In consideration of the opportunity to participate in a program offered by Kung-Fu for Christ Canada (hereafter referred to as “Kung-Fu for Christ”), every participant (and their parent/guardian/caregiver for participants under 18 years of age) must read, sign, and submit this form to Kung-Fu for Christ before beginning to train with Kung-Fu for Christ. PLEASE READ CAREFULLY! BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION IN THE EVENT OF HARM, INJURY AND/OR DAMAGES INCURRED THROUGH YOUR PARTICIPATION WITH KUNG-FU FOR CHRIST.
RELEASED PARTIES
Kung-Fu for Christ and its directors, officers, members, volunteers, instructors and assistant instructors, and employees (all of whom are hereinafter referred as “the Released Parties”).
DEFINITIONS
· In this Agreement, the term “martial arts” shall include all actions, services, activities, or events provided, organized, conducted, and/or arranged by the Released Parties and incorporates training including but not limited to Shaolin kung-fu. Individual and partner-involved training includes, but is not limited, to: cardio training and conditioning (e.g., running, jumping); stretching; sparring; grappling/ground defence; self-defence; training with weapons and other equipment; physical contact; touching and handling of body parts for training purposes; hitting and kicking objects; instructional courses, seminars and sessions; travel, transport and accommodation; and other such actions, services, activities, and events in any way connected with or related to martial arts.
· Additionally, in this agreement, the term “martial arts” also includes Kung-Fu for Christ-organized social actions and activities that happen before, during, after, and outside of training including, but not limited, to: instructor-to-student and peer-to-peer conversations; Bible studies; educational activities; social events; and other such social activities, events and services in any way connected with or related to martial arts.
By signing this Agreement, the Participant acknowledges and agrees to the following:
RISKS AND SAFETY
· I am aware that although Kung-Fu for Christ attempts to mitigate real and potential possibilities for harm, martial arts entails certain risks including, but not limited to, social, emotional, and physical harm, injury, damage, dangers, hazards, and even death. I am aware that the physical and cognitive exertion required for martial arts and the forces exerted on the mind and body can cause and/or activate or aggravate pre-existing physical and/or mental injuries, conditions, or symptoms. The risks, dangers and hazards include, but are not limited to: cuts; bruises; broken bones; sprains; concussions; dislocations; loss of consciousness; heart attack; injuries from training equipment; and social, cognitive, and/or emotional harms.
· I understand that there are dangers and risks, sometimes extreme, arising from many factors over which Kung-Fu for Christ has no control, including, but not limited to: the skills of instructors (e.g., due to differences in teaching capacity, ability to respond to conditions and circumstances arising in social or training situations); the conduct of other program participants (e.g., due to their cognitive or physical limitations, inexperience, poor judgment or behaviour, negligence or deliberate acts or omissions, failure to train safely); impact or collision with other participants or equipment; and failure of equipment.
· I understand that there are dangers and risks, sometimes extreme, that could arise from my own choices, including but not limited to: over-exertion; difficulty or inability to control my own body; failing to train within the limitations of my abilities; and training despite professional advice to the contrary (e.g., from a medical professional).
· I understand that there are rules that apply to all participants made available by the Released Parties, and that it is my responsibility to learn and observe these rules.
BELONGINGS
· I understand that the Released Parties are not responsible for the safety or security of my property or belongings and cannot guarantee that items will not be stolen, misplaced, and/or damaged before, during, or after Kung-Fu for Christ-organized services, activities or events.
ASSUMPTION OF RISKS AND RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
· I acknowledge that participation in martial arts may expose me to actions, events, and environments that may be hazardous to my person and/or property.
· I acknowledge that there are inherent risks associated with participating in martial arts, including but not limited to all manners of social, emotional, and physical harm, injury, illness, possible loss of life, and property damage. I am aware of the risks, dangers, and hazards associated with martial arts.
· I represent that I am mentally and physically prepared to participate in martial arts. I acknowledge that I will seek professional advice if I know or suspect that my physical and/or mental condition may be incompatible with martial arts. I agree to work within my abilities and acknowledge my limitations.
· I agree to wear all protective equipment required for martial arts.
· I understand that Kung-Fu for Christ may exclude me from activities or the program itself in the event that I: continuously fail to abide by training and safety protocols; significantly or repeatedly disrupt, impede or interfere with program operations; or threaten the health, safety or welfare of other participants.
· I understand that Kung-Fu for Christ provides no security to protect my property, and that it is my responsibility to safeguard my property.
· I willingly and voluntarily consent to the risks inherent in martial arts including but not limited to those described herein.
· I voluntarily accept and fully assume, without recourse to Kung-Fu for Christ, all risks, dangers and hazards and the possibility of injury, disability, illness, damage, medical expense, death, property damage or loss arising from participation in Kung-Fu for Christ. This includes assuming risks resulting from misjudgements, errors, omissions and negligence on the part of the Released Parties including the failure to safeguard or protect me from the risks, dangers and hazards of martial arts as well as risks resulting from the carelessness of other participants. I am freely and voluntarily assuming all and any risks associated with my participation in or observation of martial arts past, present, and future that may arise out of or in any way relate to my participation or observation of martial arts.
· I hereby voluntarily agree to indemnify and hold harmless and to release and forever discharge Kung-Fu for Christ and its Released Parties from any and all claims, actions, judgements, executions, legal or financial responsibilities, and from liability for damages or loss of any kind which I (the undersigned) and my family members, heirs, executors, personal representatives, successors, administrators, or assigns may have, or claim to have, for all physical and emotional harm, known or unknown, personal injuries, known or known, harm to property, real or personal, caused by, or arising out of, the participation in martial arts, whatever the cause of damages. I voluntarily waive all rights and entitlement to seek damages or other recourse from Kung-Fu for Christ, and to bring any action, cause of action or claim for damages for any loss sustained by me as a result of my participation in martial arts.
By completing this form:
· I agree to the Agreement voluntarily and with full knowledge of the significance of this Agreement.
· I have read this Agreement and understand its contents.
· I have had the opportunity to ask questions about this Agreement.
· I confirm that I am of the age of majority and that I have understood this Agreement is binding upon me, my heirs, executors and assigns and all members of my family