
I have read the entire Agreement; I fully understand its terms and that I am giving up substantial rights, and I agree to be legally bound by it, and am signing freely and voluntarily without any inducements.
THIS IS A RELEASE OF YOUR RIGHTS. READ CAREFULLY BEFORE SIGNING.