MKG Detroit Standard Liability Release Waiver. This can also be signed on-site before your first class.
In consideration of participating in the sporting events of martial arts, yoga, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising in negligence MKG DETROIT, LLC, and its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinaftercollectively referred to as“Releasees”) on behalf of myself, my children, parents, heirs, assigns, personal representatives, and estate, and also agree as follows:
1. I acknowledge that the sport of martial art arts involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, death, paralysis, broken bones, tom ligaments, bruises, and other bodily injuries caused by contact with other participants, objects used doing martial arts activities, or walls, matting or the floor; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safe equipment, without jeopardizing the essential qualities of the activity.
2. I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition. if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation, and not wait to be told to do so.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs
to enforce this agreement. I agree to indemnify and hold them harmless for all such fees and costs.
4. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of any risks that may be created, directly or indirectly, by any such condition.
5. I recognize that for advertising purposes alone, I may be photographed or video recorded while participating in events at Releasee’s facility or off-site events, and voluntarily grant to MKG Detroit, LLC, and all of its owners, directors, officers, and employees perpetual and exclusive right to distribute any and all media (print, digital and internet video, DVD, or any other present or future medium of electronic distribution) in accordance with the law. I agree that I will not bring nor give consent to others to bring any charge or suit against MKG Detroit, LLC, on the grounds that anything contained within publicly-distributed media and advertising materials is deemed defamatory, or in violation of rights to privacy and publicity.
6. In the event that I file a lawsuit, I agree to do so solely in the state where Releasees' facility is located, and I further agree that the substantive law of that state shall apply.
7. I agree that if any portion of this agreement is found to be void or unenforceable; the remaining portions shall remain in fuIl force and effect.
By signing this document, I agree that if I am hurt or my property is damaged during my participation in this
activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence. I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also. I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I to be bound by its terms.