I do hereby affirm and acknowledge that I have been fully informed of the inherent risks associated with TRAINING. I fully understand that these risks can lead to severe injury and even loss of life. Nevertheless, I choose to proceed with TRAINING and I freely accept and expressly assume all risks, dangers and hazards that may arise directly or indirectly from such training. This assumption of risk is intended by me to include any injury resulting from TRAINING regardless of the specific cause of such injury and regardless of whether I am injured by a fellow student, guest, instructor, staff member, visitor or volunteer. By way of example only, and not by way of limitation of the risks I assume, it has been explained to me that I am assuming the risk of being struck or falling which can lead to broken limbs, blindness, paralysis, brain damage or even death. I have been further advised that repetitive motions over extended periods of time, which are inherent to the practice of TRAINING, can cause chronic and permanent injuries to the body. I also assume this risk. It has been explained to me that the study and practice of TRAINING also involve the risk of heart attack or stroke due to the physical exertion inherent in such activities. I expressly assume that risk also. Further, I warrant and represent that I have consulted my physician to determine that I am sufficiently fit and healthy to enable me to participate in TRAINING. I understand that the practice of TRAINING carries a risk of the transmission of infectious disease including viruses such as the “novel coronavirus” that causes COVID-19. I understand that it is impossible to practice TRAINING without having interpersonal contact with instructors and other students. I knowingly and voluntarily accept the risk of being infected with a contagious disease, including but not limited to COVID-19, while practicing TRAINING. I further assume the risk that if injured or if I suffer a medical emergency, my injury or condition could be made worse or aggravated by negligent or non-negligent attempts to assist, help or treat me.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of receiving TRAINING, I hereby:
1. WAIVE AND RELEASE ANY AND ALL CLAIMS and I COVENANT NOT TO SUE the Releasees named or identified herein, based upon negligence, active or passive, carelessness, failure to supervise, negligent hiring or any other legal theory of recovery other than intentional misconduct specifically intended to injure me. I release and waive any future claim I may have against ALAN BAKER CONSULTATIONS, its officers, directors, employees, representatives, agents, instructors, staff, volunteers, insurers, successors, assigns and specifically including JOHN ALAN BAKER. Hereinafter these parties shall be collectively referred to as "Releasees." The term “TRAINING” includes but is not limited to MARTIAL ARTS, SELF DEFENSE, DEFENSIVE TACTICS, FIREARMS, HAND HELD WEAPONRY, AND COMBATIVES TRAINING.
2. Release Releasees from any and all liability or responsibility whatsoever for any claims or causes of action that I, my estate, my heirs, executors or assigns may have for personal injury or illness, property damage, pain and suffering, medical and rehabilitative expenses, lost wages, or wrongful death arising from my participation in TRAINING.
3. Release Releasees from any and any and all liability or responsibility whatsoever for any claims or causes of action that I, my estate, my heirs, executors or assigns may have for personal injury, property damage, pain and suffering, medical and rehabilitative expenses, lost wages, or wrongful death arising from my use of the techniques taught me in TRAINING in an actual self-defense encounter or situation. It has been explained to me that no TRAINING techniques nor system of techniques can be guaranteed to be effective in a real life self-defense encounter and that if I employ such techniques in a self-defense situation, I do so entirely at my own risk realizing that I could be seriously injured or killed.
4. I release, agree to indemnify and hold harmless Releasees from any and all liability or responsibility for any claims or causes of action to which Releasees may be exposed from third parties by virtue of my use, attempted use or asserted use of the TRAINING techniques taught to me either in play, “horsing around" or in a self-defense situation. In this regard, I have been specifically advised that the techniques taught to me could seriously injure or kill a third party and that I should not demonstrate such techniques or use such techniques "horsing around" due to the risk of injury to myself and others.
5. By entering into this agreement, I am not relying upon any oral or written representations or statements made by Releasees other than what is expressly contained in this agreement.
6. I further agree that this agreement shall be interpreted under the laws of the State of Georgia, United States of America.
7. If any provision, section, subsection clause or phrase of this release is found to be unenforceable or invalid, that portion shall be severed from this agreement. The remainder of this agreement shall be construed as though the unenforceable portion had never been contained in this document.
8. It is my intent that this agreement shall be construed as broadly as possible to exonerate Releasees from liability or even the necessity of defending a suit. The reason for this is that I am aware of and personally assume the risk of the dangers and hazards and risks involved in TRAINING, and no one is requiring me to engage in such training. As a condition of permitting me to receive such training, I voluntarily release Releasees from the claims and potential liabilities referred to herein as well as any unknown or un-described mechanism of injury arising directly or indirectly from TRAINING and practice.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AGREEMENT FULLY. I UNDERSTAND ITS TERMS AND MEANING. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND I HAVE SIGNED IT FREELY AND VOLUNTARILY. I INTEND MY SIGNATURE TO CONSTITUTE AND EFFECTUATE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
I have read and understand the above: