I, {name}, wish to enroll and participate in martial arts training, weight & fitness training, and other competitive group sport activities (“Martial Arts Activities”) conducted by SUBHOUNDS MARTIAL ARTS. From time to time, other instructors (including assistant instructors and guest instructors) may participate in martial art & fitness training, teaching, and activities. Student understands and agrees that he or she will be engaging in these Martial Arts Activities with other students, individuals, assistant instructors, guest instructors and instructors who are associated with SUBHOUNDS MARTIAL ARTS (collectively referred to herein as “Participants”). In consideration for permitting the student to enroll and participate in such Martial Arts Activities, the Student, individually or if the student is a minor then as the guardian, parent of next friend on behalf of such minor, and on behalf of his or her personal representatives, executors, administrators, heirs, next-of-kin, spouse and assigns agrees as follows:
1. Student agrees to abide by all rules governing the conduct and operation of instruction, respect other Participants and observers, and conduct themselves in an admirable and appropriate manner both inside and outside the classroom.
2. Students understand and agree that regular attendance is expected and necessary to fully benefit from Martial Arts Activities. Tuition is payable as agreed upon during sign up and is due regardless of the number of classes attended by the student unless alternative plans are worked out between the Student and SUBHOUNDS MARTIAL ARTS.
3. Student understands that he or she is responsible for his or her own safety. Student agrees to wear a mouthpiece, headgear (if doing light striking to the head), and groin protector, as necessary. The student agrees and understands that while SUBHOUNDS MARTIAL ARTS from time to time may have safety gear available, it is the responsibility of the student to provide such safety gear.
4. Students acknowledge that instruction in Martial Arts Activities is for the purpose of self-defense, recreation, fitness, sport, or competition. Given the purpose of this training, Student understands and agrees that physical contact will occur among Participants during Martial Arts Activities and Student agrees to assume all of the risks associated with such training. These risks include but are not limited to striking, kicking, increased heart rate, dehydration, spinal endangerment, choking, joint locks, broken bones, tearing of muscles or ligaments, bruising, injured joints, falling, concussion or other type of cognitive injury, and other types of serious physical injury (herein referred to as “Known Risks”). Student agrees that the inherent-risk doctrine applies to these Known Risks and Martial Arts Activities. Student acknowledges the contagious nature of certain diseases and infections and voluntarily assumes the risk that they may be exposed to or infected by such while participating in Martial Arts Activities.
5. AS PART OF THE CONSIDERATION FOR ALLOWING STUDENT TO PARTICIPATE IN MARTIAL ARTS ACTIVITIES, STUDENT AGREES TO INDEMNIFY, RELEASE, DISCHARGE, WAIVE, DEFEND, HOLDS HARMLESS AND RELINQUISH ANY AND ALL CAUSES OF ACTION OR CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH OCCURRING TO STUDENT AS A RESULT OF OR IN ANY WAY RELATED TO ENGAGING OR RECEIVING INSTRUCTION IN MARTIAL ARTS ACTIVITIES. THIS WAIVER, RELEASE, AND INDEMNIFICATION APPLIES TO AND IS FOR THE BENEFIT OF SUBHOUNDS MARTIAL ARTS AND ALL PARTICIPANTS, AS DEFINED HEREIN. THIS WAIVER AND RELEASE APPLIES TO ANY AND ALL INJURIES OR DAMAGES OCCURRING WITHIN OR ABOUT THE PREMISES, INCLUDING BUT NOT LIMITED TO THE TRAINING FLOOR, LOCKER ROOMS, RESROOMS, LOBBY, SIDEWALKS, AND PARKING AREAS, REGARDLESS OF WHETHER THE STUDENT IS ENGAGED IN ACTIVE TRAINING AT THE TIME OF THE INCIDENT.
STUDENT AGREES THAT THIS RELEASE, WAIVER AND INDEMNIFICATION APPLIES TO THE STUDENT, STUDENT’S HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND ANYONE ELSE ACT BY OR THROUGH STUDENT. STUDENT AGREES THAT UNDER NO CIRCUMSTANCES WILL STUDENT OR STUDENT’S HEIRS, EXECUTORS, PERSONAL REPRESENTATIVES, NEXT OF KIN, SPOUSE, ADMINISTRATORS OR ASSIGNS FILE, PROSECUTE OR PRESENT ANY GENERAL NEGLIGENCE TYPE CLAIM FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH AGAINST SUBHOUNDS MARTIAL ARTS OR ANY PARTICIPANTS, AS DEFINED HEREIN. THIS AGREEMENT TO INDEMNIFY, RELEASE, WAIVE, DEFEND, DISCHARGE AND HOLD HARMLESS THE SUBHOUNDS MARTIAL ARTS AND PARTICIPANTS EXPRESSLY INCLUDES ANY AND ALL CLAIMS, DAMAGES, OR LIABILITY OF ANY KIND FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY OR ARISING FROM THE NEGLIGENCE OF SUBHOUNDS MARTIAL ARTS, THEMSELVES, AS WELL AS ANY PERSON OR PIECE OF EQUIPMENT OWNED AND/OR OPERATED UNDER THE SUPERVISION OR NON SUPERVISION OF ANYONE AFFILIATED OR ASSOCIATED WITH SUBHOUNDS MARTIAL ARTS. TO THE EXTENT A CLAIM FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL IS BROUGHT, FILED OR PRESENTED ON BEHALF OF A MINOR STUDENT, STUDENT’S PARENT, GUARDIAN OR NEXT FRIEND HEREBY EXPRESSLY AGREES THAT BY SIGNING THIS DOCUMENT HE OR SHE AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SUBHOUNDS MARTIAL ARTS OR ANY PARTICIPANTS FROM AND AGAINST ANY AND ALL GENERAL NEGLIGENCE TYPE CLAIMS ASSERTED ON BEHALF OF SUCH MINOR FOR ANY KNOWN RISK ASSOCIATED WITH ENGAGING IN MARTIAL ARTS ACTIVITIES.
BY SIGNING THIS AGREEMENT, STUDENT AND/OR HIS OR HER PARENT, GUARDIAN OR NEXT KIN IS KNOWINGLY AND INTENTIONALLY GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE ON THE BASIS OF NEGLIGENCE INCLUDING SUBHOUNDS MARTIAL ARTS OWN NEGLIGENCE.
STUDENT AND/OR HIS OR HER PARENT, GUARDIAN OR NEXT FRIEND HAS READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT AND HAVE HAD THE OPPORTUNITY SHOULD THEY SO CHOOSE TO CONSULT WITH AN ATTORNEY REGARDING ITS LEGAL EFFECTS. STUDENT’S SIGNATURE CONFIRMS STUDENTS UNDERSTANDING THIS DOCUMENT AND AGREEMENT TO ITS TERMS.
6. SUBHOUNDS MARTIAL ARTS will exercise reasonable judgment, skill and supervision to reduce the likelihood of any such injuries. However, understanding this, Student assumes and accepts such risks and dangers of damage, injury or death inherent in such Martial Arts Activities and agrees to the waiver and release of liability stated above at paragraph 5, and understands and agrees that this is a complete waiver and release of liability of any claim against SUBHOUNDS MARTIAL ARTS and Participants for any injury which may occur in the course of such Martial Arts Activities, even if such injury is caused by negligence. Student acknowledges and agrees that Student has relied completely and solely on his or her own judgment in signing this Agreement and has not relied on any other statement or representation by SUBHOUNDS MARTIAL ARTS concerning the nature and effect of this Agreement.
7. Subhounds Martial Arts is not responsible for any personal property that is lost, stolen, or damaged while on the premises. Students are encouraged to keep valuables at home or secured in their vehicles.
8. Student expressly agrees that the release and waiver of liability, assumption of risk, and indemnity agreement stated herein is governed by laws of the state of Colorado and is intended to be as broad and inclusive as is permitted by Colorado law, and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in an way and shall continue in full legal force and effect. Student agrees that any dispute, claim or causes of action shall be brought and decided in Adams County, Colorado.
8. ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL
-Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration, rather than in court. The arbitration shall be administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
-No Class Actions: The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The parties expressly waive any right to bring or maintain any class action, collective action, or other representative action against one another in connection with any disputes arising out of or related to this Agreement.
-Waiver of Jury Trial: The parties voluntarily and knowingly waive any right they may have to a jury trial in any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, and acknowledge that this waiver is a material inducement to enter into a business relationship, that each party has already relied on this waiver in entering into this Agreement, and that each will continue to rely on this waiver in their related future dealings.
-Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado, without regard to its conflict of law provisions.
-Students agree that all of their contact information and picture may be placed in the database of the SUBHOUNDS MARTIAL ARTS as well as the student’s picture on the SUBHOUNDS MARTIAL ARTS marketing efforts including social media and SUBHOUNDS MARTIAL ARTS website unless the student or parent provides a written request to opt-out of such marketing efforts.
I, the undersigned student (and the student’s guardian, if applicable), have carefully read all of the foregoing and have had the opportunity to fully discuss any questions I may have with a representative of the SUBHOUNDS MARTIAL ARTS including the nature of any risks or dangers associated with such martial arts activities. Having read and understood all of the above, I agree to its terms.
The Student is under age 18 and I am the parent or legal guardian of such student. I have read the foregoing and make this agreement on behalf of such minor student. (Parent of Minor signature if under 18. If not minor, type "NA")
The term "SUBHOUNDS MARTIAL ARTS" means and includes SUBHOUNDS MARTIAL ARTS, their instructors, shareholders, directors, managers, members, partners, principals, investors, staff, trainers, affiliates or affiliated schools, contractors, employees and representatives, as well as additional locations, which may be added in the future from time to time.
{name}
Student Printed Name
Student Signature
{sign_date}
Date
Parent/Guardian Printed Name (Parent of Minor name if under 18. If not minor, type "NA")
Parent/Guardian Signature (Parent of Minor signature if under 18. If not minor, type "NA")
{sign_date}
Date
Subhounds Martial Arts