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Liability Waiver and Release Form
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A LEGALLY BINDING DOCUMENT.
This Liability Waiver and Release Form ("Waiver") is made by and between Cheticamp Martial Arts (CMA), located at [16325 Cabot Trail, Petit Étang NS B0E 2M0], ("Gym") and the undersigned individual, or the parent/guardian of a minor, ("Participant").
1. Acknowledgment of Risks
The Participant acknowledges and understands that Brazilian Jiu-Jitsu ("BJJ") is a physically demanding activity that involves strenuous physical exercise, intense physical contact, and the use of self-defense techniques.
The Participant is aware that participation in BJJ and related activities, including but not limited to, sparring, grappling, drills, and conditioning exercises, carries inherent risks, including but not limited to, bruises, sprains, strains, fractures, dislocations, concussions, and other serious personal injuries, paralysis, and even death.
The Participant understands that these risks may arise from the actions or inactions of the Participant, other participants, the instructors, or the Gym, or from the condition of the premises or any equipment used.
2. Assumption of Risk
The Participant willingly and voluntarily assumes full responsibility for all risks of injury or loss, including but not limited to, personal injury, property damage, or death, that may occur as a result of participation in any activities offered by the Gym, including but not limited to, training sessions, classes, competitions, events, or other related activities, whether on or off the Gym premises.
3. Release and Waiver of Liability
In consideration of being allowed to participate in any activities offered by the Gym, the Participant, on behalf of themselves, their heirs, assigns, personal representatives, and next of kin, hereby releases, waives, and discharges Cheticamp Martial Arts, its owners, officers, directors, employees, instructors, agents, volunteers, and affiliates (collectively, the "Released Parties") from any and all liability, claims, demands, or causes of action, whether known or unknown, arising out of or related to any loss, injury, or damage, including death, that may be sustained by the Participant, whether caused by the negligence of the Released Parties or otherwise.
4. Indemnification
The Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, liabilities, costs, expenses (including reasonable attorneys' fees), or damages arising out of or related to the Participant’s involvement in any activities offered by the Gym, including but not limited to, any claims arising from the Participant’s own negligence, the negligence of other participants, or the negligence of the Released Parties.
5. Medical Treatment
The Participant authorizes the Gym and its representatives to obtain medical treatment on the Participant’s behalf if the Participant is injured or becomes ill while participating in any activities offered by the Gym. The Participant agrees to be financially responsible for any and all medical treatment provided.
The Participant acknowledges that the Gym does not carry or maintain health, medical, or disability insurance coverage for the Participant and that the Participant is expected and encouraged to maintain their own insurance coverage.
6. Compliance with Rules
The Participant agrees to comply with all rules, policies, and instructions set forth by the Gym, its instructors, and staff. The Participant acknowledges that failure to follow these rules may result in the immediate termination of participation in any activities offered by the Gym without any refund of fees.
7. Media Release
The Participant grants the Gym the irrevocable right and permission to photograph, video record, or otherwise capture the Participant’s likeness, voice, and participation in any activities offered by the Gym and to use such media for promotional, marketing, instructional, or any other lawful purposes without compensation to the Participant.
The Participant waives any right to inspect or approve the final use of such media and understands that the Gym will own the rights to all such media.
8. Governing Law and Jurisdiction
This Waiver shall be governed by and construed in accordance with the laws of the Province of Nova Scotia, without regard to its conflict of laws principles. Any disputes arising out of or related to this Waiver or the Participant’s participation in any activities offered by the Gym shall be resolved exclusively in the courts located in Nova Scotia.
9. Severability
If any provision of this Waiver is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
10. Entire Agreement
This Waiver constitutes the entire agreement between the Participant and the Gym with respect to the subject matter herein and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
11. Acknowledgment of Understanding
The Participant acknowledges that they have read this Waiver, fully understand its terms, and understand that they are giving up substantial rights, including the right to sue the Released Parties. The Participant acknowledges that they are signing this Waiver freely and voluntarily, and intend their signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.