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WAIVER OF LIABILITY & INDEMNITY AGREEMENT

IMPACT DOJO, IMPACT HOLDINGS, LLC. WAIVER OF LIABILITY & INDEMNITY AGREEMENT (the “AGREEMENT”)

Impact dojo Waiver (1) – Download A Copy For Yourself

In consideration of being permitted to participate in any way in the martial arts, self-defense, karate, kickboxing, fitness kickboxing, boxing, physical fitness, private lessons, or other security related/safety training (hereinafter referred to as “PHYSICAL ACTIVITIES”) offered by Impact Dojo & its affiliated instructors (hereinafter referred to as “IMPACT”), or enter the training floor, weights area and general areas (hereinafter defined as any area where admittance to the general public is prohibited unless escorted), I, the undersigned (hereinafter referred to as the “UNDERSIGNED” or “I”), for myself, or on behalf of a minor, as his/her parent or guardian understand and agree:

  1. RISKS AND DANGERS.

There are risks and dangers associated with participation in the PHYSICAL ACTIVITIES, which could result in bodily injury, partial and/or total disability, paralysis, death, or property damage. Participation in any of the PHYSICAL ACTIVITIES is inherently dangerous.  There are potentially severe social and economic losses and/or damages that could result from participation in the PHYSICAL ACTIVITIES.

I further expressly acknowledge that injuries incurred may be compounded or increased by negligent rescue operations or procedures conducted by RELEASEE(S), IMPACT, or any other medical personnel.

  1. NON-SEXUAL INTENT.

Some of the PHYSICAL ACTIVITIES require close bodily contact that is not designed or intended to have a sexual nature, intent or context.

  1. ASSUMPTION OF RISK AND RELEASE OF LIABILITY.

The risks and dangers described in this AGREEMENT may be caused by the action, inaction, or negligence of the participant or the action or inaction or negligence of others, including, but not limited to IMPACT; IMPACT’s affiliates, employees, instructors, consultants, individual(s) who directs anyone to engage in risk evaluation or loss of control activities, and independent contractors acting on behalf of IMPACT; the location where the PHYSICAL ACTIVITIES take place, including, but not limited to, a training facility, school, gym, park, city, hospital, corporate campus, or government entity, and each of them, their directors, members, officers, agents, successors and assigns (all entities and individuals listed in this paragraph are hereinafter referred to as “RELEASEE(S)”).  There may be other risks not known to IMPACT at this time.  It is the responsibility of the participant to be aware of his/her actions and those around him/her.

I ACCEPT AND ASSUME THE RISKS AND RESPONSIBILITY FOR THE LOSSES AND/OR DAMAGES THAT MAY STEM FROM MY INVOLVEMENT IN ANY OF THE PHYSICAL ACTIVITIES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, INJURY, DISABILITY, PARALYSIS, OR DEATH, HOWEVER CAUSED, AND WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF IMPACT OR THE RELEASEE(S).  I AGREE TO RELEASE FROM LIABILITY, WAIVE, DISCHARGE AND COVENANT NOT TO SUE IMPACT AND THE RELEASEE(S).  IMPACT AND THE RELEASEE(S) ARE RELEASED FROM ALL LIABILITY TO THE UNDERSIGNED, MY PERSONAL REPRESENTATIVES, ASSIGNS, EXECUTORS, HEIRS AND NEXT OF KIN FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, PHYSICAL INJURIES OR DAMAGES, AND ANY PARTICIPANT OR DAMAGES TO PROPERTY ARISING OUT OF, OR RELATING TO, THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSE IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE(S) OR IMPACT.

 

  1. DECLARATION OF PHYSICAL FITNESS.

I am in good health and have no disability, impairment, medical condition, illness, or health concern which may prevent me from exercising or participating in the PHYSICAL ACTIVITIES offered at IMPACT, or which pose any health risk to other participants. I assume full responsibility for my medical condition as it relates to engaging in the PHYSICAL ACTIVITIES. I have consulted with a physician and have not been instructed by such physician to refrain from participating in any PHYSICAL ACTIVITIES offered by IMPACT.

  1. DECLARATION OF ADEQUATE INSURANCE.

I have adequate insurance, including, but not limited to, health insurance, necessary to provide for and pay any and all costs that may directly or indirectly be caused by IMPACT or my involvement in any of the PHYSICAL ACTIVITIES.

  1. INDEMNIFICATION AGREEMENT.

I agree to indemnify IMPACT and the RELEASEE(S) and each of them from any loss, liability, damage or cost RELEASEE(S) may incur due to my participation in any of the PHYSICAL ACTIVITIES offered by IMPACT.

  1. BROAD INTERPRETATION AND SEVERABILITY.

THE UNDERSIGNED further expressly agrees that this AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of Illinois or the state in which the PHYSICAL ACTIVITIES are conducted.   If any term, provision, or condition contained in this AGREEMENT shall, to any extent, be ruled invalid or unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT (or the application of such term, provision, or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable), shall not be affected thereby, and each and every other term, provision, and condition of this Agreement shall be enforceable to the fullest extent permitted by law.

  1. AGREEMENT TO USE OF VIDEO AND PHOTOGRAPHY.

I also understand and agree that at various times while participating in the PHYSICAL ACTIVITIES, photos and video recordings may be taken that may appear at any given time as promotional and/or marketing material to be used by IMPACT or its affiliates.  I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration.  I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording.

  1. VOLUNTARY AGREEMENT AND OPPORTUNITY TO CONSULT WITH AN ATTORNEY.

I have read this AGREEMENT, fully understand its terms, understand that I have given up substantial rights by signing it freely and voluntarily, without any inducement, assurance, or guarantee being made to me and I intend my signature to be a complete and unconditional release of all liability to the greatest extent allowable by law.  I acknowledge that I have the opportunity to consult with an attorney prior to signing this AGREEMENT.

  1. ENTIRE AGREEMENT.

This AGREEMENT constitutes the entire agreement of the parties with respect to the subject matter of this AGREEMENT, and supersedes all prior agreements, understandings, negotiations, statements, promises, and discussions, oral and written, between the parties hereto with respect to the subject matter of this AGREEMENT.

  1. CONTRACT INTERPRETATION.

The definitions contained in this AGREEMENT are applicable to the singular as well as to the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms.  Whenever the context requires, any pronouns used herein shall include the corresponding masculine, feminine or neutral forms.

Cancellation and Refund Policy

MULTI-WEEK SESSIONS

No tuition refunds, transfers, or deferrals will be issued for cancellations due to inclement weather or school closings. No tuition refunds, transfers, or deferrals will be issued for classes missed due to illness or personal matters. Additionally, there will be no tuition refunds, transfers, or deferrals after the completion of three weeks of class. If participant drops out of Impact Dojo after week one or two, registrant will be eligible for a partial refund equal to the cost of the remaining unredeemed classes.

Impact Dojo’s Site Director reserves the right to cancel or modify the course schedule in consideration of extremely adverse weather conditions, or other health or safety factors.

SINGLE CLASSES

Impact Dojo will issue a refund or deferral credit covering the cost of class in the event of inclement weather or school closings, or if given advance notice of illness that precludes participation.

Impact Dojo’s Site Director reserves the right to cancel or modify the course schedule in consideration of extremely adverse weather conditions, or other health or safety factors.

CAMPS

No tuition refunds, transfers, or deferrals will be issued for cancellations due to inclement weather, site closings, or for classes missed due to illness or personal matters. Additionally, there will be no tuition refunds, transfers, or deferrals after the completion of two days of camp. If participant drops out of Impact Dojo after day one of camp, registrant will be eligible for a partial refund equal to the cost of the remaining unredeemed days.

Impact Dojo’s Site Director reserves the right to cancel or modify the course schedule in consideration of extremely adverse weather conditions, or other health or safety factors.