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Revolution Martial Arts Waiver Form

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT


***BY SIGNING THIS YOU WILL GRANT AND WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE***

PLEASE READ CAREFULLY

THIS AGREEMENT IS

BETWEEN: 1431591 B.C. Ltd. DBA Revolution Martial Arts Mission

Unit 102 – 33072 1st Ave, Mission, BC V2V 1G3

(the “Operator”)

AND:

To be completed by the person signing below who is 19 years of age or older.

Date of Birth

DEFINITIONS

In this Agreement, the word “Agreement” means this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement. The word “Releasees” means the Operator and its affiliates, and their respective directors, officers, employees, agents, representatives, contractors, sub-contractors, shareholders, successors and assigns. The word “Activities” means all activities, lessons, courses, classes, programs, events, tournaments, competitions and services provided, sponsored, facilitated, conducted or operated by the

Releasees including, but not limited to:kicked, grappling, being thrown, wrestling, sparring or being struck by other people, weapons or training implements, mixed martial arts instruction, other activities associated with or related to the sport of mixed martial arts and the provision of transportation to and from the Facilities. The word “Facilities” means the vehicles, buildings or premises at or in which any of the Releasees conduct business or where the Activities take place which includes, but is not limited to, the premises located at Unit 803 – 20381 62 Ave, Langley, BC V3A 5E6 or any other premises or location which the Releasees may conduct business, and which also includes, but is not limited to, all vehicles, cars, vans, trucks, equipment, safety equipment, apparatus and fixtures used, leased, owned or operated by the Releasees in the course of their business. The words “Minor Child” means the child or children who is/are under the age of 19 and listed at the end of this Agreement.


REPRESENTATIONS

I ACKNOWLEDGE AND REPRESENT for myself and for the Minor Child (if applicable) that neither I, nor the Minor Child (if applicable) have no medical conditions or restrictions which would prohibit or limit full participation in the Activities and that I and the Minor Child (if applicable), am informed about and understand the nature of the Activities either by previous participation in activities similar to the Activities or pursuant to independent investigations and experience.


ASSUMPTION OF RISK

I AM AWARE AND I UNDERSTAND THAT my participation, or the participation of the Minor Child (if applicable), in the Activities and my attendance, or the attendance of the Minor Child (if applicable) at the Facilities, INVOLVES MANY RISKS, DANGERS AND HAZARDS, WHICH COULD RESULT IN DAMAGE, LOSS, PHYSICAL INJURY OR DEATH TO ME OR THE MINOR CHILD (IF APPLICABLE). Some of these risks, dangers and hazards include, but are not limited to:

  • Health: overexertion, dehydration, fatigue, lack of fitness or conditioning; congenital defects or other pre-existing physicals conditions;

  • Premises: defective, dangerous or unsafe condition of the Facilities including, but not limited to, poor light; lack of protective padding, nets, matting or other equipment, falls, collisions with objects, equipment or other persons;

  • Mixed Martial Arts: the inherent danger involved with the sport, movements and activities associated with the sport of mixed martial arts; the provision of improper or incorrect training or instruction by the Releasees, the provision of or failure by the Releasees to provide any warnings, direction, instructions or guidance as to the use of the Facilities or involvement in the Activities; lack of supervision or trained spotters; failure to take part in the Activities within my, or the Minor Child’s, own abilities;

  • Advice and Instruction: negligent, improper or incorrect teaching, instructions and advice regarding the Activities;

  • Conduct: my conduct or the conduct of the Minor Child (if applicable) and the conduct of others, including but not limited to, slipping, falling, jumping, running, stunts, tumbles, maneuvers, acrobatics, having multiple participants of the Activities participating at the same time and weight, height or other size difference between participants.

I acknowledge that such conduct, including my negligence, the negligence of the Minor Child (if applicable) and the negligence of other participants, including NEGLIGENCE ON THE PART OF THE RELEASEES, may increase the risk of damage, loss, personal injury or death, including, but not limited to, the loss of income, loss of future income, long term disabilities,minor, moderate and serious personal injury, death or personal injury leading to death. I understand that all or a portion of the Releasees may fail to safeguard or protect me, or protect the Minor Child (if applicable), from the risks, dangers and hazards of the Activities or the Facilities, some of which are referred to above.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

IN CONSIDERATION AND EXCHANGE for the Releasees allowing me, or the Minor Child (if applicable), to participate in the Activities, use the Facilities and providing their services, which I acknowledge the Releasees have given me:


1. I AGREE TO WAIVE ANY AND ALL CLAIMS that I, or the Minor Child (if applicable), have or may have in the future against THE RELEASEES and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer, or the Minor Child (if applicable) may suffer, as a result of my participation in the Activities DUE TO ANY CAUSE WHATSOEVER, including but not limited to:

  • negligence of the Releasees;

  • breach of contract by the Releasees;

  • breach of warranty by the Releasees in respect to the design, manufacture selection, installation, maintenance or adjustment of equipment;

  • breach of any statutory or other duty of care including any duty of care owed under the Occupiers Liability Act, R.S.B.C 1996, c.303, on the part of the Releasees; or

  • the failure on the part of the Releasees to safeguard or protect me or the Minor Child from the risks, dangers and hazards of the Activities.


2. I AGREE to INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS from and against any and all claims, losses, liability damages, expenses, and costs, including reasonable outside lawyers' fees and court costs, to the extent arising out of my participation or the participation of the Minor Child (if applicable), in the Activities, whether or not arising out of the Releasees’ (a) negligence or willful misconduct; (b) violation of applicable law; or (c) material breach of any of the terms of this Agreement.


3. I AGREE that, despite the risks, dangers and hazards of the Activities, and fully understanding such risks, dangers and hazards, I wish to participate, or to have the Minor Child (if applicable) participate, in the Activities AND I FREELY ACCEPT AND FULLY ASSUME all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting from such participation including the risk that I may have to compensate the Releasees for any costs, expenses or loss suffered by the Releasees as a result of the Minor Child’s participation in the Activities.


4. I AGREE that, at all times, I shall follow or cause the Minor Child (if applicable) to follow, ALL THE RULES AND REGULATIONS set by the Releasees, as may be established or modified from time to time.


5. I AGREE that this Agreement shall be effective and binding upon my heirs, next-of-kin, executors, attorneys, administrators, assigns and representatives, in the event of my death or incapacity, and any other person who could in any way represent me or act on my behalf.


6. I AGREE that the Releasees have NO DUTY TO SUPERVISE my involvement, or the involvement of the Minor Child, in the Activities and that I AM, AT ALL TIMES, RESPONSIBLE for my, and the Minor Child’s (if applicable), actions, inactions, injury, temporary or permanent disability, death, damages, liabilities, expenses or costs which may be suffered by me or the Minor Child (if applicable).


7. I AGREE that this Agreement, including those portions of the Agreement under the headings DEFINITIONS, REPRESENTATIONS and ASSUMPTION OF RISK, is the ENTIRE AGREEMENT between me and the Releasees with respect to my participation in the Activities or the participation of the Minor Child (if applicable) in the Activities and supersedes any prior agreement, representations or communications between me and the Releasees, whether written, oral, electronic, or otherwise. Except as express provided in this Agreement, there are no representations, warranties, conditions, other agreements or acknowledgements, whether direct or collateral, express or implied, that form part of or affect this Agreement.

8. I AGREE that this Agreement shall be governed by, construed and enforced in accordance with the laws in force in the Province of BRITISH COLUMBIA. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.


9. I AGREE that if any term or provision, or any portion of a provision, of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability SHALL NOT AFFECT THE VALIDITY of any other term or provision of this Agreement.


10. I ACKNOWLEDGE AND AGREE that the Releasees do not provide and have not provided me with any disability, accident liability or medical insurance or compensation, to protect me from liability if I, or the Minor Child (if applicable), become injured or cause personal injury or property damage to any third party while participating in the Activities.


11. I AGREE that in this Agreement words importing the singular number only shall also include the plural number and vice versa, words importing the masculine gender shall include the feminine and neutral genders and vice versa and words importing persons shall include individuals, partnerships, associations and corporations or otherwise.


12. I AGREE that I have completed and filled out this agreement fully and truthfully. I have fully read and understand each of the provisions of this Agreement and acknowledge that I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES AND AGREEING TO INDEMNIFY, COMPENSATE AND SAVE HARMLESS THE RELEASEES.


13. I AGREE that THIS AGREEMENT SHALL APPLY TO EACH AND EVERY INSTANCE where I, or the Minor Child (if applicable), are participating in the Activities or attend at the Facilities until such time as my, or the Minor Child’s (if applicable), participation in such courses, classes or programs end.

Date
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