Release and Waiver of Liability and indemnity Agreement(READ CAREFULLY BEFORE SIGNING) In consideration of being permitted to participate in any way in the activities offered by Excel Martial Arts (the "Martial Arts Activities") and/or being permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the general public is prohibited), the parent(s) and/or legal guardian(s) of the minor participant named below agree as follows:
1. The parent(s) and/or legal guardian(s) will instruct the minor participant that prior to participating in the Martial Arts Activities, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate. As a participant, I understand and agree that, if at any time, I feel anything to be UNSAFE; I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
2. I/We fully understand and acknowledge that:
A. There are risks associated with participation in the Martial Arts Activities which could result in bodily injury, including partial or total disability, paralysis and death.
B. The social and economic losses and/or damages, which could result from these risks could be severe.
C. These risks may be caused by the action, inaction, or negligence of the participant or the action, inaction, or negligence of others, including, but not limited to, the Releases named below.
D. There may be other risks not know to us or are not reasonably foreseeable at this time.
3. I/We accept and assume such risks and responsibility for the losses and/or damages following such bodily injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below.
4. I/We HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Excel Martial Arts, including its owners, directors, officers, employees, agents, contractors and landlords of any premises used to conduct the Martial Arts Activities (herein referred to as "Releasees") from all liability to the undersigned, my/our personal representatives, assigns, executors, heirs, and next of kin for any and all claims, demands, losses or damages as a result of an injury arising out of participation in the Martial Arts Activities, including but not limited to the disability, paralysis, or death of the participant or damage to the property, caused alleged to be caused in whole or in part by the negligence of the Releasees or otherwise.
5. I/We HEREBY acknowledge that the Martial Arts Activities are dangerous and involve the risk of serious injury and/or death and/or property damage. Each of the undersigned also expressly acknowledges that injuries received may be compounded or increased by negligent rescus or care operations or procedures of the Releasees.
6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province of British Columbia in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, not withstanding, continue in the full legal force and effect.
7. On behalf of the participant and individual, the undersigned parent(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If despite the release, the participant makes a claim against any of the Releasees, the parent(s) and/or legal guardian(s) will reimburse the Releasees for any money which they have paid to the participant, or on his or her behalf, and hold them blameless.
8. I have chosen to enter into the following program(s) and classes: {Introductory Program, Weapons Level 1, Weapons Level 2, After School Athletic Program, or Black Belt Academy.
9. Upon completion and full payment of any phase or program, student(s) wishing to continue with the next phase or program must enter into a new Agreement.
10. Excel Martial Arts or any party designated by Excel Martial Arts may photograph or film me while I attend the premises of any Excel Martial Arts Training Center and use of any and all such photos, video footage and/or video streaming for promotion, sales, publicity, and advertising purposes for all media, including, but not limited to, the internet.
11. Failure to attend the class does not relieve me of the obligation to pay the full tuition for the program or phase in which I am currently enrolled.
12. I acknowledge receiving a copy of this Agreement.
13. Right of cancellation: You may cancel this Agreement from the day you enter the Agreement until 10 days after you receive a copy of this Agreement. You do not need a reason to cancel. To cancel, you must give 30 days notice of cancellation to your local Excel Martial Arts Training Center. I agree to auto-renewed into a monthly flexible plan with 30 days cancellation notice.
14. I Understand and consent to a 3-5% increase on my membership fees that will be added onto my membership January 1st of each year and is subject to change.
15. I Acknowledge that my monthly payment does not change or decrease depending on the number of classes I choose to utilize, number of days in the month, or any missed classes due to Training Center closures on statutory holidays, and days that the training center may choose to close independently due to inclement weather or other Excel Martial Arts events.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT OF THE LAW.