WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND CONSENT TO MEDICAL TREATMENT (“AGREEMENT & WAIVER”)
PLEASE READ THIS AGREEMENT & WAIVER CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS, AND PROVIDE VOUR INITIALS ON EACH LINE AFTER READING. BY SIGNING BELOW, YOU (ON BEHALF OF YOURSELF OR YOUR MINOR CHILD/WARD AND ANY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS AND NEXT OF KIN) ACKNOWLEDGE, AGREE AND REPRESENT THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTOOD THE DOCUMENT AND AGREE TO ITS TERMS. YOU AGREE THAT IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT & WAIVER, YOU SHOULD NOT PARTICIPATE IN THE TRAINING.
I understand that the Training is a test of my physical and mental limits and an
inherently dangerous activity.
I expressly acknowledge, understand and agree that the activities of the Training involve the risk of serious injury.
I am fully aware of the risks and hazards inherent in participating and I voluntarily, knowingly and freely assume and accept full responsibility for all risks associated with participating in the Training, including, but not limited to, my own actions or inactions (or the actions or inactions of my minor child/ward), the actions or inactions of others, falls, injuries, illnesses, and contact with others.
I understand and agree that it is my responsibility to determine whether I am (or my child’s/ward’s) ability to safely participate in the Training or would make my (or my child’s/ward’s) participation more hazardous. If I am pregnant, disabled in any way or have recently suffered an illness or injury, I should have or did consult a physician before participating in the Training. I agree that if I am not in proper physical or mental condition on the day of the Training or if I have any questions about my ability to safely participate in the Training that I will not participate in the Training.
I acknowledge and agree that the risks associated with the Training are open and obvious and that 1 have been informed and warned of these risks. In addition, 1 agree and understand that attempting or completing any task, technique or any other movement is purely voluntary and I am free to avoid to stop at any time but not be entitled to a refund.
I agree to observe and obey all rules and warnings, to for low any instructions or directions given by School of Arms, LLC through its employees, representatives or agents.
I agree not to consume alcohol or use any medicine or substance prior to or during the Training that will inhibit my mental or physical ability to safely participate in the Training.
I understand and agree that all fees and related purchases are final and non- refundable.
I recognize and acknowledge that there are hazards and risks of physical injury or illness to participants and that not all such hazards or risks can be fully eliminated. 1 freely and voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that I (or my child/ward) may sustain as a result of my (or my child’s/ward’s) participation in the Training, whether or not caused by the activity or passive negligence of the Releases.
I agree to indemnify and hold harmless the Releasees from and against all suits, actions, legal proceedings, claim, demands, judgment, liabilities, interest, attorneys’ fees, costs and expenses of whatever kind or nature (collectively, “Claims”) directly or indirectly caused by any act or omission of the Releasees or others while I am (or my child/ward is) viewing the Training, regardless of whether or not I am (or my child/ward is) participating in the Training at the time and regardless of whether or not caused by alleged or claimed to be caused by the active or passage negligence of the Releasees.
I release, waive, discharge and covenant not to sue the Releasees from all liability to me, my personal representatives, assigns, heirs and next of kin, for any Claims, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my (or my minor/ward’s) participation in the Training, whether of not caused by the active or passive negligence of the Releasees.
I understand, acknowledge and agree that the laws of the State of Illinois shall apply to all matters relating to this Agreement & Wavier, that the exclusive jurisdiction for any dispute with the Releasees resides in State or Federal Court in Cook County, Illinois and I expressly consent to the exercise of personal jurisdiction in the State of Illinois in connection with any dispute with the Releasees relating to viewing the training and/or this Agreement & Waiver.
I understand and agree that this Agreement and Waiver constitutes the entire agreement between the parties relating to the subject matter hereof, is a contract that shall be binding to the fullest extent permitted by law and is intended to be as broad and inclusive as permitted by the law of the State of Illinois. If any part of this Agreement & Waiver is deemed to be unenforceable, the balance shall continue in full legal force and effect.
I UNDERSTAND THAT THE TRAINING IS AN EXTREME TEST OF MY PHYSICAL AND MENTAL LIMITS, THAT THERE ARE INHERENT RISKS INVOLVED IN PARTICIPATING IN THE TRAINING AND THAT ENGAGING IN THOSE RISKS IS ONE OF THE PRIMARY REASONS I HAVE VOLUNTARILY DECIDED TO PARTICIPATE IN THE TRAINING. I HAVE READ THIS AGREEMENT & WAIVER AND FULLY UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW, INCLUDING THE RIGHT TO SUE RELEASEES. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT & WAIVER FREELY AND VOLUNTARILY AND INTEND MY SIGNATURE TO BE A WAIVER AND COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY DUE TO THE NEGLIGENCE OF RELEASES OR THE INHERENT RISK OF THE TRAINING.
I am at least 18 years old OR My Parent or Guardian has reviewed this Agreement & Waiver and signed for me