In consideration of being permitted to participate in any way in the tournament offered by Excel Martial Arts Inc. (the "Martial Arts Tournament'') and/or being permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the public is prohibited), the parents and/or legal guardian(s) of the minor participant named below agrees as follows
1. The parent and/or legal guardian(s) will instruct the minor participant that prior to participating in the Martial Arts Tournament, 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 conditions and refuse to participate. We understand and agree that, if at any time, we feel anything to be UNSAFE; we 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 Tournament 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 Releasees named below.
D. There may be other risks not known 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, WAVE, DISCHARGE AND COVENANT NOT TO SUE Excel Martial Arts Incorporated , including its owners, directors, officers, employees, agents, contractors and landlords of any premises used to conduct the Martial Arts Tournament (herein referred to as "Releasees") from all liability to me, my personal representative, assigns, executors, heirs and next to kin for any and all claims, demands, losses or damages as a result of an injury arising out of participation in the Martial Arts Tournament, including but not limited to the disability, paralysis or death of the participant or damage to 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 Tournament are dangerous and involves the risk of serious injury and/or death and/or property damage. I/We also expressly acknowledge that injuries received may be compounded or increased by negligent rescue or care operations or procedures of the Releasees.
6. EACH OF THE UNDERSIGNED 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, notwithstanding continue in full legal force and effect.
7. On behalf of the participant and individually, 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 Releasee for any money which has been paid to the participant, or on the participant's behalf, and hold them harmless.
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 ALLOWED BY LAW