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LIABILITY WAIVER/RELEASE AGREEMENT

VOLUNTARY PARTICIPATION

Participation in any of the martial arts activities being provided by the Palm Martial Arts Academy is only possible if the participant or participant’s parent or guardian accepts and signs the following waiver of liability, which releases the Palm Martial Arts club, its owner its heirs or assigns, instructor(s) whether instructor is a guest or permanent instructor their heirs or assigns, club agents their heirs or assigns and lessees of premises of club site their heirs or assigns from all civil and criminal liability for any incidents related to training at the club or when attending any club sponsored or club related events or any event which a participant (adult or minor) chooses to undertake and represent the club regardless of whether those activities or events occur on or off the club premises.

AFFIRMATION OF PARTICIPANTS GOOD HEALTH

Participant/Parent or Guardian affirms that he/she or their minor child is in good physical condition and mental health and is aware that all physical activities, especially those related to martial arts training can lead to serious permanent injury, dismemberment or even death. Participant or participant’s parent or guardian affirm that he/she were informed by the owner or agents of the (Palm) Pines Martial Arts, LLC club that it is strongly recommended that each participant including minor participants seek medical clearance to participate in any of the various programs offered by the club prior to signing up for any martial arts activities being offered by the club. The participant or parent of any minor participant agrees to inform any of the club staff if their medical condition or that of their minor child no longer warrants their participation in any of the club martial arts activities and that the participant or parent of any minor participant agrees to voluntarily withdraw themselves or their minor child if a health issue shall arise. The participant or parent of any minor participant understands that any participation in the various martial arts programs being offered at the club is completely voluntary with the knowledge that great physical and mental health risks are associated with participation in such activities. The participant or parent of a minor child participating in any club activities understands that the club its agents, heirs or assigns are not responsible for covering any health care or disability costs that arise from participation in any of the various martial arts programs being offered by the club.

ACKNOWLEDGMENT OF RISK UNDERTAKEN

The participant or parent/guardian of a minor participant affirms that he/she understands that participating in any of the martial arts activities being offered by the club could lead to permanent serious injuries, dismemberment or even death and fully understands that such injuries could lead to serious permanent consequences that can have lasting effects upon the participant’s life. The participant or parent/guardian of a minor participant affirms that he/she or their minor child’s heirs or assigns release the club’s owner, its agents as well as their heirs or assigns from any civil or criminal liability related to any injury or death that may occur as a result of the participant’s or minor child’s completely voluntary participation in the martial arts programs offered by the club. The participant or parent/guardian of a minor participant affirms that he/she are aware that serious permanent injuries or even death could result from actions taken by other participants who are members of the club regardless of whether such member is a permanent member or guest of the club regardless of whether such actions are negligent or reckless. If the participant or the parent/guardian of a minor participant notice any negligent,  reckless or harmful behavior being displayed by other club members they agree to notify the club owners or its agents of such behavior and such participant or parent/guardian of minor participant understand that they have the right to voluntarily withdraw themselves or their minor child from any club activities if they feel safety at the club has been compromised.

Each of the undersigned acknowledge that injuries received by any club participant may be compounded or increased by rescue operations or rescue procedures undertaken by the club owners or its agents and agrees to hold the owner or its agents their heirs or assigns harmless for any injuries associated with such rescue operations or procedures.

MARTIAL ARTS PROGRAMS OFFERED BY SCHOOL

The participant and parent/guardian of minor participant acknowledge that despite the club’s name including the specific martial art known as Brazilian Jiu-Jitsu, the club offers several classes in other martial arts disciplines such as but not limited to Mixed Martial Arts, Kick-Boxing, Wrestling, Boxing and Judo. The participant and parent of minor participant voluntarily acknowledge they are releasing the club owner, its agent or their heirs and assigns from any civil and criminal liability related to any injuries or death that may occur from participating in any of the martial arts programs offered by the club.

INSPECTION OF FACILITIES

The participant or parent/guardian of minor participant acknowledges that he/she has inspected the club’s facility and any equipment used and deems them fit for use or participation. If the participant or parent/guardian of minor participant deems any of the club’s facilities or equipment unsafe they will immediately notify the club’s owner or agent of such hazard. The participant or parent/guardian of a minor participant

acknowledges that he/she has the right to voluntarily withdraw themselves or their child from any and all club activities if they feel the club’s facility or equipment is deemed unsafe. 

INDEPENDENT ACTIVITIES

The participant or parent/guardian of a minor participant acknowledges that certain activities occur without any owner or instructor supervision and agree to hold harmless the owner his agents their heirs or assigns from any civil or criminal liability that may occur as a result of such activity. Such activity includes but is not limited to pre-class warm ups, post class independent martial arts activity or any independent physical activity undertaken by participants at the club site while classes are not in session. It is clear to all participants and parents/guardians of minor participants that any such activity undertaken outside of any class time is taken at their own risk. 

OFF SITE CLUB SPONSORED OR INDEPENDENT TOURNAMENT OR ACTIVITIES

The participant or parent/guardian of a minor child participant acknowledge that this agreement also covers any injuries or deaths that occur at any off-site tournaments or activities undertaken by any club participants who voluntarily choose to represent the club, its owner or agents regardless if they are sponsored or sanctioned by the club and that undertaking in any off site martial arts event or martial arts related activities include the same inherent risks as the martial arts activities that take place at the club site and that undertaking in such off site martial arts events or martial arts activities is completely voluntary and no compensation is any form shall be expected for such voluntary club representation.

PHOTO/VIDEO RELEASE

On occasion, (Palm) Pines Martial Arts, LLC may use literature, photos and videos to promote the Palm Martial Arts Club to the public. I understand that I will not receive any compensation in any form from the use of my photograph or my photographic likeness and recorded voice.

I hereby consent to the use of my name, photograph, photographic likeness recorded voice and/or image in video that may appear in any publications, promotional posters, flyers, brochures, social media websites, printed or electronic media, in addition to the Palm Martial Arts club website.

STATE LAW AND SEVERABILITY

This liability and waiver release agreement shall be governed by the laws of the state of Florida. If any clause, sentence, paragraph, section or part of this agreement be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof but shall be applied in its operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such judgment shall have been rendered.

ACKNOWLEDGMENT

I HAVE READ THIS WAIVER AND RELEASE, ASSUMPTION OF RISK AND IDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT ON MY OWN BEHALF OR THAT OF MY MINOR PARTICIPANT CHILD AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE.

Participant’s Name:    ______________________________________________________________________________________     

Participant’s Signature:    ___________________________________________________________________________________                      

I am the parent or legal guardian of the minor    ________________________________________________________________, and I am signing this Waiver/Release on behalf of said minor.
Parent/Guardian Name:    ___________________________________________________________________________________     

Parent/Guardian Signature:   ________________________________________________________________________________

Date: ______/_____/_________.                                            Phone: _________________________________________________

Email:     ________________________________________________________________________________________________