In consideration of being permitted to participate in any way in the Krav Maga activities, training, programs and/or classes indicated below and/or being permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the general public is prohibited), I (“I” or the “Adult Participant”) agree that:
1. I will inspect the facilities and equipment to be used, prior to participating in the below Krav Maga activity or event, and if I believe anything is unsafe, I will immediately advise the officials of such condition and refuse to participate. I understand and agree that, if at any time, I feel anything to be unsafe; I will immediately tell the instructor and take all precautions to avoid the unsafe area and refuse to participate further.
2. I fully understand and acknowledge that:
a. Like any physical activity, there are risks and dangers associated with participation in martial arts classes, events and activities, which could result in bodily injury.
b. The social and economic losses and/or damages, which could result from these risks and dangers described above, could be considered serious.
c. These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Krav Maga Institute NYC LLC ('KMI') and the other “Releasees” named below.
d. There may be other risks not known to us or are not reasonably foreseeable at this time.
3. I accept and assume such risks and responsibility for the losses and/or damages following such injury, however caused and whether caused in whole or in part by the negligence of KMI or the other Releasees named below.
4. I hereby release, waive, discharge and covenant not to sue KMI, its shareholders, instructors, directors, owners, employees, managers, promoters, the leasees of the premises used to conduct the martial arts event(s), class(es) or program(s), premises and event inspectors, underwriters, consultants and others who give recommendations, directions or instructions regarding Krav Maga or KMI’s facility or events and each of them, their directors, officers, agents, employees, personal representatives, assigns, executors, heirs and next to kin (all of the above parties are for the purpose of this document also referred to as “Releasees” from all liability to the undersigned) for any and all claims, demands, losses or damages and any claims or demands therefore on account of any injury, including but not limited to the death of the participant or damage to property, arising out of or relating to the events(s) caused alleged to be caused in whole or in part by the negligence of the Releasees or otherwise.
5. I hereby acknowledge that the activities of the event and classes can involve the risk of injury and/or property damage.
6. I, the undersigned, further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of New York in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
7. If, despite the release, I, the Adult Participant or any other third party related to me makes a claim against any of the Releasees, I will reimburse the Releasee for any money, which they have paid to the participant, or on his behalf, and hold them harmless.
8. I hereby certify that, I, the Adult Participant is in good health and has no mental or physical condition or symptoms that could interfere with my/our/his or her safety or the safety of others while participating in any activity, using any equipment or facilities of KMI.
(Please note any relevant medical condition, aliment, injury (actual or previous) or illness you may or may have suffered suffer from including, but not limited to, any physical or mental condition/injury/treatment in your medical history, such as (not limited to) health issues related to asthma, spinal or brain injuries, heart, mental, lung or any other medical/physical/mental problems that may affect your ability to train, attend class, avoid injury or that may increase the likelihood of injury, trauma, upset or that may otherwise cause you difficulties with training or affect your enjoyment).
9. I understand and agree that I am physically and mentally fit to participate, perform the activities, programs, use the equipment or facilities made available by KMI and that I am NOT relying on any advice from KMI in this regard. To the extent I have any questions or need any information about my physical or mental condition or limitations, I agree to seek professional advice from a qualified physician.
10. I acknowledge that any photos or videos taken of me or my child during KMI classes, courses, workshops or other events may be used to promote KMI.
11. I understand and acknowledge that I may have access to and/or learn confidential information. "Confidential Information" including, but not limited to Krav Maga techniques, customer names, phone numbers, addresses, e-mail addresses, contact details, pricing information and other confidential information identifying specific details about KMI, and/or its customers and our sales/services. I also understand and acknowledge that disclosing of this Confidential Information will cause significant and irreparable harm. I agree not to directly or indirectly solicit, contact (including but not limited to e-mail, regular mail, express mail, telephone, fax, internet messages and instant message), attempt to contact or meet with the KMI's current, or former customers for purposes of offering goods or services similar to or competitive with those offered by the KMI.
12. I agree to not at any time make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments or statements concerning the KMI or its businesses, or any of its employees, officers, and existing and prospective customers, suppliers, investors and other associated third parties or the Consultant. This Section does not, in any way, restrict or impede the Consultant from exercising protected rights
13. I affirm that I freely and voluntarily signed this agreement without inducement, assurance or guarantee being made or that I understand that I am giving up legal rights and/or remedies which may be available to me for the ordinary negligence of KMI or the other Releasees.
14. By signing this form I agree to comply with all KMI rules and regulations.
15. I acknowledge the information I have provided is true and correct and meets all the eligibility criteria stated in the KMI Rules that have been provided to the participant.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY NEW YORK STATE LAW.