Consent & Indemnification

For all individuals who access any information produced by sifu Wayne, Wai's Kung Fu, or anybody even remotely affiliated with sifu Wayne or Wai's Kung Fu. 

 

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 LITIGATION RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WTHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. 

 

Note: We respect the privacy of your email address and will use it only for customer service and account notifications. You will not receive unsolicited advertisements. Other organizations will not receive your personal information or email address for any reason.

 

IMPORTANT-­‐ Plain language consent

 

We teach kung fu, which can be physically and mentally strenuous. I understand I may get injured. I will not take legal action against anybody for anything -­‐ even if it’s their fault. I will not intentionally be disruptive. I will not break things. I will not try to hurt other people. I can be kicked out or have other action taken against me if the instructor or other students feel I am acting badly, and I will not get my money back.

 

I, the undersigned (Participant), do hereby voluntarily access martial arts instruction from Sifu Wayne and Wai’s Kung Fu LLC.  I hereby acknowledge that my access or participation in any activities may result in injury to myself and I assume all responsibility for any and all damages, injuries or losses that I may incur while participating.  I warrant that I am in good health and physical condition with no medical condition, physical impairment, or any other physiological or psychological condition that may be aggravated by engaging in such activities. 

 

In consideration of being permitted to access this information and participate in any way in the services offered by sifu Wayne and Wai’s Kung Fu LLC and/or being permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the general public is prohibited or any grounds chosen for the provision of services), the participant named below agrees:

 

1. Prior to participating in the below martial arts activity or event, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate.  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 and REFUSE TO PARTICIPATE further.

1. I/We fully understand and acknowledge that:

   1. There are risks and dangers associated with participation in martial arts events and activities which could result in bodily injury partial and/or total disability, paralysis and death.

   2. The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.

   3. 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.

   4. There may be other risks not known to us or are not reasonably foreseeable at this time.

2. I/WE accept and assume such risks and responsibility for all 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 the Releasees named below.

3. I/We HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the martial arts facility used by the participant, including it owners, managers, promoters, lessees of premises used to conduct the martial arts event or program, 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, all for the purpose herein referred to as “Releasee”…From all liability to the undersigned, my/our personal representatives, assigns, executors, heirs and next to kin 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 events(s) caused alleged to be caused in whole or in part by the negligence of the releasee or otherwise.

4. I/We HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage.  Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.  

5. EACH OF THE UNDERSIGNED further expressly agrees 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 hereby indemnify and save harmless and remise, release and forever discharge the Wai’s Kung Fu LLC, Centreline Solutions Incorporated, and all its directors, employees, assistants, agents, helpers and their heirs, executors, administrators, successors and assigns and all estates and effects, as well as the person or persons who caused said injury or damage and all other participants, their heirs, executors, administrators, successors and assigns and each of their estates and effects, from any and all actions.  I further waive any and all rights, claims, causes of action or otherwise, I may have against any of these persons or entities.

6. On behalf of the participant and individually, the undersigned partners(s) and/or legal guardian(s) for the participant executes this Waiver and Release.  If, despite the release, the participant makes a claim against any of the Releasees, the parents(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.

7. I/WE agree not to cause injury, attempt to cause injury, or assault in any way, any other person or other person’s possessions.  Nonconformance with this term may result in immediate cancellation of services without refund for fees paid.  If, in the sole discretion of the Wai’s Kung Fu LLC, there is a perception that a participant may breach this term, the Wai’s Kung Fu LLC has may cancel services immediately and without refund for any fees paid.

8. Any dispute relating in any way to your visit to Wai’s Kung Fu LLC, services provided, products purchased or any other decisions made by the Wai’s Kung Fu LLC shall be reviewed and final decision made by the directors of Wai’s Kung Fu LLC.  Prevailing decisions are final and not subject to further dispute., or claim.  

9. Wai’s Kung Fu LLC, its affiliates and suppliers take your privacy seriously. We will not sell or give your information to any other third party.  Wai’s Kung Fu LLC will not send unsolicited communications for the purposes of sales or marketing.

10. These terms are effective unless and until terminated by either you or Wai’s Kung Fu LLC.  You may terminate this Agreement at any time, provided that you discontinue any further participation.  Wai’s Kung Fu LLC also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you participation, if in Wai’s Kung Fu LLC's sole discretion you fail to comply with any term or provision or intents of this Agreement.  This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.  The failure of Wai’s Kung Fu LLC to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Wai’s Kung Fu LLC's rights with respect to such breach or any subsequent breaches.  This Agreement shall be governed by and construed under Wai’s Kung Fu LLC’s provincial or state law as such law applies to agreements between residents entered into and to be performed within Wai’s Kung Fu LLC’s province/state.  Any action or proceeding arising out of or related to this Agreement must be brought in the province/state or federal courts of Wai’s Kung Fu LLC’s location.

11. I give permission for photos of me to be used for promotional purposes, at the discretion of The Wai’s Kung Fu LLC.  I release all rights and claims to monies for images of me.

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