I, The Undersigned , sign this waiver and release as consideration  of being permitted to participate in the activities of the Toledo Historical Swordsmanship Society (THSS) as a guest, member, instructor,  guest instructor, spectator, or in any other capacity/title to participate in the practice of Historical European Martial Arts and other assorted martial disciplines (hereinafter referred to as HEMA). While all participants are expected to help foster a safe and enjoyable learning environment, I acknowledge that there are significant risks associated with a participation in HEMA

With this executed Waiver and Release I hereby forever release, waive, discharge, hold harmless, and indemnify THSS, its officers, organizers, founders, or governing members (hereinafter Releasees) from any and all liability for injury, death, negligence, property loss or damage suffered by me as a result of my participation in the program, or my use of THSS equipment, including travel to and from events or practices, or in any way associated with my participation in all program activities. This Waiver and Release covers liability whether injury, loss, or damage is caused in whole or in part by my fault, negligence or omission; the fault, negligence or omission of the Releasees; and the fault, negligence or omission of any other third party acting on behalf of THSS.

I recognize and fully understand that HEMA is a contact sport involving contact sparring, contact drills, grappling, and wrestling which carry the risk of physical harm. I acknowledge that the possible physical harm I am exposed to in HEMA can include, but is not limited to: Scrapes, Muscle Strains, Bruises, Cuts/Lacerations, Broken Bones, Joint/Orthopedic Damage, Head Trauma, Concussions, Traumatic Brain Injury, Teeth/Dental Damage, Physical Disfigurement, Internal Bleeding, Organ Damage, Blindness, Paralysis, or Death. I additionally recognize that HEMA is sport which requires physical exertion that may cause me medical distress if I am suffering from a medical condition. By signing this release, I declare that I do not suffer from any medical condition that would be aggravated by my participation in HEMA, and this participation does not contradict the advice of a treating physician/medical professional.

I also recognize that THSS, its officers, organizers, founders, or governing members make no warranty about the safety, suitability, or fitness of the facilities used by THSS to conduct practices, matches, exhibitions, or any other events and that injury could be caused by environmental concerns. As such, I do not hold THSS liable for an injury resulting from facility or environmental concerns.

I acknowledge and understand that THSS makes no warranty/guarantee as to the competency of any observer, guest, member, competitor, instructor, guest instructor, spectator if any such person should cause me injury as a result of my participation in THSS activities of any kind. I recognize that such injury could additionally be caused by: defective or broken equipment, unsupervised/inadequate instruction or sparring, disparity of force (height, weight, speed, strength, disability, skill level, numerical superiority etc.), or maturity level.

I agree that this Waiver and Release shall be governed in accordance with the substantive and procedural laws of the State of Ohio waiving all conflicts of law. All disputes arising hereunder shall be brought in the Courts of Lucas County, Ohio and the United States District Court for the Northern District of Ohio. I voluntarily and intentionally consent to the jurisdiction of such courts, agree to waive any and all legal right to argue that either the District Court for the Northern District of Ohio or Courts of Lucas County, Ohio are a forum non-conveniens or that either is an improper venue for enforcement of this Waiver and Release. I further agree to accept service of process by mail, and waive any jurisdictional or venue defenses available to me under Ohio or Federal Rules of Civil Procedure. In the event one or more of the provisions contained herein shall be invalid, illegal or unenforceable in any respect, by an above referenced court, the validity, legality, and enforceability of the remaining provisions contained herein shall not be affected.

I further intend that this waiver and release apply, in its entirety, to my heirs, administrators, executors, assigns, agents, and insurers against all debts, claims, demands, damages, actions and complaints of whatever nature, whether known or unknown, against THSS, arising out of my participation with THSS. I fully assume the inherent risks associated with HEMA and other associated disciplines and assert that I am voluntarily participating in such activities.

To ensure the safety and integrity of all members, the Toledo Historical Swordsmanship Society (THSS) conducts a basic review of publicly available information on prospective members. This may include, but is not limited to, a Google search and review of public records that could identify potential safety concerns.

I certify that I am 18 years of age or older; am legally competent and capable of executing this document on my behalf myself (or that I am the Legal Guardian or Parent of a minor child and am legally competent and capable); and understand that by signing below, I have read this release of liability, fully understand it, and freely and voluntarily sign the same.

In consideration of being permitted to participate in any way in the Martial Arts 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 adult participant named below agrees, or 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 agreed 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:
   1. There are risks and dangers associated with participation in martial arts events and activities which could result in bodilyinjury, partial and/or total disability, paralysis and death.
   2. The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
   3. 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.
   4. There may be other risks not known to us or are not reasonably foreseeable at his 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 theparticipant , including its owners, managers, promoters, lessees of premises used to conduct the martial arts event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engagein 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 purposes 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, DEMANDS, 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 EVENT(S) CAUSED OR 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. I/WE give full permission, in perpetuity, for media, including but not limited to audio, photographs, and video, to be taken of me during martial arts program events, and to be used in promotion of the program. I/WE understand that there will be no compensation for such use, and I/WE release all claims to any and all damages resulting from such use.
7. 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.
8. On behalf of the participant and individually, the undersigned partner(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite this release, the participant makes a claim against any of the Releasees, the parent(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.
9. I expressly waive, release and discharge the HEMA Alliance and any affiliates, officers, employees, representatives, agents, contractors, or volunteers of the above (the “Released Parties”) from any and all claims for damages or injuries that I or the participant may sustain as the result of participation in HEMA Alliance activities. I assume all risk for participation in HEMA Alliance activities, and understand that the Released Parties are not responsible for determining a participant’s fitness to participate.
10. I understand that the Released Parties have made no representations as to the results of participation in HEMA Alliance activities. I understand further that no representations are being made to me as to the professional qualifications, standards, equipment, or safety associated with participation in HEMA Alliance activities.
11. The responsibility for the assessment of all risks associated with HEMA Alliance activities is mine alone, and any damages of any type due to the failures or negligence of others I also accept as my responsibility alone. I assume all attendant risks regardless of my ability to foresee and/or evaluate those risks. The responsibility to be aware of whether a particular activity is an official activity of the HEMA Alliance is also mine alone. I am aware that this information is available to me online and I know where to retrieve this information. The responsibility to understand the effects and limits of any insurance policies associated with participation in HEMA Alliance activities is also mine alone. I am aware that this information is available to me online and I know where to retrieve this information.
12. I understand that the accident coverage portion of the HEMA Alliance insurance policy is secondary to my personal health insurance and I understand what that means. I understand that the HEMA Alliance accident coverage is also contingent upon my possession of primary coverage through a health insurance policy of my own, and that the HEMA Alliance will not submit a claim if I do not have primary coverage. I understand that I am responsible for any deductible payments associated with HEMA Alliance insurance if a claim is submitted for me. I further understand that the submission of any insurance claim is at the sole discretion of the HEMA Alliance.
13. I understand that the liability coverage portion of the HEMA Alliance insurance policy only covers Individual Members of the HEMA Alliance who are categorized as Staff. It is my responsibility to know whether I fall into this category. I am aware that this information is kept by the Governing Council of the HEMA Alliance and I know how to contact the Governing Council to confirm this information.
14. I agree that this waiver and release is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the activities are conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
15. I understand that while instructors may announce a requirement of certain protective gear for certain activities, the student always has the option and responsibility to add protective gear that the student considers necessary or desirable. I further understand that eye protection and other protective gear are always available for students to borrow, and that it is my responsibility to ask for these.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITYAGREEMENT, 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 ALLOWED BY LAW.

Martial Arts School: HEMA Alliance

(PLEASE PRINT ALL INFORMATION CLEARLY)