OPEN TAI CHI FOUNDATION
Acknowledgement, Assumption of Risk, Waiver, and Release from Liability
I, {name}, desire to participate in classes provided by OPEN TAI CHI FOUNDATION (hereinafter "OPEN TAI CHI”). This Assumption of Risk, Waiver, and Release from Liability covers the entirety of my participation in the OPEN TAI CHI, including travel to any locations off of the OPEN TAI CHI Studio in order to participate in activities associated with the OPEN TAI CHI.
1. Risk Factors- I understand and acknowledge that participation in the OPEN TAI CHI involves risks including, but not limited to the following: risk of property damage, bodily injury, including but not limited to, permanent disability, paralysis, and possibly death. These risks may result from a variety of circumstances including, but not limited to, my own and others actions, inactions or negligence, the rules of the martial arts, or conditions of the facilities and equipment provided by OPEN TAI CHI or from the unavailability of emergency medical care.
2. Assumption of Risk- I am participating in the OPEN TAI CHI at my own free will. I understand that my decision to participate in the OPEN TAI CHI is entirely voluntary. I assume full responsibility for all risks that may arise out of or result from my participation in the OPEN TAI CHI, including by not limited to those risks described in Section 1, above. Excepted from this section are any injuries caused by the gross negligence or willful or wanton misconduct of any officials, officers, employees, agents, or volunteers of OPEN TAI CHI.
3. Acknowledgement of Policies and Procedures- I acknowledge that I have read, know, and agree to all of the policies and procedures relating to my participation in the OPEN TAI CHI. I understand that the safe and proper use of all facilities, equipment or participation in the activity is dependent upon carefully following these policies and procedures. I agree to comply with and abide by all rules, regulations and policies of OPEN TAI CHI. I understand that OPEN TAI CHI reserves the right to revoke or terminate my participation in the OPEN TAI CHI for any violations of these rules, regulations, or policies.
4. Release, Indemnify, and Defend. I hereby release, waive, discharge, and hold harmless OPEN TAI CHI, and all of their affiliates, predecessors, successors, trustees, officers, directors, faculty, employees, agents and representatives, past or present (hereinafter jointly referred to as “the Released Parties") from any and all claims, suits, liabilities, judgments, costs and expenses ("Claims") for any property damage, property loss or theft, personal injury or illness, death or other loss arising from or relating to my participation in the OPEN TAI CHI. I also agree to defend, indemnify and hold harmless the Released Parties from and against any Claims arising from or related to my own acts or omissions in connection with my participation in the OPEN TAI CHI.
5. Prerequisite Skills. I acknowledge that I have the requisite skills, qualifications, physical ability and training necessary to properly and safely participate in the Club Sport Program. I agree that if I have any questions as to what skills, qualifications, or training is necessary to properly participate in the OPEN TAI CHI, then I shall direct such questions to the appropriate individuals.
6. Waiver- I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know or suspect to exist at the time of executing the release. This means, in part, that I am releasing unknown future claims.
7. Email. I give my consent and permission to OPEN TAI CHI. to add my email address to its email mailing list so that I may receive periodic updates on classes and events. I understand that I may unsubscribe from the email list at any time. I understand that OPEN TAI CHI may still send me emails including important studio information such as class cancellations. OPEN TAI CHI warrants that it will not share, distribute or sell my email address or contact information to any third party.
8. Payment for Damages. I agree to pay for any and all damages to any property or Released Parties caused by me negligently, willfully or otherwise. 9. Representatives. I enter into this agreement for myself, as well as for my heirs, assigns and legal representatives.
10. Consent for Emergency Treatment- I consent to medical treatment for emergencies that occur during or are related to my participation in the OPEN TAI CHI where I am unable to consent to such treatment. I understand the provisions of this Assumption of Risk, Waiver, and Release from Liability apply to any treatment that might be provided to me under this Section, including but not limited to Section 1, Section 2, and Section 4.
11. Insurance- I understand that I am solely responsible for any medical, health or personal injury costs relating to my participation in the OPEN TAI CHI. I understand that I am strongly encouraged to have a medical physical examination and purchase health insurance prior to any and all participation in the OPEN TAI CHI.
12. Jurisdiction. This Assumption of Risk, Waiver, and Release from Liability shall be governed in all respects by the laws of the State of California. The parties agree to use the State of California for Jurisdiction and the County of San Mateo as Venue for any disputes between the parties related to this Assumption of Risk, Waiver, and Release from Liability.
13. Severability. If any term or provision of this Assumption of Risk, Waiver, and Release from Liability is held to be illegal, invalid or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid or unenforceable under present or future laws effective during the term hereof or of any provisions hereof which survive termination, then and in any such event, it is the express intention of the parties that the remainder of this Assumption of Risk, Waiver, and Release from Liability, or the application of such term, clause or provision other than to those as to which it is held illegal, invalid or unenforceable, shall not be affected thereby, and each term, clause or provision of this Assumption of Risk, Waiver, and Release from Liability and the application thereof shall be legal, valid and enforceable to the fullest extent permitted by law.
14. Fee Policy. Upon signing this agreement, I acknowledge that I have received a copy of the fee policy and agree to the fee schedule. OPEN TAI CHI. reserves the rights to revise and update the policy without further notice.