Waiver of Liability and Assumption of Risk
I understand the risks of training in the martial arts taught at THMCC and have carried out my own risk assessment. Injuries in full contact martial arts are commonplace and I understand that managing and avoiding this is my responsibility.
I understand that full contact training might expose me to viruses and illness and I opt in and accept these risks to myself and my household and social group.
I confirm that I will not train when I am feeling unwell or under the influence of alcohol or drugs.
I understand that if I have any pre-existing injuries or health issues then I must make the club and instructors aware of them. I also understand that any prior conditions may be made worse and I will adjust my training and attitude accordingly.
I enter into the training at this club knowing that serious injury or even death are a possibility and release all instructors and employees of the Club from any responsibility thereof.
Statement of Medical Fitness
a) I represent and warrant that I have NO physical infirmities or pre-existing injuries; I am not undergoing treatment for any physical infirmity or chronic ailment or injury of any kind, and have never been treated for or diagnosed with any of the following: cardiac or pulmonary conditions or diseases, diabetes, fainting spells or convulsions, nervous or mental disorders, kidney or related diseases, high or low blood pressure, or any other condition which might in any way affect my ability to participate in any physical exercise or similar activities.
b) I am not taking any medication that might in any way affect my ability to participate in the activities.
c) I am not under the influence of alcohol or drugs.
d) I am not pregnant nor do I suspect that I am pregnant.
e) I hereby certify that the personal information I have provided is true and accurate.
Agreement, Release of Liability & Assumption of Risk
In consideration for being permitted to use the facilities and to participate in activities at THMCC or any associated entities, I HEREBY AGREE AS FOLLOWS:
Parties Included
I understand that this Agreement, Release of Liability & Assumption of Risk includes and covers THMCC, or any associated entities, and any of its instructors, agents, officers, employees, volunteers, and contractors, and anyone directly or indirectly involved in any manner in my participation, hereinafter collectively referred to as "Covered Parties."
Duration of Release
This Release and Agreement is effective not only for my first participation but for any subsequent participation or activities in any way associated with THMCC or any associated entities or any other Covered Parties.
Agreements
I understand and agree that participating in activities at THMCC is inherently dangerous and may result in injury or death. It is further agreed that unforeseen events may occur and that no one can delineate all risks or possibilities of error. Therefore, I specifically include in this Release any injury resulting from any occurrence, whether foreseen or unforeseen, and whether contemplated or not contemplated, which is in any way connected with my participation or presence at THMCC or any other location connected with the Covered Parties.
Covenant Not to Sue
I further agree that I WILL NOT SUE OR MAKE A CLAIM against ANY of the Covered Parties for ANY damages, losses, or injuries sustained as a result of my participation, even if caused by negligence or other fault of the Covered Parties.
Release of Liability
I hereby release the Covered Parties from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, up to and including DEATH, that may be sustained, even if caused by negligence or other fault of the Covered Parties while engaged in any activities or related but unidentified activities.
Assumption of Risks
I realise and understand the scope, nature, and extent of the risks involved, including but not limited to exposure to viruses and illness, injuries, and other risks that may result in disability and/or death.
Indemnification and Hold Harmless
I agree to indemnify, save, and hold the Covered Parties harmless from all claims, judgments, costs, losses, or proceedings of any kind, including legal fees and expenses, and to reimburse the Covered Parties for any expenses incurred in connection with any action brought as a result, either directly or indirectly, of my participation.
Parties Bound by This Agreement
This Agreement, Release of Liability & Assumption of Risk is binding on me, my estate, my heirs, and anyone who may be able to or does sue because of my injury or death.
Duty of Care
I waive any duty of care, whether by omission or commission, which may be owed to me by the Covered Parties.
Enforceability
If any portion of this Agreement is found to be unenforceable or against public policy or law, only that portion shall fail, and all remaining portions shall remain in effect and enforceable.
Favour Agreement
It is my intention that this document be construed in favour of the Covered Parties and against me, and that any ambiguities or questions are resolved in favour of the Covered Parties.
Legal Rights
I understand that by signing this document, I am giving up important legal rights. I acknowledge that I have the right to consult a lawyer before signing. Upon signing, this Agreement shall be binding against me in favour of the Covered Parties.
Damage Agreement
I agree to be responsible for and pay for any damages to equipment caused by my actions or the actions of any parties associated with me during my participation at THMCC.
Rules
I understand that THMCC is a community organisation with ongoing activities and events. I will abide by any rules and regulations set forth by THMCC. I am responsible for following these rules and for any injury or damage caused by my failure to do so, either by myself or by any parties associated with me. I understand that my attendance and/or participation may be photographed, filmed, or taped for marketing and promotional purposes, and I waive any right to compensation.
Last updated: 12/09/2023
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