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WAIVER
This WAIVER is made this {sign_date} (the “Effective Date”).
FROM: (Full name of participant or parent or guardian in case of minor) (the “GUEST”)
TO: LONDON MARTIAL ARTS CENTRE (the “OPERATOR”)
I wish to access and use, and have any guest or invitee of mine, including children under the age of eighteen (18) years, (collectively the “PARTICIPANTS”) access the OPERATOR's instructional courses and use OPERATOR’s training equipment, including, but not limited to belts, elastic ropes, gloves, sticks, striking dummies, throwing weapons, plum blossom poles and nunchaku (collectively or individually referred to as the “EQUIPMENT”) located at 190 Wortley Road, Unit Lower Level 4, London, Ontario N6C 4Y7 (the “PREMISES”).
I AM AWARE THAT THE USE OF THE EQUIPMENT AND ENTRY IN THE PREMISES INVOLVES VARIOUS RISKS, DANGERS AND HAZARDS, including but not limited to the risk of serious injury or death, and negligence on my part, which includes failure to take reasonable steps to safeguard or protect PARTICIPANTS from injury or from risks, dangers and hazards of participation in activities involving the access to or use of the Equipment on the PREMISES. I AM AWARE THAT THE PARTICIPANTS MAY HAVE DIRECT PHYSICAL CONTACT WITH OTHER STUDENTS, and may be placed in potentially hazardous conditions. I understand that it is my responsibility to learn about and understand the risks, dangers and hazards of participating in activities involving the EQUIPMENT and that I may contact OPERATOR staff if I require more information on these risks, dangers and hazards.
I UNDERSTAND, ACCEPT AND ASSUME ALL SUCH RISKS TO WHICH PARTICIPANTS MAY BE EXPOSED, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, AND ASSUME ALL RESPONSIBILITY FOR ANY SLIPS, TRIPS AND FALLS, BURNS, INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING FROM ACCESS TO AND USE OF THE EQUIPMENT ON THE PREMISES.
In consideration for the OPERATOR’s approval of the PARTICIPANTS access to and use of the EQUIPMENT, I hereby agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the OPERATOR, its directors, officers, employees and representatives (all of whom are referred to collectively as the “RELEASEES”);
TO FREELY ASSUME ALL RISK OF LOSS (INCLUDING DEATH) OR DAMAGE OR INJURY, collectively called “LOSS”, to the PARTICIPANTS and/their heirs, next of kin, executors, administrators, assigns and/or representatives, to the EQUIPMENT, and to our respective property;
TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY LOSS that PARTICIPANTS may suffer or that PARTICIPANTS next of kin, executors, administrators, assigns and/or representatives may suffer, or that our respective property may suffer as a result of participation in classes or use or proximity to the EQUIPMENT due to any cause whatsoever, INCLUDING AN ACCIDENT, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE;
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of, or personal injury to, or costs of, any third party, resulting from PARTICIPANTS participation in classes, use of the EQUIPMENT, or entry to the PREMISES, and I expressly assume all responsibility and liability for all such claims;
I agree that all indemnities herein shall be full and complete indemnities, including reimbursement of the RELEASEES legal costs on a full, not partial or substantial, indemnity basis;
I agree that this Waiver shall ensure to the benefit of and be binding upon myself and each of my respective heirs, executors, administrators, legal personal representatives, successors and assigns; and
In entering into this Waiver, I am not relying upon any oral or written representations or statements made by the RELEASEES other than what is set forth in this Waiver.
I agree that the OPERATOR or any party designated by OPERATOR may photograph or film me while I attend the premises of OPERATOR and use of any and all such photos, video footage and/or video streaming for promotion, sales, publicity and advertising purposes for all media, including, but not limited to, the internet.
ACKNOWLEDGMENTS
I ACKNOWLEDGE that I have adequate health insurance or other liability insurance to cover any injury which may occur to the PARTICIPANTS from their participation in classes and use of the EQUIPMENT.
I ACKNOWLEDGE the Safety Instructions and Rules set out in Schedule “A” hereto and agree to abide by the same. I agree to ensure that all PARTICIPANTS follow the Safety Instructions and Rules set out in Schedule “A” hereto with respect to their use of the EQUIPMENT.
I ACKNOWLEDGE that I and all PARTICIPANTS will follow the current COVID-19 guidelines as it relates to social gathering restrictions, distancing and outdoor activities at the PREMISES.
I ACKNOWLEDGE that I have been given the opportunity to read this Waiver and the Schedules before signing it, that I have in fact done so, that I FULLY UNDERSTAND THE CONTENTS OF THIS WAIVER AND THAT IT RESTRICTS SOME OF MY LEGAL RIGHTS AND EXTENDS SOME OF MY LEGAL LIABILITY, and that I am signing this Waiver voluntarily. This Waiver shall continue to be binding for so long as I or any of the PARTICIPANTS continue to participate in classes offered by the OPERATOR, use of the EQUIPMENT, be in proximity of the EQUIPMENT or during any subsequent visits or return to the PREMISES.
IN WITNESS WHEREOF, the Guest has executed this Waiver on the Effective Date above.
Schedule “A” - Safety Instructions & Rules
All users must abide by the Safety Instructions and Rules at all times.
- All PARTICIPANTS in the PREMISES or using the EQUIPMENT must be over 3 years old or 36 inches tall. To ensure the safety of PARTICIPANTS, any label warnings on the EQUIPMENT must be adhered to at all times by the PARTICIPANT.
- Other than water, no food, drink or chewing gum on or around the EQUIPMENT or at the PREMISES, unless on areas indicated for that.
- No alcohol, cannabis, or related products allowed on the PREMISES.
- Scarfs, dangling jewelry and badges must be removed prior to class. Long hair must be tied back. Pockets of clothing must be empty.
- No smoking on, in or around the PREMISES.
- No climbing, hanging or sitting on the EQUIPMENT.
- No roughhousing, somersaults, reckless jumping, pushing or pulling of other PARTICIPANT while using while in the PREMISES.
- No jumping on to or off of any steps in the PREMISES, unless otherwise instructed.
- No pets (except service animals), toys or sharp instruments are allowed in the PREMISES.
- No alcoholic beverages or recreational drugs are permitted to be consumed on or prior to class or the usage of any EQUIPMENT on the PREMISES.
- No one with any history of back, knee or neck injuries shall enroll in class or use the EQUIPMENT, unless otherwise cleared by a qualified medical professional.
- Persons susceptible to injury from falls, bumps and bruising are not permitted to enroll in classes or use the EQUIPMENT at any time.
- PARTICIPANTS with health issues, or who are pregnant, should not enroll in classes or use the EQUIPMENT without the written advice from a qualified medical professional.
- PARTICIPANTS must always comply with all OPERATOR staff instructions, posted rules in the PREMISES, and instructions on any EQUIPMENT.
- If any accident occurs, the PARTICIPANTS must notify Operator staff immediately.
I ACKNOWLEDGE that I have been given the opportunity to read this Schedule A in its entirety, that I have in fact done so, that I FULLY UNDERSTAND THE CONTENTS OF THIS SCHEDULE A.
