Due to the martial nature of this training program, your electronic signature
on the following release and agreement is required.
Release and Waiver of Liability and Indemnity Agreement
YOU MUST READ EACH OF THE FOLLOWING STATEMENTS.
ACCEPTANCE OF THIS DOCUMENT INDICATES AGREEMENT WITH EACH AND EVERY STATEMENT.
In consideration of being permitted to participate in any way in the Martial Arts Program indicated below, the adult participant or parent/guardian of the participant named below agrees:
- I fully understand and acknowledge that:
- This is a martial art. There are risks and dangers associated with participation in San Diego Longsword and Chivalry Today martial arts events and activities which could result in bodily injury, partial and/or total disability, paralysis, and death.
- The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
- 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.
- I fully understand and acknowledge that it is my responsibility to inspect the facilities and equipment I will use in conjunction with this online training. 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 or equipment and immediately stop participation.
- I 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 creators of this membership site.
- I hereby release, waive, discharge, and covenant not to sue the San Diego Longsword and/or Chivalry Today, including its owners, managers, promoters, lessees of premises used to conduct related in-person martial arts events or programs, premises and event inspectors, underwriters, consultants and others who give recommendations, 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, volunteers, all for the purposes herein referred to as “Releasee”, from all liability to the undersigned, 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) cause or alleged to be caused in whole or in part by the negligence of the releasee or otherwise.
- I hereby acknowledge that the activities are dangerous and involve the risk of serious injury and/or death and/or property damage. I also expressly acknowledge that injuries received may be compounded or increased by negligent rescue operation or procedures of the releases.
- I give full permission, in perpetuity, for media, including but not limited to audio, photographs, and video, to be taken of me and/or my child during martial arts programs, classes, and events, and to be used in promotion of the program and/or the event spaces. 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.
- I further expressly agree 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.
- I execute 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.
- I expressly waive, release and discharge San Diego Longsword and Chivalry Today 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 a result of participation in San Diego Longsword and/or Chivalry Today programs and/or any related activities. I assume all risk for participation in San Diego Longsword and Chivalry Today program activities and understand that the Released Parties are not responsible for determining a participant’s fitness to participate.
- The responsibility for the assessment of all risks associated with all San Diego Longsword and Chivalry Today 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 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 Chivalry Today and/or San Diego Longsword or its affiliate(s) is also mine alone. I understand San Diego Longsword does not provide accident/health insurance and further understand it is my responsibility to provide such coverage. I give permission to the San Diego Longsword and Chivalry Today staff and volunteers to provide emergency treatment and arrange for transportation to an emergency center for treatment.
- I understand that participation in the San Diego Longsword and Chivalry Today Historical Fencing Program is also contingent upon my possession of primary coverage through a health insurance policy of my own.
- 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.
- I understand that while instructors may announce a requirement of certain protective gear for certain activities, I always have the option and responsibility to add protective gear that I consider necessary or desirable. I further understand that if I do not provide my own safety equipment, I should not participate in some of the class activities. Personal protective equipment is NOT included as part of the San Diego Longsword Online membership program.
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 AGREEING TO IT, AND HAVE AGREED TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY AGREEMENT TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.