This section addresses your legal rights. By signing this document you will waive certain legal rights, including the right to sue. PLEASE READ THIS DOCUMENT CAREFULLY!
In consideration of your participation in training, classes, seminars, events, and related activities, or any of them, and for other good and valuable consideration, the receipt and sufficiency of which you acknowledge, you represent, warrant, covenant and agree with Volpe Martial Arts Ltd., its members, clubs and schools, and all of their respective directors, officers, agents, and instructors that:
1. On the date of signing this document you are at least 18 years old; and
2. You are familiar with and accept that there is always the risk of serious injury and death resulting from participation in any training, classes, seminars, events, and related activities, or any of them, including without limitation self-defence courses and other related seminars offered as part of the programs of Volpe Martial Arts Ltd. and/or its charter and associate members, clubs, and schools, and all of their respective directors, officers, agents, and instructors, (collectively, the “Programs”) wherever the Programs may be offered, and without limiting the generality of the foregoing, you understand and agree that the activities and the Programs of Volpe Martial Arts Ltd. and/or its charter members, clubs, and schools, and all of their respective directors, officers, agents, and instructors, are contact sports, and that contact sports in general, have inherent dangers that no amount of care, caution, training, instruction, supervision or expertise can eliminate; and
3. You have satisfied yourself and believe that you are physically, emotionally, and mentally able to participate in the Programs, and you acknowledge and agree that Volpe Martial Arts Ltd. and/or its charter and associate members, clubs, and schools, and all of their respective directors, officers, agents, and instructors, are not responsible for determining your fitness to participate; and
4. You understand that at all times the sole responsibility for personal safety remains with you; and
5. You will immediately remove yourself from participation or refuse to participate if at any time you experience any deterioration in your physical, emotional or mental fitness for continued participation in any event or related activity, or if you feel unsafe.
YOU UNDERSTAND AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, EXECUTORS, ASSIGNS, PERSONAL REPRESENTATIVES, AND NEXT OF KIN THAT YOUR EXECUTION OF THIS DOCUMENT CONSTITUTES:
1. AN UNQUALIFIED ASSUMPTION BY YOU OF ALL RISKS of every nature whatsoever associated with your participation in any Programs of Volpe Martial Arts Ltd. and/or its charter and associate members, clubs, and schools, and all of their respective directors, officers, agents, and instructors, wherever the Programs may be offered, even if arising from the negligence or gross negligence, including any compounding or aggravation of injuries caused by negligent first aid or rescue efforts, operations or procedures, of Volpe Martial Arts Ltd. and/or its charter and associate members, clubs, and schools, and all of their respective directors, officers, agents, and instructors, wherever the Programs may be offered and any and all persons associated therewith or participating therein in any capacity, and without limiting the generality of the foregoing, YOU EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF PERSONAL INJURY, PERMANENT, TEMPORARY, TOTAL OR PARTIAL DISABILITY, DISFIGUREMENT, PARALYSIS, AND DEATH, ANY OTHER LOSSES OR DAMAGES TO PERSON OR PROPERTY OF ARISING OUT OF OR RELATED TO THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE RELEASEES (as defined below), or arising out of or related to any hidden, latent or obvious defects in the facilities or equipment used;
2. A FULL AND FINAL RELEASE AND WAIVER OF LIABILITY AND ALL CLAIMS that you have, or may in the future have, against Volpe Martial Arts Ltd. and/or its charter and associate members, clubs, and schools, and all of their respective directors, officers, agents, and instructors, and any representatives, volunteers, guest or assistant instructors or others participating in any capacity, (all of whom are collectively referred to as “Releasees”) from any and all liability for any loss, damage, injury or expense that you may suffer as a result of your presence at any facilities, or your participation in any part of or presence at any or all of the Programs of the Releasees due to any cause whatsoever, INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE RELEVANT OCCUPIERS LIABILITY ACT ON THE PART OF THE RELEASEES;
3. AN AGREEMENT NOT TO SUE THE RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly, from your participation in any aspect of the Programs;
4. AN AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they or any one of them may incur due to any demand, claim, action or proceeding made or brought against them or any one of them whether the demand, claim, action or proceeding is based on the negligence or the gross negligence of the Releasees or otherwise;
5. AN AGREEMENT that this document be governed by the laws of the Province of Ontario and the federal laws of Canada applicable thereto, without regard to conflict of laws principles and that the parties hereto shall attorn to the jurisdiction of the courts of the Province of Ontario, and an understanding that the foregoing assumption of risk, release, waiver, agreement not to sue, and indemnity are intended to be as broad and inclusive as is permitted by the law of the Province of Ontario and that if any portion is held invalid, it is agreed that the balance shall continue in full legal force and effect;
6. A CONSENT to the sharing of information contained in this form with the insurers, brokers, and insurance underwriters of Volpe Martial Arts Ltd. in connection with coverage or any other matter relating hereto, and for other uses in accordance with Volpe Martial Arts Privacy Policy;
7. THE UNLIMITED, IRREVOCABLE, PERPETUAL, ROYALTY-FREE, FULLY PAID UP, WORLDWIDE RIGHT AND LICENSE to use, distribute, reproduce, modify, publish, broadcast, and transmit, in whole or in part and in any medium whatsoever, all audio, photographs, and video recordings and images taken of you during your participation in or presence at any of the Programs, and which may be used in the promotion of the Programs or in any commercial or academic works created distributed, published, broadcast, or transmitted, in whole or in part therefrom, by Volpe Martial Arts Ltd. and you understand and agree that there will be no compensation for any such use, and you further release all claims to any and all damages resulting from such use; and
8. AN ACKNOWLEDGEMENT that you have been afforded the opportunity to seek and obtain independent legal advice regarding this document and its content and implications.
YOU HAVE READ AND UNDERSTAND THIS DOCUMENT AND ARE AWARE THAT BY SIGNING IT YOU ARE WAIVING CERTAIN SUBSTANTIAL LEGAL RIGHTS WHICH YOU AND YOUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND ASSIGNS MAY HAVE AGAINST THE RELEASEES EITHER INDIVIDUALLY OR COLLECTIVELY.
YOU SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT.
IF THE BUYER/STUDENT/PARTICIPANT IS UNDER THE AGE OF 18 YEARS, THE UNDERSIGNED CONFIRMS THAT THEY ARE THE PARENT OR LEGAL GUARDIAN OF THE BUYER/STUDENT AND AGREE TO THE TERMS, REPRESENTATIONS AND WARRANTIES AND THE RELEASE PROVISIONS SET OUT IN THIS AGREEMENT.