1. Background Check
I/we have not been convicted of a felony or any offense specified in Penal Code sections 23515 and 29905, or convicted of assault, battery, or other misdemeanor offense specified in Penal Code section 29805 in the last 10 years. I/we are not a danger to myself/ourselves or others pursuant to Welfare and Institutions code 8100, nor have I/we have been admitted to a mental health facility as a danger to self or others pursuant to Welfare and Institutions code 5150 through 5250 in the past 5 years. I/we have never been adjudicated by a court to be a danger to myself/ourselves or others, found not guilty by reason of insanity, found incompetent to stand trial, or placed under a conservatorship, pursuant to Welfare and Institutions code 8103. I/we are not currently the subject of any restraining order pursuant to Family Code section 6380.
2. Waiver and Release
In consideration of being permitted to participate in any way in the Martial Arts training held by Todai Dojo and/or being permitted to enter any restricted area (here in defined as any area where in admittance to the general public is prohibited) I or the parent(s) and/or legal guardian(s) of the minor participant named in the Student Application agree:
2.1 The parent(s) and/or legal guardian(s) will instruct the minor participant that prior to participating in the martial arts activity or event, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate. I understand and agree that, if at any time, I feel anything to be UNSAFE, I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
2.2 I/WE fully understand and acknowledge that:
(a) There are risks and dangers associated with participation in martial arts events and activities which could result in bodily injury partial and/or total disability, paralysis and death.
(b) The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
(c) These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named below.
(d) There may be other risks not known to us or are not reasonably foreseeable at his time.
2.3 I/WE accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasee(s) named in the Student Application.
2.4 I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the martial arts facility used by the participant , including its owners, managers, promoters, lessees of premises used to conduct the martial arts event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the martial arts facility or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as “Releasee”…FROM ALL LIABILITY my/our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.
2.5 I/WE HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. I/WE also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEE.
2.6 I/WE further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid it is agreed that the balance shall, notwithstanding continue in full legal force and effect.