WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in MARTIAL
ARTS (hereinafter the "Activity"); and
IN CONSIDERATION OF my desire to participate in said Activity and being given
the right to participate in same;
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),
knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and
hereby waive any and all rights, claims or causes of action of any kind arising out
of my participation in the Activity; and
I HEREBY release and forever discharge Strategos Jiu-Jitsu located at 285 North Route 303, Unit 5, Congers, New York 10920, their affiliates, managers,
members, agents, attorneys, staff, volunteers, heirs, representatives,
predecessors, successors and assigns (collectively "Releasees"), from any physical
or psychological injury that I may suffer as a direct result of my participation in the
aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM
PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE
RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE,
BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN,
SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY
(INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I
UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR
OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE
ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I
ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY
PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against
any and all claims, suits or actions of any kind whatsoever for liability, damages,
compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors,
omissions, acts or failures to act of any party or entity conducting a specific event
or activity on behalf of Releasees. In the event that I should require medical care
or treatment, I authorize Strategos Jiu-Jitsu to provide all emergency medical
care deemed necessary, including but not limited to, first aid, CPR, the use of AE
Ds, emergency medical transport, and sharing of medical information with medical
personnel. I further agree to assume all costs involved and agree to be financially
responsible for any costs incurred as a result of such treatment. I am aware and
understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's
physical and mental limits and may carry with it the potential for death, serious
injury, and property loss. I agree not to participate in the Activity unless I am
medically able and properly trained, and I agree to abide by the decision of the
Strategos Jiu-Jitsu official or agent, regarding my approval to participate in the
Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND
RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I
EXPRESSLY AGREE TO RELEASE AND DISCHARGE Strategos Jiu-Jitsu AND ALL OF
ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF,
VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND
ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO
VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A
LEGAL ACTION AGAINST Strategos Jiu-Jitsu FOR PERSONAL INJURY OR PROPERTY
DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary
negligence, this release is also for such negligence on the part of Strategos Jiu-Jitsu , its agents, and employees.
To the extent that statute or case law does not prohibit releases for ordinary
negligence, this release is also for such negligence on the part of Strategos Jiu-Jitsu, its agents, and employees.
In the event that any damage to equipment or facilities occurs as a result of my
or my family's or my agent's willful actions, neglect or recklessness, I acknowledge
and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
HIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE
DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL
SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length, without duress or coercion,
and is to be interpreted as an agreement between two parties of equal bargaining
strength. Both Participant, {name} and Strategos Jiu-Jitsu agree that this
agreement is clear and unambiguous as to its terms, and that no other evidence
shall be used or admitted to alter or explain the terms of this agreement, but that
it will be interpreted based on the language in accordance with the purposes for
which it is entered into.
In the event that any provision contained within this Release of Liability shall be
deemed to be severable or invalid, or if any term, condition, phrase or portion of
this agreement shall be determined to be unlawful or otherwise unenforceable, the
remainder of this agreement shall remain in full force and effect. If a court should
find that any provision of this agreement to be invalid or unenforceable, but that
by limiting said provision it would become valid and enforceable, then said
provision shall be deemed to be written, construed and enforced as so limited.
I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS
OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I
HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT
THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE
OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.
