Waiver

WARNING:  THIS IS A BINDING LEGAL DOCUMENT.  YOU SHOULD READ THIS DOCUMENT BEFORE SIGNING .  YOU HAVE THE RIGHT TO CONSULT AN ATTORNEY PRIOR TO EXECUTING THIS DOCUMENT.  YOUR SIGNATURE ON BEHALF OF YOURSELF, OR AS PARENT OR GUARDIAN OF A MINOR CHILD, MAY SUBSTANTIALLY AFFECT YOUR LEGAL RIGHTS OR THE RIGHTS OF THE CHILD, AND WILL BE CONSTRUED AS AN ACKNOWLEDGMENT ON YOUR PART THAT YOU HAVE READ THIS INSTRUMENT, UNDERSTAND IT, AND AGREE TO ALL OF THE TERMS AND CONDITIONS.

 

1.                 Acknowledgment of Risk and Assumption of Risk.  I, the undersigned, understand that I am asking the SANTA BARBARA JUJITSU KAI, its employees, agents and principals, and the American Judo and Jujitsu Federation  ( hereinafter Instructors, whether one or more), to furnish Judo and Jujitsu instruction to MYSELF (hereinafter "Participant").  I have had explained to me the dangers inherent in participation in the practice of Judo and Jujitsu. I hereby represent that I am aware of these risks and that the Participant is fully capable of participating in the practice of Judo and Jujitsu and has no mental or physical disabilities or handicaps that would put the Participant in danger of injury by so participating  in the practice of Judo and Jujitsu, which involves intense physical contact.  In the event that any such mental or physical condition may become known to me in the future, I agree to promptly notify one or more of the Instructors of this fact.

 

I acknowledge and fully understand that Judo and Jujitsu is a physical contact sport and that the Participant will be engaging in activities that might result in serious injury, Including permanent disability or death, and severe social and economic loss due to not only the Participants own actions, inaction or negligence, but also the action, inaction or negligence of others, the rules of Judo and Jujitsu, or  conditions of the premises in which Judo and Jujitsu instruction or competition may take place, or of any equipment used.  Further, I acknowledge that there may be other risks  not known to me or Participant at this time  or not reasonably foreseeable at this time.  Knowing the dangers and risks associated with participation in the sport of Judo and Jujitsu, I hereby voluntarily assume the risk of the Participant  which may be involved in the practice of Judo and Jujitsu and accept personal responsibility  for the damages which may follow any possible injury, permanent  disability  or death.  This assumption of risk is made voluntarily and without any outside promise, inducement or threat.

 

2.                 Permission to Provide Emergency Care.  In the case of injury to the Participant, while participating in Judo and Jujitsu instruction or competition, the Instructors are here granted permission to have a doctor, nurse, athletic trainer or other medical emergency personnel provide the Participant with medical treatment for such injury.

 

3.                 Release and Waiver of Liability.  In consideration of the right of participation and the benefits accruing to Participant by virtue of Judo  and Jujitsu instruction, which consideration is hereby acknowledged and confessed to be adequate, I release, waive, discharge and covenant not to sue the American Judo and Jujitsu Federation, SANTA BARBARA JUJITSU KAI, other participating Judo and Jujitsu organizations, their affiliated clubs and schools, their respective administrators, directors, agents, coaches, and other employees or volunteers of the organization, event officials, medical personnel, other Participants, their parent(s), their guardian(s),  supervisors, and coaches, sponsoring agencies, sponsors, advertisers, and, if applicable, owners, lessors and lessees of premises used to conduct a class or event, all of which are referred to as "Instructors", from any and all claims, demands, losses, or damages on account of injury, including permanent disability and death or damage to property, caused or alleged to be caused in whole or in part by the negligence, malfeasance and nonfeasance of the  Instructors.

 

4.                 Right of Instructors to Deny Participation.  It is agreed that the Instructors shall have the right at any time, and in their sole discretion, to deny any Participant the right of participation in Judo and Jujitsu instruction or Judo and Jujitsu competition.

 

5.                 Agreement For Instructors' Fees.  In consideration for Judo and Jujitsu instruction and the right to participate in Judo and Jujitsu competition,  the Participant, or parent or guardian, hereby agree(s) to pay the SANTA BARBARA JUJITSU KAI a monthly fee according to published tuition schedules.  This fee shall be due and payable on the first day of each month. In addition the student agrees to maintain active membership without lapse in the American Judo and Jujitsu Federation. 

 

In the event that the Participant elects not to further participate in Judo and Jujitsu instruction or competition, then notice must be given to the Instructors prior to the first day of the next month of the Participants desire to discontinue with Judo and Jujitsu instruction and competition.  Failure to give timely notice shall cause the next month's regular fee to accrue and become due and payable on the first of the month.

 

6.                 Participant acknowledges the importance of following the rules of SANTA BARBARA JUJITSU KAI and the directives and orders of the Instructors.  Participant agrees to follow all directions and orders given by the Instructors.

 

7.                 Costs and Attorney's Fees in the Event of Litigation.  In the event that litigation should ensue under any terms of this agreement, the Instructors shall be entitled to recover all costs and attorney's fees from the opposing party or its successors and assigns as determined by a court of law.

 

8.                 Affirmation by Parent or Guardian.  I/We the parent(s) or legal guardian(s) of the minor Participant have instructed or will instruct the minor Participant of the terms and conditions of this agreement and its ramifications, and I/We additionally confirm and agree to all of the above statements, conditions, waivers and releases, and consent to the minor's participation.

 

9.                 Merger.  This contract constitutes the entire agreement of the parties and shall not be varied except by a writing signed by both parties.

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