AIKIDO OF SANTA CRUZ - a nonprofit, educational organization

 

AGREEMENT AND RELEASE OF LIABILITY

Revised February 2026. Posted at www.aikidosantacruz.org (version 2.0)

THIS AGREEMENT is made between the signatory below and North Bay Aikido Inc. (DBA Aikido of Santa Cruz), a non-profit public-benefit corporation, its Board of Directors, instructors, students, agents, authorized guests, and affiliated organizations (collectively referred to hereafter as “Aikido of Santa Cruz”).

Aikido of Santa Cruz provides a variety of activities, including, but not limited to, martial arts training that may involve: observing, sitting, stretching, twisting, rolling, falling, striking, grabbing, throwing, or pinning, weapons training, calligraphy training, misogi practices, and any other activities provided by or at the request of, Aikido of Santa Cruz, whether on premises or elsewhere (“Aikido Activities”).

In consideration of my enrollment in any Aikido Activities, I make the following statements and promises:

1. Assumption of Risk. I am aware that such Aikido Activities may involve strenuous physical activity and personal body contact, and that I may be participating in simulated attack situations which can be physically harmful and/or be emotionally stressful. I am voluntarily participating in Aikido Activities with full knowledge and understanding that there is potential danger and the possibility of injury (minor or severe, including those that may result in permanent disability or death). I EXPRESSLY ASSUME ALL RISKS associated with my participation in Aikido Activities, whether known or unknown, foreseeable or unforeseeable, inherent or otherwise, including but not limited to risks arising from the conduct of other participants, instructors, or third parties. I agree to accept any and all risks of injury, illness, or death as my sole responsibility.
2. Medical Responsibility. If I have, or at any time develop, a disability or illness, I will consult with my physician before taking (or resuming) any Aikido Activities and I agree that I am financially responsible for any costs associated therewith.
3. Release of Liability. I release from liability and waive my right to sue Aikido of Santa Cruz from any and all claims, including claims related to Aikido of Santa Cruz’s negligence (active or passive), resulting in any physical injury, illness (including death) or economic loss I may suffer or which may result from my participation in the Aikido Activities. This release does not apply to claims arising solely and directly from the gross negligence or willful misconduct of Aikido of Santa Cruz, but only to the extent that such release is expressly prohibited by California Civil Code § 1668.
4. Indemnification. I agree that I, my heirs, legal representatives and assigns will abide by the following: I promise to defend, indemnify and hold Aikido of Santa Cruz harmless from any and all liability (including attorney's fees and costs) for all claims, actions, or damages:
   1. for any injury or damage and/or wrongful death resulting from my participation in the Aikido Activities;
   2. by third parties alleging injury from my use of the techniques learned in the Aikido Activities, or any variation thereof, whether occurring on the premises of Aikido of Santa Cruz or elsewhere. I have not requested nor received any warranties as to the effectiveness of the training.
5. Infectious Diseases Acknowledgements. I understand Aikido of Santa Cruz cannot guarantee I will not be exposed to infectious diseases. I will follow CDC recommendations and Aikido of Santa Cruz guidance. Each time I participate, I attest that I am not experiencing symptoms of illness, have not been diagnosed with an infectious disease in the last 10 days, and am following applicable travel and exposure guidelines.
6. Media Release. I understand and agree that Aikido of Santa Cruz occasionally films and takes photographs during classes and events sponsored by Aikido of Santa Cruz. By attending any class or event, I hereby grant Aikido of Santa Cruz an irrevocable, perpetual, royalty-free, worldwide license to film, photograph, record, and otherwise capture my image, voice, and likeness, and to use, reproduce, modify, distribute, publish, and display such materials in all manner of media throughout the world, including but not limited to social media, websites, promotional materials, and publications. I waive any right to inspect or approve any such recordings or their use, and I expressly waive any right to compensation or royalties for such use. This grant shall survive the termination of my participation in Aikido Activities. Participants may not record or photograph during classes without prior written authorization.
7. Additional Special Conditions Related to Online Classes. I understand that Aikido of Santa Cruz may provide online Aikido Activities using a video conference platform (such as Zoom) and if I opt to participate in such online Aikido Activities, I understand that I will not be supervised during online Aikido Activities; and that the online sessions may be recorded and may be posted online by Aikido of Santa Cruz (in various platforms) and I hereby explicitly consent to the use of any recordings by Aikido of Santa Cruz.
8. Compliance. I agree to abide by the rules of Aikido of Santa Cruz and to follow explicitly all instructions given by instructors during the course of my instruction. I have read and agree to abide by Aikido of Santa Cruz Policy Against Sexual Harassment available at www.aikidoofsantacruz.com
9. Waiver of Civil Code Section 1542. I waive California Civil Code Section 1542, which limits general releases to known claims. I release all claims, known or unknown, related to my participation.

This liability waiver is governed by the laws of the state of California, USA, excluding any conflict of laws rules, and the parties explicitly consent to the jurisdiction of the courts in the Santa Cruz County, State of California. If any provision is unenforceable, the remaining provisions remain in effect. I have carefully read this Agreement and fully understand its contents. I am aware that this is a release of liability and a contract between Aikido of Santa Cruz and myself, and I sign it of my own free will.