Injury Waiver and Release
In consideration of using the facilities and participating in the activities sponsored by Minnesota Kali Group, LLC (the “Company”), the undersigned understands that he/she must read and agree to the following terms and conditions:
1. I acknowledge that the sport of martial arts involves known and unanticipated risks which could result in physical or emotional injury, death and property damage. Risks include, but are not limited to, death, paralysis, broken bones, torn ligaments, bruises, and other bodily injuries caused by contact with other participants, objects used during martial arts activities, walls, matting or the floor; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated despite the use of safety equipment or training. I understand that such risks exist because of the nature of martial arts activities.
2. I expressly accept and assume all of the risks inherent in the activities sponsored by Company including, without limitation, the risk of death, injury or damage caused by or that might have been caused by (i) the negligence or omission of the Company, its owners, employees, representatives, volunteers or agents, (ii) the negligence of guests, visitors, or persons who may be present at or using the facilities and/or participating in the activities, (iii) falls, slips, collisions or other such accidents that occur while participating in Company’s activities or while using Company’s facilities, (iv) the misuse or failure of equipment, and (v) the negligence or lack of adequate training of Company owners, employees, representatives, volunteers, agents, or landlord(s) who seek to assist with medical or other help either before or after injuries have occurred.
3. I am physically and mentally capable of participating in Company activities or have express medical approval to participate in physical activities of the type normally engaged in a martial arts facility. I agree that, if at any time I believe that the activity conditions are unsafe or that I physically or medically unable to continue participation, then I will immediately discontinue my participation in such activities. I acknowledge that my participation in activities sponsored by the Company are voluntary and I am free to participate or not participate as I see fit. I agree to assume the financial costs associated with any injury (including death) that I may sustain by participating in the Company’s activities or entering Company’s facility.
4. I agree to release, discharge, and not take legal action against the Company, its owners, directors, officers, employees, representatives, volunteers, agents and landlord(s) for injury or damage arising from or relating to my participating in Company activities or presence at Company facilities. Without limiting the generality of the foregoing, I specifically release all such persons from any liability to me, my heirs, assigns or personal representatives for any losses, damages, claims or demands arising out of or relating to my death, injury or property damage, even if such person’s individual or collective negligence contributed to my injury, death or property damage.
5. I agree to indemnify and hold harmless the Company, its owners, directors, officers, employees, representatives, volunteers, agents and landlord(s) from and against any claims, demands or causes of action which arise from or relate to my participation in Company activities or use of Company facilities whether based on negligence or intentional misconduct.
6. I freely and voluntarily assume complete personal responsibility for all risks associated with my participation in Company activities and for death, injury or damage that may occur even if not foreseeable at this time. I realize that by voluntarily assuming the risks involved, I will be solely responsible for my death, injury or damage. I acknowledge that by signing this agreement, a court may conclude that I have waived my right to maintain a lawsuit against one or more parties even if such party was negligent.
7. I represent and warrant that I am 18 years of age or older, or that I am the legal parent or guardian of a minor child and authorized to sign this agreement on behalf of said minor child.
8. If my child or ward is participating in Company activities, I acknowledge and agree that all of the foregoing representations, warranties, agreements, releases, discharges, waivers, and indemnities apply in the event of the injury or death of my child or ward. I take personal responsibility for the death, injury or damage to my child or ward. I take personal responsibility for the death, injury or damage caused or occasioned by my child or ward’s participation in Company activities or presence in Company facilities. I am solely responsible for any death, injury or damage sustained, caused, or occasioned by my child or ward.
PHOTOGRAPHY AND LIKENESS RELEASE
The undersigned hereby consents to having my picture taken and likeness recorded in connection with Company’s website, social media, educational and marketing publications. I give Company and its successors and assignees, the right to use, reproduce, publish or distribute my name, likeness, photograph(s), voice and biographical material about me for educational, publication or marketing purposes without any compensation to me. I understand that Company shall have total and exclusive control over the use of my name, likeness, photograph(s), voice and biographical material about me for the purposes stated herein, and specifically waive any right to inspect or approve any proposed publication, in any medium. I agree that the use of my name, likeness, photograph(s), voice and biographical material about me by Company confers upon me no rights to use, ownership or copyright. I release Company and its owners, directors, officers, employees, agents, contractors (including photographers and videographers) and assigns from all liability which may arise from any and/or all claims by me or any third party in connection with the use and/or publication of my name, likeness, photograph(s), voice and biographical material about me. I acknowledge and agree that I am eighteen (18) years of age or older, or that I am the parent or legal guardian of a minor child and am authorized to execute this release on behalf of my child or ward. If I am executing this release on behalf of my child or ward, I understand, acknowledge and agree that all of the foregoing acknowledgements, agreements, and releases apply to images, likeness, name, voice and biographic materials of my child or ward. I understand and agree that I have no right to compensation for the Company’s use of my name, likeness, photograph, voice or biographical material. I understand that all negatives, positives, prints, digital media files and the like are sole property of the Company. I have read this release thoroughly and understand its terms. I acknowledge and agree that no representation has been made by Company and relied upon by me as to my future income, expenses, sales volume, or potential profitability of future success that may be derived from the use of my name, likeness, photograph(s), voice and biographical material
I have read this Waiver and Release thoroughly and understand its terms. I acknowledge and agree that (i) my, or my child’s or ward’s, participation in Company’s activities, (ii) my, or my child’s or ward’s, use or operation of Company’s facilities and (iii) my execution of this waiver and release form are all purely voluntary and I elect to do so in spite of the risks.
The Minnesota Kali Group
