Double Dragon Karate Institute
Membership Form
The undersigned, on behalf of
themself and the members listed hereon (if minors) (hereinafter may be referred
to as “we,” “us,” “our”) hereby acknowledge, understand and agree that
(a)
there are risks and dangers associated with participation in martial arts
activities which could result in bodily injury, including, without limitation,
partial and/or total disability, paralysis and death,
(b) the social and
economic losses and/or damages, which could result from these risks and dangers
described above, could be severe,
(c) these risks and dangers may be caused by
the action, inaction or negligence of us or the action, inaction or negligence
of others, including, but not limited to, the Releasees (defined below), and
(d) there may be other risks not known to us or that are not reasonably
foreseeable by anyone at this time.
We accept and assume such risks and
responsibility for the losses and/or damages following such injury, disability,
paralysis, or death, however caused and whether caused in whole or in part by
the negligence of the Releasees (defined below).
We represent and
warrant that we are in good health and physically capable of participating in
the programs and facilities involved in this membership.
We HEREBY
RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Double Dragon Goju-Ryu
Karate-do Organization, LLC (hereinafter referred to as the“DDGRKO”), and its managers,
members, employees, contractors, representatives, agents, promoters, lessees of
premises used to conduct the martial arts program (individually, a “Releasee”
and collectively, the “Releasees”) from and against any and all claims, demands,
losses, liabilities, damages and expenses, including attorneys’ fees, incurred
by us, and any claims or demands therefor on account of any injury, including,
without limitation, death of the members, or any property damage, arising out
of or relating to the event(s) caused or alleged to be caused in whole or in
part by the negligence of any Releasee or otherwise.
We agree to
follow all rules and conduct ourselves in accordance with the operation of DDGRKO's
facilities as directed by DDGRKO’s staff.
We further understand that
any failure by us to comply with any of these rules and regulations may result
in the termination of this membership agreement, and that we will not be
entitled to a refund under any circumstances.
We agree that DDGRKO and its
agents, successors, and assigns are allowed to photograph and video us and use
our voices without restriction and that DDGRKO may utilize such photographs,
videos, and/or voice transcriptions for any commercial purpose whatsoever,
including, but not limited to, the promotion and marketing of DDGRKO.
We
understand and agree that we shall not be entitled to receive any compensation
as a result of such use.
We understand that testing, tournament,
camp, and special event fees are not included in tuition fees.
We
further understand that this membership agreement is non‐transferable and that there
shall be no refund for registration fees, tuition fees, uniform fees, or any
other deposits made.
NOW THEREFORE, for and in
consideration of the sum of the annual dues and other good and valuable
consideration, the parties agree as follows:
1.
Applicant
warrants that the applicant is in general good health and physical condition,
and that to the best of the applicant’s knowledge, the applicant does not
suffer from high blood pressure, heart ailments, or any latent physical
disabilities. Applicant acknowledges
that the applicant is fully aware and expressly understands that training and
instruction in karate requires strenuous exercise and activity and necessitates
bodily contact during sparring and at other times as a part of the instruction.
Applicant is fully aware that any and all of the aforementioned activities and
others may result either unavoidably or negligently in bodily injury to the applicant. Membership in DDGRKO and participation in DDGRKO-related
activities are the applicant’s choice, and the applicant is encouraged not to
join or participate if the applicant wishes to avoid the inherent risks.
2.
Applicant
agrees to use karate techniques only for self-defense, instruction, exercise,
self-improvement, or to help others.
Applicant certifies that the information supplied by the applicant in
the membership application is accurate and complete. Applicant agrees to abide by the code of
ethics, principles, or bylaws of DDGRKO.
Applicant agrees that the applicant’s membership may be revoked without
remuneration at any time if the applicant fails to abide by the code of ethics,
principles, or bylaws of DDGRKO.
Applicant agrees that applicant’s membership may be revoked without
remuneration at any time if DDGRKO finds that the applicant has engaged in
conduct materially and seriously prejudicial or detrimental to the interests or
purposes of DDGRKO.
3.
In
the event of any litigation arising out of this agreement or out of the
applicant’s membership in DDGRKO or participation in DDGRKO-related activities,
the applicant agrees to, at DDGRKO’s sole option, either (a) advance to DDGRKO
the legal fees and costs estimated to be incurred by DDGRKO, or (b) reimburse DDGRKO
the legal fees and costs actually incurred by DDGRKO.
4.
This
agreement shall not be construed against its drafter. The terms of this agreement shall survive any
termination of the applicant’s membership in DDGRKO. If any part of this agreement is contrary to
or prohibited by or deemed invalid under applicable laws, the remaining parts
shall remain and be construed in full force and effect to the extent permitted
by law. This agreement shall be
construed in accordance with the laws of the United States of America. This agreement shall be binding upon and
inure to the benefit of the parties, their respective heirs, successors,
personal representatives, and assigns.
Applicant acknowledges having read this agreement and understands all of
its terms. Applicant executes this
agreement voluntarily and with full knowledge of its significance. In agreement with all that has been stated above,
the parties have signed below.
Note: Double
Dragon Karate Institute is the Releasee - the
party protected from legal claims.
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DOUBLE DRAGON KARATE INSTITUTE
Release, Waiver of Liability and
Indemnity Agreement
In
consideration of being permitted to participate in any way in a Martial Arts
competition, and/or any training therefor (collectively, “martial arts activity
or event”), the parent(s) and/or legal guardian(s) of the minor participant
named below (“Participant”) agree: The parent(s) and/or legal guardian(s) will
instruct the Participant that before participating in the martial arts activity
or event, the Participant should inspect the facilities and equipment to be
used, and if Participant believes anything is unsafe, Participant should
immediately advise his or her Grand Master and the officials, as applicable, 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 take all precautions
to ensure that Participant REFUSES TO PARTICIPATE further.
1.
I/We fully understand and acknowledge that:
A. The martial arts activity or event imply
that one may be taught and may practice techniques for physical self-defense
but not limited to a variety of movements which include defensive blocks and
offensive strikes primarily using the hands and feet; and, as one progresses,
the techniques taught and practiced become more complex and physically
demanding; and, one may also engage in sparring which involves physical contact
with others; and, based on all of the foregoing, there is a danger that one may
suffer bruises or other sorts of physical injuries
B. There are risks and dangers
associated with participation in martial arts events and activities, which
could result in bodily injury, including, without limitation, partial and/or
total disability, paralysis, and death. Such bodily injuries can consist of
concussions and injuries to the teeth and jaw.
C. The social and economic losses and/or
damages, which could result from these risks and dangers described above, could
be severe.
D. These risks and dangers may be caused
by the action, inaction, or negligence of Participant or the action, inaction,
or negligence of others, including, but not limited to, the Releasees named
below.
E. There may be other risks not known to
us or not reasonably foreseeable at this time.
F. I/We will ensure that the participant
wears the whole World Karate Federation (WTF) approved sparring gear at all
times while participating in any martial arts activity or event. Such gear
includes headgear, mouthguards, chest protectors, groin protection, and
protection for the hands, arms, legs, and shins.
2.
I/We accept and assume on behalf of Participants risks and responsibility for
the losses and/or damages following such injury, disability, paralysis or
death, however caused and whether caused in whole or in part by the negligence
of the Releasees (defined below).
3.
I/We HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Double Dragon
Goju-Ryu Karate-do Organization, LLC, and its managers, members, employees,
contractors, representatives, agents, promoters, lessees of premises used to
conduct the martial arts event or program, premises and event inspectors,
underwriters, consultants and others who give recommendations, direction or
instructions to engage in risk evaluation or loss control activities regarding
the martial arts facility of events held at such facility and each of them,
their directors, officers, agents, employees(collectively, the Releasees”) from
and against any and all claims, demands, losses, liabilities, damages and
expenses of the undersigned and Participant, and any claims or demands therefor
on account of any injury, including, without limitation, death of Participant,
or any property damage, arising out of or relating to the event(s) caused
alleged to be caused in whole or in part by the negligence of any Releasee or
otherwise.
4.
I/We HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS
and involve the risk of serious injury and/or death and/or property damage.
Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY
BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE
RELEASEES.
5.
EACH OF THE UNDERSIGNED further expressly agrees that this Release, Waiver of
Liability and Indemnity Agreement is intended to be as broad and inclusive as
is permitted by the law of the providence or state in which the martial arts
activity or event is conducted and that if any portion is held invalid, it is
agree that the balance shall, notwithstanding continue in full legal force and
effect.
6.
The undersigned parent(s) and/or legal guardian(s) of Participant execute this
Release, Waiver of Liability and Indemnity Agreement individually and on behalf
of Participant. If, despite the waiver and release hereunder, the participant
makes a claim against any of the Releasees, the parent(s) and/or legal
guardian(s) will indemnify such Releasee and hold them harmless for any
liabilities, losses, or expenses incurred by such Releasee as a result thereof.
7.
Attendance at or participation in classes and other events, seminars and
training activities constitutes an agreement by the Participant to allow use
and distribution (both now and in the future) of Participant’s image or voice
in photographs, videotapes, electronic reproductions, or audiotapes of such
classes and other events, seminars, and training activities.
I/WE HAVE READ
THIS RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS
TERMS, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS INDIVIDUALLY ON
BEHALF OF THE PARTICPANT BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY
WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME/US AND INTEND
MY/OUR SIGNATURE(S) TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY
TO THE GREATEST EXTENT ALLOWED BY LAW.