Granite Bay Martial Arts Center Inc,
DBA THE STUDIO Martial Arts & Fitness
RELEASE and WAIVER OF LIABILITY; PARENTAL CONSENT;
AUTHORIZATION TO USE PHOTOGRAPHS AND/OR AUDIO-VISUAL; AND NON-DISCLOSURE AGREEMENT
I (“Participant”), or as parent/legal guardian on behalf of minor Participant, acknowledge and agree as follows:
IN CONSIDERATION of being permitted to participate in any way in activities or events, including but not limited to participation as a student, member, registrant, or contestant in various classes, such as Taekwondo, Cardio Kickbox, other martial arts, or other fitness classes, or other related activities or events such as promotional rank or other testing, demonstrations, tournaments, summer camps, or any other activity (collectively the
“Activities”) provided or sponsored by, or offered in affiliation with, the Granite Bay Martial Arts Center, Inc DBA THE STUDIO Martial Arts & Fitness (the “Studio”), I hereby certify as follows:
- I ACKNOWLEDGE, agree, and represent that:
- I am a voluntary participant in the Activities;
- I am fully aware of and understand the inherent dangers in participating in activities involving Taekwondo, Cardio Kickbox, other martial arts, other fitness, or any other Activities in which I am requesting to participate, and of the basic safety rules and procedures associated therewith;
- To the extent I am participating in Taekwondo classes, events, or tournaments, I acknowledge and assume the risk that, as a participant in such classes, events, or tournaments, I assume the risk that I will be subject to kicks to various parts of the body, punches to various parts of the body, and general combative techniques, which individually or collectively may result in injury;
- I am qualified, in good health, and in proper physical and mental condition to participate in such Activities, have no known health restrictions that might jeopardize my safety or health or the safety or health of others while participating in the Activities, have not been advised by any doctor, coach, or trainer not to participate in the Activities for any medical or other reason, and any medical consent or release to participate in the Activities is solely my responsibility to attain;
- It is solely my responsibility to communicate any physical, mental or medical conditions that may affect my participation in the Activities that I am participating in;
- The Activities may be conducted in various venues and facilities and in close association and/or contact with others over whom the Studio has no control;
- The Activities may involve travel (local, domestic, and/or international);
- Neither the Studio nor the organizers or sponsors of any of the Activities, including but not limited to the United World Taekwondo Association, can guarantee my safety either in conjunction with or
in connection with travel to/from the Activities, and neither the Studio nor any of the organizers or sponsors of any of the Activities will not be responsible for my safety or serve as a guardian of my safety;
- I am responsible for researching and evaluating the risks I may face and am responsible for my own actions while participating in any of the Activities;
- If at any time I believe the conditions of the Activities to be unsafe, I will immediately discontinue further participation in the Activities;
- I will not engage in inappropriate conduct, including but not limited to the use of physical force or verbal abuse, or abuse of the customs or mores of the community, and will adhere at all times to any and all policies, rules, regulations, or codes of conduct adopted or communicated by the Studio; and
- The Studio, in its sole discretion, may terminate my participation in any of the Activities at any time, including during the event or activity, if I engage in inappropriate conduct or my behavior is deemed detrimental to the best interest of the activity or event, or due to health or safety considerations. Such termination shall not diminish or otherwise alter my obligation to make any payment required for the Activities, not shall the Studio be required to make any refund.
- I FULLY UNDERSTAND that: (a) THE ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY
INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND/OR DEATH (“Risks”); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the conditions or facilities in which the Activities take place, and/or THE ACTIONS OR INACTIONS OR OTHER NEGLIGENCE OF THE RELEASEES NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC
LOSSES either not known to me or not readily foreseeable at this time, including but not limited to injury, damages, or losses related to traffic accidents, assault, theft, dangerous conditions or property, or otherwise, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I may incur as a result of my participation in one or more of the Activities.
- I ACKNOWLEDGE AND AGREE that the Studio, as well as its respective owners, administrators, directors, agents, officers, members, volunteers, employees, other participants or students, coaches, sponsors (including but not limited to the United World Taekwondo Association), advertisers, medical staff, and, if applicable,
owners and lessors of premises at or on which the Activities take place (each a “RELEASEE” and collectively the
“RELEASEES”), MAY NOT BE HELD LIABLE IN ANY WAY FOR ANY OCCURRENCE OR EVENT IN CONNECTION
WITH THE ACTIVITIES WHICH MAY RESULT IN INJURY, DEATH, OR OTHER DAMAGES TO ME OR ANY MEMBER
OF MY FAMILY. ACCORDINGLY, I HEREBY RELEASE EACH OF THE RELEASEES FROM ANY AND ALL LIABILITY,
CLAIMS, DEMANDS, LOSSES, INJURIES OR DAMAGES CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN
PART BY THE NEGLIGENCE OR OTHER ACTIONS OR INACTIONS OF A RELEASEE IN CONJUNCTION WITH OR IN AY WAY RELATED TO THE ACTIVITIES, INCLUDING BUT NOT LIMITED TO INJURIES OR DAMAGES RESULTING FROM NEGLIGENT FIRST AID, MEDICAL CARE, OR RESCUE OPERATIONS.
- I FURTHER ACKNOWELDGE AND AGREE that the Releasees assume no responsibility for any damages, losses, or other liability for any injury or other loss that may be caused by my own negligence or willful acts committed prior to, during or after participation in any of the Activities;
- I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND
INDEMNITY AGREEMENT I, or anyone on my behalf, makes any claim or demand against any of the RELEASEES, I WILL DEFEND, INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or any other cost which any may incur as a result of such claim or demand.
- I HEREBY GRANT PERMISSION for trained medical technicians to provide first aid to me in the event of an injury in conjunction with any of the Activities, and that all medical technicians shall be considered a Releasee hereunder. I hereby accept any and all financial obligations incurred as a result of such immediate medical treatment and subsequent related costs, and agree to indemnify and hold the Studio harmless for any such costs.
- I AUTHORIZE the Studio and its subsidiaries, licensees, successors and assigns to use, edit, alter, copy, exhibit, publish, reproduce, or distribute the for any lawful purpose: (i) my name; (ii) my picture, including photographs and motion picture and electronic video images or recordings; and (iii) sound and video recordings of my voice. Such information may be used in any and all media including, without limitation, cable and broadcast TV, Internet, or other social media, for purposes of exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational conferences and in brochures and other print media, or for any other lawful purpose. This permission extends to all languages, media formats and markets now known or hereafter devised. This permission shall continue forever unless I revoke the permission in writing. I further grant the Studio all right, title and interests that I may have in all finished pictures, negatives, reproduction, and copies of the original print or recordings and further grant the Studio the right to give, sell, transfer and exhibit the print or video, or copies thereof, for marketing communications or advertising purposes, as it deems fit. I hereby waive the right to receive any payment or other compensation for signing this authorization, and waive the right to receive any payment or compensation for the Studio’s use of any of the material described above. I also waive any right to inspect or approve photographs, audio, video, multimedia, or advertising prints or recordings, either in their original or edited states, prior to the Studio’s use thereof, or to approve the eventual use to which any of my photos, videos, or voice recordings might be applied.
- I AGREE that my due to my participation in any activity at the Studio, I may have access to, be exposed to, or acquire information about the Studio and Amitis Pourarian’s proprietary system of teaching and unique technique delivery methods. In exchange for my participation at the Studio in any of the activities described above, I agree to not reveal, report, publish, disclose, transfer, or otherwise use the confidential and proprietary information regarding the Studio and Amitis Pourarian’s proprietary teaching system and unique technique delivery methods. To protect against disclosure of the Studio’s confidential and trade secret information in this regard, I further agree that, while I am a participant at the Studio, and for two (2) years following termination of my participation at the Studio, I will not call on, solicit, or attempt to take away any from the Studio any customers or potential customers for the benefit of any competitor or potential competitor of the Studio, and will not attempt to solicit or attempt to take away any of the Studio’s employees, contractors, members, leads, or agents for the benefit of any competitor or potential competitor of the Studio.
- This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. The venue for any action arising out of the Agreement shall be the County of Placer, State of California.
BY ACCEPTING THE TERMS AND CONDITIONS, I CERTIFY THAT I AM 18 YEARS OF AGE OR OLDER, HAVE READ
AND UNDERSTAND THE TERMS OF THIS AGREEMENT, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL
LEGAL RIGHTS BY ACCEPTING THIS AGREEMENT, HAVE ACCEPTED THESE TERMS VOLUNTARILY AND WITHOUT
ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND
UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOT WITHSTANDING, SHALL CONTINUE IN FORCE AND EFFECT.
ALTERNATIVELY –
IF THE PARTICIPANT IS A MINOR UNDER THE AGE OF 18 THEN, BY ACCEPTING THESE TERMS AND CONDITIONS, I CERIFY THAT I, THE MINOR'S PARENT AND/OR LEGAL GUARDIAN, HAVE READ AND UNDERSTAND THE ABOVE RELEASE, AND AGREE AND CONSENT TO ITS TERMS ON BEHALF OF MINOR.
I UNDERSTAND THE NATURE OF THE ACTIVITIES AND THE MINOR'S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITIES.
I ASSUME THE RISK ON BEHALF OF MINOR THAT THE ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND/OR DEATH, AND OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES.
I HERBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD
HARMLESS EACH OF THE RELEASEES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES TO
MINOR OR ANY MEMBER’S OF MINOR’S FAMILY CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER ACTIONS OR INACTIONS OF A RELEASEE IN CONJUNCTION WITH OR IN ANY WAY RELATED TO THE ACTIVITIES.
I FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR'S BEHALF
MAKES A CLAIM OR DEMAND AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSSES, LIABILITY, DAMAGE, OR ANY COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
I FURTHER AGREE THAT TO THE EXTENT I BECOME PRIVY TO THE STUDIO AND AMITIS POURARIAN’S
PROPRIETARY SYSTEM OF TEACHING AND UNIQUE TECHNIQUE DELIVERY METHODS THROUGH MY OBSERVATION OF MY MINOR CHILD’S PARTICIPATION AT THE STUDIO, I WILL BE BOUND BY THE NONDISCLSOURE AND NON-SOLICITATION PROVISIONS IN SECTION 8 OF THE AGREEMENT ABOVE.
Signed effective the date of electronic acceptance of the Terms and Conditions.