Unified Krav Maga, LLC
WAIVER AND RELEASE OF LIABILITY: The School urges you and all students to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise class. All exercises, including the use of weights and use of any and all machinery, equipment, and apparatus designed for exercising shall be at the student’s sole risk. Student understands that the agreement to use, or selection of exercise programs, methods and types of equipment shall be student’s entire responsibility, and the School shall not be liable to the student for any claims, demands, injuries, damages, or actions arising due to injury to student’s person or property arising out of or in connection with the use by a student of the services, facilities, and premises of the School. Student hereby holds the School, its officers, owners, agents, facilities where classes are conducted, and employees harmless from all claims which may be brought against them by the student or on student’s behalf for any such injuries or claims.
In consideration of being allowed to participate in any way in the program (hereafter program refers to Bana Martial Arts, LLC, Krav Maga Utah, Unified Krav Maga and all other related programs), its related events and activities, the undersigned, acknowledged, appreciate, and agree that:
In exchange for participation in the classes, seminars, activities, and all other related events and activities organized by or related to Unified Krav Maga, LLC, Krav Maga Utah, Unified Krav Maga, and any and all other related entities and programs (hereinafter “Unified Krav Maga”), I acknowledged, appreciate, and agree for myself and (if applicable) for the members of my family to the following:
I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instruction or direction given by an instructor, employee, representative, or agent of Unified Krav Maga.
I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Unified Krav Maga for injury, loss, or damage arising out of my or my family’s use of or presence upon Unified Krav Maga’s facilities, whether caused by the negligence of myself, my family, Unified Krav Maga, or other third parties.
The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS from practicing, training, sparring, fighting, and any other event associated with such activity by signing this agreement.
I KNOWINGLY AND FREELY ASSUME ALL RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF KRAV MAGA UTAH or others, and assume full responsibility for my participation.
I willingly agree to comply with the stated and customary terms and conditions for participation. If however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the Company immediately; and, I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS, Unified Krav Maga, Krav Maga Utah, Bana Martial Arts, LLC, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lesser of premises used for the activity (“releases”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law; and, This waiver covers free and paid lessons and/or training, including fight training, sparring, and full contact fighting. FIGHT TRAINING IS INHERENTLY DANGEROUS AND THE SIGNEE TAKES FULL RESPONSIBILITY FOR ANY AND ALL INJURIES AS NOTED ABOVE.
I agree to indemnify and defend Unified Krav Maga against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Unified Krav Maga.
I agree to pay for all damages to the facilities of Unified Krav Maga caused by my or my family’s negligent, reckless, or willful actions.
I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that by signing this agreement, I agree that any and all fees I pay are non-refundable.
This agreement and each of its terms are the product of an arms’ length negotiation between the parties. In the event any ambiguity is found to exist in the interpretation of this agreement, or any of its provisions, the parties, and each of them explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a party of this agreement.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
(We/I) give Unified Krav Maga our permission to use our testimonials including any type of (our/my) image (photographic, video, electronic, or Internet, hereafter referred to as image) taken individually or during class times, in any type of advertising you may wish.
(We/I) agree that (our/my) testimonial and image may be used in any form and that you own all rights to (our/my) testimonial and image(s)
I have read this release of liability and assumption of risk agreement, I fully understand its terms AND understand that I have given up substantial legal rights by signing it, and I sign it freely and voluntarily without any inducement.
COVID-19 ADDENDUM TO WAIVER OF LIABILITY
The Undersigned, as a condition of being allowed to receive instruction at Unified Krav Maga, LLC, and participate in activities and events associated with or sponsored by same, hereby agrees to hold harmless Unified Krav Maga, its principals, employees, and members/co-participants with Undersigned. Undersigned hereby waives and forever discharges all claims against any and all said parties which arise or may arise as a result of the Undersigned contracting any infectious disease in connection with participation in any Unified Krav Maga activity, including but not limited to the virus known as COVID-19 or any subsequent or currently existing variant thereof. The Undersigned acknowledges that participating in self-defense classes is an activity that involves participants in close proximity to one another, and that it is impossible to remove all risk of contracting COVID-19 or other diseases. Undersigned acknowledges that the risk of contracting COVID-19 is unknowable, and hereby voluntarily assumes all risk of participating in Unified Krav Maga activities, and agrees that he/she will refrain from participation in any Unified Krav Maga activity if exhibiting symptoms of COVID-19 or other contagious diseases.
RULES AND REGULATIONS: Buyer agrees to abide by all club (Seller’s) rules and regulations whether written or verbal. If Buyer is unaware of specific rules it is Buyer’s responsibility to speak to an instructor regarding rules and regulations that Buyer must abide.
MINOR: All Buyer/members that sign the membership agreement, or waiver shall be assumed to be 18 years of age or older, or in the case of a minor member, that the buyer is the parent or legal guardian of the minor member. By signing any of these forms, Buyer incorporates responsibility of proof of legal age and/or guardianship.
TESTIMONIAL/PICTURES: (We/I) give you and Bana Martial Arts, LLC (Krav Maga Utah dba, Unified Krav Maga) our permission to use our testimonial including any type of (our/my) image (photographic, video, electronic, or Internet, hereafter referred to as image) taken individually or during class times, in any type of advertising you may wish. (We/I) agree that (our/my) testimonial and image may be used in any form and that you own all rights to (our/my) testimonial and image(s).