RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
PLEASE READ CAREFULLY - Initial Here:
To: Rothwell Davies Martial Arts (dba: Pacific Top Team Vernon Brazilian Jiu-Jitsu or PTT Vernon) (the “Owner”)
Member Information (Required):
First Name: {first_name}
Full Name: {name}
Date of Birth: {dob}
Address: {address}
Phone: {phone}
Emergency Contact Name: {contact_name}
Emergency Contact Phone: {contact_phone}
Emergency Contact Relationship: {contact_relation}
DEFINITION
In this Agreement the term “Activities” shall include all activities in any way directly or indirectly related to participation in the martial arts and other related activities offered by the Owner including, but not limited to, activities with other students, staff, or instructors which may include: extreme physical exertion; sparring; physical combat; throwing; wrestling; chokeholds; presser locks; and punching or kicking; and other activities which the staff or instructors may deem suitable for physical training; all of which may result in injuries including but not limited to: soreness; bruising; strained muscles or tendons; sprained ligaments; joint dislocations; unconsciousness; broken bones; paralysis; brain damage and death.
In this Agreement the term “Ward” shall include minor children, or persons under guardianship due to age or incapacity.
ASSUMPTION OF RISKS
I am aware that the Activities involve many risks, danger and hazards, inherent or otherwise, including but not limited to the inherently dangerous nature of physical combat, the failure to use or properly use safety equipment, and the actions of other students. I understand that due to the location in which the Activities occur, medical treatment may not be readily available in the event of an injury or accident. I am also aware that there is a risk of NEGLIGENCE ON THE PART OF THE OWNER OR THE OWNER’S STAFF OR AGENTS, INCLUDING THE FAILURE ON THE PART OF THE OWNER AND ITS STAFF OR AGENTS TO SAFEGUARD OR PROTECT ME OR MY WARD FROM THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES.
I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND THE POSSIBILITY OF MY LOSS OF PROPERTY, PERSONAL INJURY, DEATH OR THAT OF MY WARD AND LOSS RESULTING THEREFROM.
Initial Here:
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Owner agreeing to allow me, or my Ward’s, participation in the Activities, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby agree as follows:
TO WAIVE AND ALL CLAIMS that I have or may have in the future against the Owner and its partners, directors, officers, employees, agents, guides, contractors, sub-contractors, and other representatives (all of whom are hereinafter collectively referred to as “the Releasees”) and to RELEASE THE RELEASEES from any and all liability for any loss of property, other losses, damage, injury or expense that I, or my Ward may suffer, or that my next of kin may suffer as a result of or arising out of my participation in the Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME OR MY WARD FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES REFERRED TO ABOVE;
Initial Here:
TO REIMBURSE THE RELEASEES AND ACCEPT RESPONSIBILITY FOR THE RELEASEES for any loss of property, other loss, damage, expense or liability to any third party, including my Ward, resulting from my or my Ward’s participation in the Activities;
That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
That this Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia;
That any litigation involving the parties to this Agreement shall be brought within the Province of British Columbia.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.
Signature of Member or Guardian:
Date Signed: {sign_date}