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 (herein defined as any area where in admittance to the general public is prohibited), I agree to the following:
1. Prior to participating in the Martial Arts Activities, I will inspect the facilities and equipment to be used and if I find anything is unsafe, I will immediately advise the officials of such condition and refuse to participate until the situation is rectified. 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 fully understand and acknowledge that:
- 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.
- The social and economic losses and/or damages, which could result from these risks could be severe.
- 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.
- There may be other risks not known to us or are not reasonably foreseeable at this time.
3. I 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 negiligence of the Releasees named below.
4. I 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 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 or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise.
5. I HEREBY acknowledge that the Martial Arts Activities are dangerous and involve the risk of serious injury and/or death and/or property damage. The undersigned also expressly acknowledges that injuries received may be compounded or increased by negligent rescues or care operations or procedures of the Releasees.
6. 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. If despite the release, the participant or their family, makes a claim against any of the Releasees, the participant or their family, 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 agree to participate in the Black Belt Test.
9. 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 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.
10. Failure to attend the test does not relieve me of the obligation to pay the full fee for the test.
11. I acknowledge receiving a copy of this Agreement.
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.