Release of liability, waiver of claims, assumption of risk, covenant not to sue and hold harmless agreement.
What you are about to read and are requested to sign is s waiver and release of liability. Upon signing it, you will give up your right to sue Bothell Martial Arts Academy (“BMAA”) or anyone associated with BMAA for injuries or losses you suffer while using BMAA facilities or while participating in activities at BMAA facilities, including but not limited to facilities at 18002 Bothell Everett Hwy, Bothell, WA 98012.
Please take your time and read this agreement very carefully. When you are certain that you understand the importance of each paragraph, sign your initials in the space provided. Sign the document only after you have read and understand everything. If you have any questions about the agreement, consult your attorney. Thank you for your attention to this matter.
YOU WILL NOT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES AT BOTHELL MARTIAL ARTS ACADEMY WITHOUT THE SIGNED WAIVER.
I UNDERSTAND THAT SIGNING THIS DOCUMENT WILL PREVENT ME, MY HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES AND SIGNS FROM SUING BMAA, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR GUESTS FOR ANY INJURIES, INCLUDING DEATH AND PARALYSIS, OR DAMAGES THAT I MIGHT RECEIVE WHILE PARTICIPATING IN ANY ACTIVITIES WITH BMAA OR AT BMAA FACILITIES.
I understand that there is significant risk of physical injury, death and other damages inherent in martial arts, and physical fitness training activities and in my use of BMAA facilities and instruction relating to these activities. These risks and hazards can include, but are not limited to, injuries arising from falling and striking objects or other people; being struck by falling objects or people; failure of any part or all of martial arts instructors, flooring systems, building or training and fitness apparatus; defective worn, uneven separated or additional flooring or pads; hazards created by pads; injuries related to fitness training classes including jiu jitsu, hawaiian kempo karate, muay thai kickboxing, and filipino martial arts; risk associated with walking on streets and sidewalks to access BMAA facilities; strained or sprained muscles, joints and connective tissue; broken bones; personal injury including paralysis, death, illness, property damage, and other losses. I further understand some BMAA facilities may be operational 24 hours a day, and that some of those operating times may be without staff supervision or observation of BMAA facilities and that I may encounter additional risks during that time. Injury or death can arise from errors in judgment, form lack of training or information, from the negligence of me, employees or agents of BMAA or other parties, as well as the risks normally associated with athletic endeavors. There is no way to eliminate the risk of serious harm and prepare me for the dangers and risks of Martial Arts training..
2. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK OF INFECTIOUS DISEASE.
I understand and have familiarized myself with the dangers of COVID-19 and understand that participating in activities at these facilities may subject me to exposure to and infection by COVID-19 or other infectious disease. I have read and agree to comply with all rules and recommendations of BMAA facilities and applicable local, state and federal health authorities with respect to COVID-19 or other infectious diseases. I acknowledge and understand that such rules may be inadequate to protect me from the risk of transmission of disease by or to others. I understand that the state, federal, and local guidelines rapidly change, and that the rules and recommendations of BMAA facilities therefore may not reflect the most recent health guidance. Notwithstanding the risks associated with COVID-19 or other infectious disease, including without the limitation the risk of illness or death, which I readily acknowledge, I hereby willingly choose to participate in activities at the facility, AND I ACKNOWLEDGE AND FULLY ASSUME THE RISK OF ILLNESS OR DEATH TO MYSELF OR OTHERS RELATED TO COVID-19 OR OTHER INFECTIOUS DISEASE ARISING FROM MY PRESENCE AT BMAA AND OR PARTICIPATION IN ACTIVITIES AT BMAA.
3. I ASSUME ALL RISKS
I CERTIFY THAT I UNDERSTAND MARTIAL ARTS TRAINING, AND PHYSICAL FITNESS TRAINING ACTIVITIES, EXPOSE ME TO A HIGH RISK OF INJURY OR ACCIDENT. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS INCLUDING BUT NOT LIMITED TO THOSE ENUMERATED IN THIS DOCUMENT, WHETHER KNOWN OR UNKNOWN, OF INJURY, ILLNESS, DEATH OR DAMAGE OF WHATEVER KIND ARISING OUT OF MY USE OF BMAA FACILITIES OR EQUIPMENT OR MY PARTICIPATION IN ANY ACTIVITY AT BMAA FACILITIES OR SPONSORED BY BMAA.
4. I WAIVE AND RELEASE ALL CLAIMS.
I recognize that BMAA could not offer this activity without obtaining a release of liability. In consideration of, and part payment for the right to use BMAA’s facilities. I RELEASE BMAA AND ANYONE ASSOCIATED WITH BMAA, INCLUDING WITHOUT LIMITATION ITS OWNERS, OFFICERS, DIRECTORS, STAFF, INSTRUCTORS, MEMBERS, AGENTS, GUESTS AND THIRD PARTIES, FROM ALL LIABILITY, AND KNOWINGLY, INTENTIONALLY AND VOLUNTARILY WAIVE ALL CLAIMS, DEMANDS OR CAUSES OF ACTIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF NEGLIGENCE, WHICH MAY ARISE AS A RESULT OF MY PARTICIPATION IN A BMAA-SPONSORED ACTIVITY OR FROM USE OF BMAA FACILITIES OR EQUIPMENT.
5. I WILL INDEMNIFY BMAA.
In consideration of, and in part payment for the right to use BMAA’s facilities, I agree to defend, protect, INDEMNIFY, and hold harmless BMAA, its owners, officers directors, members, instructors, employees, agents and guests from and against any and all claims, suits, actions at law or in equity, for damages or other relief and against any liability of any nature, together with attorneys’ fees and costs incurred, that may arise out of my use of bmaa property or facilities, INCLUDING BUT NOT LIMITED TO INJURIES ARISING FROM MY VIOLATION OF BMAA RULES. I agree to pay the reasonable attorneys’ fees and all other costs of all parties if I bring a suit for injuries suffered at BMAA and that action is unsuccessful, in whole or in part. Additionally, in consideration of, and part payment for my right to participate in a BMAA-sponsored activity, I EXPRESSLY AGREE NOT TO SUE BMAA, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, INSTRUCTORS, EMPLOYEES, AGENTS AND GUESTS AND HEREBY WAIVE ALL CLAIMS AND LIABILITIES AGAINSTS BMAA AND THOSE PARTIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE ARISING FROM MY 9OR THE MINOR’S) PARTICIPATION IN MARTIAL ARTS ACTIVITIES OR USE OF BMAA FACILITIES OR EQUIPMENT.
6. I AGREE TO ABIDE BY ALL BMAA RULES
I agree to abide by all BMAA rules and codes of conduct including without limitation those contained in written or electronic and video form as well as verbal directions that may be given by BMAA staff or employees. I MAY NOT USE BMAA FACILITIES IF I AM UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS.
7. I am physically qualified to participate
I certify that I have no physical limitations or medical conditions that would impair my ability to fully and safely use BMAA facilities. I agree to inform BMAA of any conditions that may have any effect on my ability to fully and safely use BMAA facilities, so that a determination can be made as to the property course of action.
8. Other provisions.
a) This agreement constitutes the complete and sole agreement between you and BMAA, its owners, officers, directors, instructors, employees, agents, members and guests and all others associated with BMAA. Accepting the 24-hour access Agreement and Rules Acknowledgement, evidence of any other agreements, whether oral or in writing, are void and inadmissible and unenforceable in a court of law, arbitration or other dispute resolution proceeding.
b) INDIVIDUAL OFFICERS, DIRECTORS, BMAA MEMBERS, INSTRUCTORS, EMPLOYEES AND AGENTS HAVE NO AUTHORITY OR POWER TO ALTER THE TERMS OF THIS AGREEMENT, EITHER ORALLY OR IN WRITING. This agreement covers my use of BMAA facilities as well as my participation in all BMAA activities and associated events.
c) THE LAWS OF THE STATE OF WASHINGTON GOVERN THIS AGREEMENT. VENUE FOR ANY ACTION SHALL BE SNOHOMISH, COUNTY, WASHINGTON.
I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING AND RELEASED PARTY RELATED TO OR ARISING FROM MY PARTICIPATION IN MARTIAL ARTS ACTIVITIES OR USE OF BMAA FACILITIES OR EQUIPMENT.
If any provision of this agreement or its application to any person or circumstance is held invalid or void, the reminder or the agreement or its application to other persons or circumstances is not affected.
I AM FULLY AWARE OF THE CONTENTS OF THIS AGREEMENT AND RELEASE, AND HAVE READ AND UNDERSTAND ALL OF THE TERMS. THE TERMS OF THIS AGREEMENT BIND ME, MY FAMILY (INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS), HEIRS, EXECUTORS, ADMINISTRATORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS. I recognize that if I have any questions regarding my waiver of rights, I should consult an attorney.
Please select who will be using the facility. Even if your are not training, you still must have a complete waiver.