VOLUNTARY AGREEMENT TO RELEASE RIGHTS AND WAIVE LIABILITY
1. ACTIVITIES COVERED
This Agreement is made in contemplation of any and all activities pursued by Student in connection with Krav Maga San Diego, Inc. (“KMSD”) including but not limited to Krav Maga group instruction, private instruction, classes, exercises, warmups, events, demonstrations, seminars, workshops, tests, sparring, simulations, physical contact, transportation to and from KMSD related activities, and other related activities (hereinafter the “Released Activities”). Student further understands that from time to time, Student may be offered the opportunity to participate in other activities not listed above. Student understands and agrees that such activities are also included within the meaning of the term Released Activities.
2. PARTIES BOUND BY THIS AGREEMENT
This Agreement shall be binding on KMSD and Student, and all other persons or entities who may initiate any suit, action, claim, demand, or other proceedings arising out of the Released Activities, including but not limited to Student’s estate, executors, heirs, legal representatives, administrators, successors and assigns.
3. CONTINUING AGREEMENT
The releases, waivers, assumption of risk and covenant not to sue contained in this this Agreement shall continue in full force and effect now and in the future at all times during which Student participates, either direct or indirectly in the Released Activities, and whether Student is participating as an assistant instructor, instructor, student, or in any other capacity.
4. RELEASE OF CLAIMS
Student waives and releases KMSD, Dana Ben Kaplan, all KMSD instructors and students, the property owners/lessors/lessees of all KMSD locations, and each of their respective officers, directors, agents, representatives, servants, employees, and shareholders (hereinafter the “Released Parties”) from any and all liability, claims, demands, actions, or causes of action of any kind arising out of or in any way related to any damages, loss, or injury to Student or Student’s property while participating in the Released Activities and/or using any equipment or premises provided by the Released Parties, whether such damages, loss, or injury results from the active, passive, or gross negligence of any person or entity, or from any other cause.
Student hereby authorizes KMSD, Inc. to use, reproduce, and/or publish photographs and/or video that may pertain to them and/or their minor children who are students — including image, likeness and/or voice, without compensation. I understand that this material may be used in various publications, public affairs releases, recruitment materials, broadcast public service advertising (PSAs) or for other related endeavors. This material may also appear on KMSD, Inc. Internet Website Page(s), Facebook, Instagram, Twitter and other KMSD Inc. social media pages, and those of an event sponsor. This authorization is continuous. Consequently, KMSD, Inc. or an event sponsor may publish materials, use my name, photograph, and/or make reference to me in any manner that KMSD, Inc. or an event sponsor, deems appropriate in order to promote/publicize
service opportunities. All such photos, videos, and other material remain the property of KMSD, Inc. wherever they may appear.
5. ASSUMPTION OF RISK
Student knows, understands, and acknowledges the scope, nature, and extent of the risks involved in the Released Activities and all other related activities contemplated by this Agreement. Student acknowledges and understands that the Released Activities, in particular engaging in Krav Maga are inherently dangerous activities in which there is a risk of serious, permanent bodily injury or death and that no amount of care, caution, instruction, experience, or expertise can eliminate the dangers associated with the Released Activities. Student further understands, and acknowledges that the physical contact essential to Krav Maga further increases the risks inherent in the Released Activities. Student acknowledges that Student has been advised to wear protective equipment and to take all available precautions while engaging in the Released Activities. Student understands and acknowledges that even if Student is an experienced participant in the Released Activities, and does everything reasonably prudent to avoid injury, that serious permanent injury or death may still result from my participation in the Released Activities. Student expressly, voluntarily, and irrevocably assumes all risk of death, personal injury, and/or damage to Student person or property sustained while participating in the Release Activities, whether or not such death, personal injury and/or damage is caused by the active, passive, or gross negligence of any person or entity, including the Released Parties, or from any other cause, to the fullest extent allowed by law.
6. COVENANT NOT TO SUE
Student agrees, on Student’s own behalf and on behalf of Student’s estate, executors, heirs, legal representatives, administrators, successors and assigns, to the extent permitted by law, never to commence, or assist in the initiation or prosecution of, any lawsuit, claim, demand, action, proceeding, or cause of action, against the Released Parties related to the Released Activities or any other activities contemplated by this Agreement.
Released Parties do not provide medical, disability, product liability, life, personal, accident, or general liability insurance for any accident, injury, loss, or death which may arise from the Released Activities. Student waives any and all claims, rights, or benefits Student may have from any insurance policy pertaining to the Released Activities or the Released Parties. Student certifies that Student has adequate insurance to cover any injury or damage Student may cause or suffer while participating in the Released Activities or, if Student does not have such insurance, Student agrees to bear the cost of such injury or damage.
8. CONSENT TO RECEIVE EMERGENCY MEDICAL SERVICES
Although KMSD and the other Released Parties are under no obligation to provide them, Student consents to receive first aid, medical treatment, or any other services rendered to Student in the event of an injury, accident, or illness (hereinafter “Emergency Medical Services”) Student incurs during Student’s direct or indirect involvement with the Released Activities and Student agrees, on behalf of Student, and Student’s estate, executors, heirs, legal representatives, administrators, successors and assigns, to hold harmless the Released Parties from any and all losses, claims, actions, demands, proceedings, or causes of action of any kind and character which may arise directly or indirectly out of Emergency Medical Services provided or sought.
9. STATEMENT OF PHYSICAL CONDITION
Student recognizes that the Released Activities are strenuous, athletic endeavors requiring Student to be in good physical condition, and that even if Student is in good physical condition, Student may suffer physical or mental injuries by participating in the Released Activities. Student certifies that Student is not aware of and does not suffer from any physical infirmities or chronic illnesses which will affect Student’s ability to engage in any Released Activities and that Student is not under treatment for any physical and/or psychological conditions which will affect Student’s ability to participate in the Released Activities. Student hereby attests and verifies that Student is physically fit and that Student’s physical condition has been verified by a licensed medical doctor. Student further certifies that Student assumes the risk of any medical or physical condition Student has now or in the future.
|BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY PARTICIPATION IN THE RELEASED ACTIVITIES, I AGREE THAT I SHALL BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST THE RELEASED PARTIES ON THE BASIS OF ANY CLAIM I HAVE RELEASED OR WAIVED HEREIN. I FURTHER AGREE THAT I FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT AND HAVE SIGNED IT OF MY OWN FREE WILL.
IMPORTANT – YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS. READ THIS AGREEMENT BEFORE YOU SIGN IT!
Copyright KMSD, Inc. 2021