Waiver & Release Agreement
Last updated: 07/22/2022
I do hereby agree to participate in the Pure Taekwondo curriculum. The responsible party must read the entire contract before signing.
I recognize the risks of injury that are common to any performing arts program that my child or I participate in and I do hereby waive and release Pure Taekwondo from and against any and all claims, actions, causes of action, damages, costs, liabilities, expense of judgments, including attorney's fees and court costs, that arise out of my participation in this program. I hereby execute this Waiver and Release form permitting my minor child and / or myself to participate in the Pure Taekwondo program.
Waiver and Release
In consideration of being permitted to participate in any way in the Pure Taekwondo - martial arts program, as defined below, by Pure Taekwondo currently located at 909 E. Duane Ave., Sunnyvale, CA 94085 (the “Premises”), I, or, if a minor, the parent(s) and/or legal guardian of the minor participant named below (hereinafter, collectively, “I,” “me” or “my”), enter into this Release, Liability Waiver and Indemnity Agreement (“Agreement”) and hereby agree:
1. I am voluntarily seeking and consenting to participate in Pure Taekwondo's program, which is defined to include, but not be limited to, martial arts instruction and related training, including those in the arts of Taekwondo, Judo, Hapkido, ground fighting, grappling and other martial arts that commonly involve body contact with the ground as well as techniques such as chokes and joint locks; Taekwondo and other martial arts that commonly involve striking; mixed martial arts (MMA); self-defense training; and other martial arts that may be offered and from time to time; physical, strength and/or cardio conditioning; yoga and other flexibility or meditative exercises; and other similar or related physical activities. I understand that the various activities of the Pure Taekwondo program may take place in, outside, around and off the premises, and I have the choice not to participate in any or all activities, events or competitions offered by Pure Taekwondo
2. I represent and warrant that I am either of proper physical condition to participate in the Pure Taekwondo program, understanding the demands and nature of the activities provided above, or accept full responsibility for my participation therein in my current physical state. I agree to disclose all medical conditions, ailments and other issues to Pure Taekwondo prior to my participation in the Pure Taekwondo program and understand that my failure to do so further waives Pure Taekwondo's liability from any and all injuries or other outcomes related to my continued participation in the Pure Taekwondo program.
3. I fully understand and acknowledge that THE ACTIVITIES OF PURE TAEKWONDO'S martial arts program can be INHERENTLY DANGEROUS, such that:
A. There are risks and dangers associated with my participation in the Martial Arts Program that could result in bodily injury, partial and/or total disability, paralysis or death.
B. The social and economic losses and/or injuries that could result from these risks and dangers described above could be severe.
C. These risks and dangers may be caused by the action or inaction of myself or others, including, but not limited to, Pure Taekwondo and/or other participants in the Pure Taekwondo program; the rules and regulations of the Pure Taekwondo program; or the nature of the facilities or equipment used.
D. There may be other risks and dangers not known to us or are not reasonably foreseeable at this time.
4. I understand, accept and assume the above risks and dangers, both known and unknown, and I assume full responsibility for the injuries, maladies, losses and/or damages resulting therefrom, however caused and whether caused in whole or in part by Pure Taekwondo.
5. I understand and accept that I use any and all equipment and facilities “as-is” and at my own risk and peril, and I hold Pure Taekwondo harmless from any and all consequences resulting therefrom, including, but not limited to, injury, malady, loss and death, regardless of the cause. I further understand that said use is voluntary and by my own choice, and I may refuse said use and/or request the use or application of alternative equipment and facilities, although Pure Taekwondo is not obligated either to provide alternate accommodations or to compensate me for its refusal to do so.
6. From time to time, Pure Taekwondo may host, organize or sponsor social and other extracurricular activities and events in, outside of, around and off of the Premises that may or may not be directly related to the Pure Taekwondo program. I understand that my involvement and/or participation in them is completely voluntary and agree that
the terms of this agreement shall extend to, and include, any such events and activities plus any guests I bring in attendance.
7. In the event that Pure Taekwondo provides transportation to the Premises or any other location where Pure Taekwondo is conducting any activity, event or gathering, I understand that my consent to be transported is completely voluntary and hereby agree that Pure Taekwondo shall not bear any liability for any injury, loss, destruction, death or any other similar or related consequence either to my person or my property during or as a result of such transportation, whether or not foreseeable and regardless of the cause. I further understand that Pure Taekwondo is not obligated to provide any transportation whatsoever on any occasion, and I assume full responsibility for any injury, loss, destruction, death or other similar or related consequence either to my person or my property during or as a result of my choice of transportation.
8. I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Pure Taekwondo, its affiliates, owners, managers, promoters, lessees, directors, officers, agents or employees, from all liability for any and all claims, demands, losses or damages arising out of or relating to the Pure Taekwondo program, martial arts program, self-defense or any events or activities hosted, organized or sponsored by Pure Taekwondo; any action or non-action undertaken by Pure Taekwondo; all acts of negligence on the part of Pure Taekwondo; or any rescue/emergency actions or medical treatment undertaken by Pure Taekwondo, if any. This Agreement shall extend to my business partners, personal
representatives, constituents, assigns, executors, heirs and next of kin.
9. I further expressly agree that this Agreement is intended to be as broad and inclusive as permitted by law. Any portion that is uncertain or challenged as to its validity or enforceability shall be interpreted so that it most closely reflects the intent of the parties in entering into this Agreement, to the greatest extent permitted by law. Otherwise, if any portion herein is held invalid or otherwise legally unenforceable by a court of competent jurisdiction, both Pure Taekwondo and I agree that the remainder of this Agreement shall remain in full force and effect.
10. Should any legal dispute arise out of this Agreement, or regarding any subject matter contained herein, I agree to pay for all attorney’s fees and costs reasonably incurred by Pure Taekwondo in defense of any such dispute.
11. I agree to hold Pure Taekwond harmless and reimburse Pure Taekwond for any and all costs incurred on my behalf.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY COERCION, INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY FROM PURE TAEKWONDO TO THE FULLEST EXTENT PERMITTED BY LAW.