(Read Carefully Before Signing)
In consideration of being permitted to participate in any way in the Martial Arts or exercise Program indicated below and/or being permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the general public is prohibited), the parent(s) and/or legal guardian(s) of the minor participant named below agree:
1. The parent(s) and/or legal guardian(s) will instruct the minor participant that prior to participating in the below martial arts activity or event, 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 condition and refuse to participate. I understand and agree that, 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/We fully understand and acknowledge that:
a. There are risks and dangers associated with participation in exercisee/martial arts events and activities which could result in bodily injury partial and/or total disability, paralysis and death.
b. The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
c. These risks and dangers 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 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, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the martial arts facility used by the participant, including it owners, managers, promoters, lessees of premises used to conduct the exercise/martial arts event or program, premises and event inspectors, underwriters, consultants and others who give rec-ommendations, directions or instructions to engage in risk evaluation or loss control activities regarding the martial arts facility or events held at such facility and each of them, their directors, officers, agents, employees, all for the purpose herein referred to as “Releasee”…From all liability to the undersigned, my/our personal representatives, assigns, executors, heirs and next to kin For any and all claims, de-mands, losses or damages and any claims or demands therefore on account of any injury, including but not limited to the death of the participant or damage to property, arising out of or relating to the events(s) caused alleged to be caused in whole or in part by the negligence of the releasee or otherwise.
5. I/We HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. EACH OF 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 or State 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 partners(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 parents(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on his 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 WTHOUT 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.
TERMS AND CONDITIONS OF MEMBERSHIP AGREEMENT
Under this agreement, no mandatory payments shall be due to anyone, including any purchaser of any note associated with or contained in this agreement, in the event the martial art studio at which the agreement is entered into ceases operation and fails to offer an alternate location, substantially similar, within 10 miles.
• Buyer certifies that he/she and/or his/her child/children are in good health.
ADDITIONAL TERMS AND CONDITIONS
WARNING: If you have a history of heart-related disease, you should consult a physician before purchasing a membership and joining the exercise/martial arts studio program. A person entitled to membership privileges under this agreement who has a history of heart-related disease also should consult a physician before utilizing the facilities of the Seller.
LAW APPLICABLE: Georgia state law governs this agreement.
INVALID PROVISION: The provisions of this agreement are severable. If any provision of this agreement is declared unenforceable, it is the intention of all parties to this agreement that the remainder of the Contract will be valid and enforceable.
ENTIRE AGREEMENT: If there are more than one of you signing this agreement, each of you la individually responsible to fully perform all obligations under this agreement. It is your responsibility to know whether this agreement is in default or that payments have been missed.
RULES AND REGULATIONS: I understand that violation of the rules may cause my membership in the martial arts studio to be immediately terminated at the discretion of the Seller. In the event of termination of my membership by Seller for rule violations, my liability for any payments occurring after the date of my membership termination shall Cease. Seller reserves the right to make additional rules and regulations.
MEDIA IMAGE USAGE CLAUSE: By signing this agreement, receipt for which is hereby acknowledged, and for the opportunity to participate in the above-identified video program produced by SMAA, Inc/Smith’s Martial Arts Academy, I agree that the program(s) may be broadcast and distributed without limitation through any means and I shall not receive any compensation for my participation. I confirm that any and all material furnished by me for this program is either my own or otherwise authorized for such use without obligation to me or any third party. I also agree to the use of my name, likeness, portrait or pictures, voice and biographical material about me for educational, program or series publicity and organizational promotional purposes. I further agree that my participation in the program confers upon me no rights to use, ownership or copyright. I release SMAA, Inc/Smith’s Martial Arts Academy, its employees, agents, and assigns from all liability which may arise from any and/or all claims by me or any third party in connection with my participation in the program(s). It is understood that SMAA, Inc/Smith’s Martial Arts Academy is under no obligation to broadcast the above-identified program(s) or series.
NOTICE TO BUYER: (A) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. (B) YOU ARE ENTITLED TO AN EXACT COPY OF THE PAPER YOU SIGN; YOU HAVE RECEIVED A COMPLETED COPY OF THIS AGREEMENT WITH DISCLO-SURES MADE IN COMPLIANCE WITH FEDERAL AND STATE LAW.