RELEASE, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT
In consideration of participating in martial arts and fitness classes, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from the negligence of IMPACT FITNESS AND MARTIAL ARTS ACADEMY, LLC and its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representatives and estate (hereinafter collectively referred to as “I”), in relation to my participation in activities (including but not limited to fitness classes, sports performance training, martial arts classes, wrestling, camps and clinics, boot camps, open recreation, personal training, weight training and conditioning (hereinafter collectively referred to as “activity” or “activities"), and also agree as follows:
- I acknowledge that the sport of martial arts involves known and unanticipated risks which could result in physical or emotional injury, paralysis, or permanent disability, death, and property damage or loss. Risks include, but are not limited to, death, paralysis, broken bones, torn ligaments, bruises, unconsciousness, bloody noses, cardiovascular injury, and other bodily injuries caused by contact with other participants, objects used during martial arts activities, or walls, matting, or the floor; medical conditions resulting from physical activity; and damaged clothing or other property. I understand the danger and risk of participating in the activities may not only result in bodily injury, but also impairment of future abilities to earn a living; engage in other business, social and recreational activities and generally to enjoy life. I understand that participation in the activities involve risks incidental thereto, including but not limited to: travel to and from competitions, practices, classes, limited availability of immediate medical assistance, overstraining, improper technique, equipment failures, failure to follow instruction, tripping or falling, overexertion, uncontrollable natural elements, or horseplay. I acknowledge that injuries may be compounded or increased by negligent rescue operations or procedures of the Releasees. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
- I expressly accept and assume all 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 equipment or event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately notify the Releasees and discontinue participation.
- 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 past, current, and future participation in this activity, or my use of their equipment or facilities, arising from reason of contract, strict liability, negligence, or under any other theory of the law. This release does apply to claims for death, injury, property damage, and loss of income or profits, whether or not such claims are disclosed or foreseeable. This release does not apply to claims arising from direct and sole gross negligence or willful misconduct of the Releasees. 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.
- 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 – all risks that may be created, directly or indirectly, by any such condition. I understand that Releasees strongly recommend that I consult with a physician prior to engaging in strenuous physical activity.
- I hereby give consent to be photographed during participation in this activity, and I agree that the images so obtained may be used for educational and public relations purposes by Impact Fitness and Martial Arts Academy, LLC.
- 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.
- I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full 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 bases 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. 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 understand that this acknowledgement of risk and hold harmless is tended to be as broad and inclusive as permitted by the laws of the State of Wisconsin and that if any portion hereof is held invalid, I agree that the balance shall, notwithstanding, continue I full legal force and effect. I agree that this acknowledgement of risk and hold harmless is effective for as long as I participate in the activities. I intend my signature to be complete and unconditional release of all liability to the greatest extent allowed by law. I have signed it freely and voluntarily without any inducement, assurance, or guarantee being made to me. I have read and fully understood this document and I agree to be bound by its terms, purpose, and legal effect.
If I am signing as a Parent/Guardian on behalf of a minor, I further agree to indemnify and hold harmless Releasees from any claims alleging negligence which are brought on by or on behalf of minor or are in any way connected with such participation by minor.