Terms & Conditions
THIS IS A WAIVER. PLEASE READ IT CAREFULLY BEFORE SIGNING.
INJURY WAIVER AND PHOTO/VIDEO/AUDIO RELEASE FORM
I. INJURY WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT (“AGREEMENT”)
Martial Arts can be dangerous. Participating is your choice and it is important that you understand the risks.
IN CONSIDERATION of being permitted to participate in any way in Clark’s University of Martial Arts, LLC events, activities, and/or training (“Activity”), I, for myself, my personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of the Activity and that I am in good physical condition to participate in the Activity and suffer no injury, ailment, disability, physical limitation, or impairment that would be aggravated or worsened by the Activity. Furthermore, I pledge to contact a health professional prior to participating in Activity if there is any question of whether it is advisable for me to participate in Activity and to discuss such findings with a Clark’s University of Martial Arts, LLC representative. I acknowledge that I may discuss medical and/or disability coverage with insurance professionals prior to participating in Activity.
2. FULLY UNDERSTAND THAT: (a) THE ACTIVITY INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISKS”); (b) these RISKS and dangers may be caused by my own actions or by the inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE CLARK’S UNIVERSITY OF MARTIAL ARTS, LLC, its respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessees of premises on which Activity takes place, (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, I or anyone on my behalf, makes a claim against any of the RELEASEES, from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
THIS IS A WAIVER. PLEASE READ IT CAREFULLY BEFORE SIGNING.
AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF THE ACTIVITY AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BEIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND FURTHER AGREE IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGE, OR COST ANY MAY OCCUR AS THE RESULT OF ANY SUCH CLAIM.
PHOTO/VIDEO/AUDIO RELEASE: AUTHORIZATION TO USE PHOTOGRAPHS AND/OR AUDIO-VISUAL
I HEREBY ACKNOWLEDGE AND GRANT to Clark’s University of Martial Arts, LLC and its respective successors, assigns, licenses, and agents the perpetual rights without limitation to photograph, film, edit, reproduce, represent, and record voice for any and all legal purposes as determined by Clark’s University of Martial Arts, LLC.
WITHOUT REMUNERATION OF ANY KIND, I HEREBY AUTHORIZE CLARK’S UNIVERSITY OF MARTIAL ARTS, LLC TO USE, REPRODUCE, AND/OR PUBLISH PHOTOGRAPHS AND/OR VIDEO (“MEDIUM”) THAT MAY PERTAIN TO ME, INCLUDING MY IMAGE, LIKENESS, AND/OR VOICE. I understand that this material may be used in various publications, promotional materials, or for other related endeavors. This material may also appear on Clark’s University of Martial Arts, LLC Internet webpage.
I ACKNOWLEDGE that Clark’s University of Martial Arts, LLC is and will be the sole owner of all rights in and to MEDIUM and the recording/photography thereof, for all purposes in perpetuity. I hereby assign any copyright rights, publicity rights, or any other rights that I may have regarding the Medium to Clark’s University of Martial Arts, LLC. I also hereby release the above-named RELEASEES from any and all claims of any nature whatsoever which I could or might have against the RELEASEES by reason of any fact or matter whatsoever.
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