STUDENT RESPONSIBILITIES
The safety of every student, spectator and other attendee at AMA events is a matter of shared responsibilities. In addition to the school’s reasonable care and good faith efforts to implement safety measures at all its events, students also must uphold key duties. As noted above, the Student at all times must comply with AMA’s student creed, which is adopted by reference as though set forth fully herein. The Student must also exercise reasonable care to ensure his, her or their safety, as well as the safety of others in attendance at every school event. Among other practices, this duty requires the Student to give those who are training nearby adequate physical space to avoid being accidentally struck by the Student, another martial arts practitioner, or martial arts equipment. Compliance in this regard is particularly important when anyone is training with or otherwise handling a weapon. It is incumbent on the Student to evaluate every situation mindful of his, her or their current skill level, physical condition and any limitation. If ever the Student believes that a particular exercise, drill or other school activity will subject him, her, them or anyone else to harm, it is both the Student’s right and responsibility to withdraw from the activity. Where an instructor inquires as to the reason for the withdrawal, the Student shall identify such reason(s). Additionally, adult students, minor student’s parent(s) and/or guardian(s), and the undersigned must notify their guests who attend any AMA event of the safety protocols and responsibilities identified throughout this document. Every school event attendee must exercise reasonable care to ensure his, her or their safety, as well as adhere to all COVID-19 protocols identified above.
ASSUMPTION OF RISK AND DUTY TO NOTIFY GUESTS
There are two risks the Student, the undersigned, and their guests assume while attending any AMA event. The first risk that all attendees assume (i.e., accept) relates to the nature of martial arts, which is a potentially dangerous activity. While bumps, bruises, scrapes, scratches and soreness are commonplace, more serious injuries are possible, such as sprains, strains, twists and other soft-tissue injuries, as well as fractures and other hard-tissue injuries. Not all students experience injuries, but the potential always exists. Students and minor students’ parent(s) and/or guardian(s) thus assume the risk that such outcomes are possible. Similarly, despite implementation of safety measures and use of protective equipment, there remains the remote possibility of crippling, other permanent condition or death, though such outcomes are highly unanticipated. Beyond the potential for participants to experience any of the conditions noted above, AMA cannot out rule the possibility that spectators at in-person school events could sustain any of the above-referenced outcomes by virtue of physical proximity to the practice or performance of martial arts. As such, students, minor students’ parent(s) and/or guardian(s), and all students’ guests assume the risk of these potential results. The second risk assumed relates to the potential for exposure to the COVID-19 virus, as addressed above. Though the school implements reasonable measures to prevent in-person attendees from being exposed to COVID-19, students, minor students’ parent(s) and/or guardian(s), and students’ guests assume the risk of potential exposure and infection, along with the possibility of resulting illness, disability, and/or death. As relates to both risks identified in this section, the Student and the undersigned voluntarily assume each risk, and further agree that it is incumbent on them to notify their guests that, by attending an in-person AMA event, such guests also assume both risks. As noted above, AMA emphasizes that school event attendees must exercise reasonable care to ensure their safety, as well as adhere to all above COVID-19 protocols.
WAIVER AND RELEASE OF LIABILITY, INCLUDING AS RELATES TO COVID-19
It is expressly understood and agreed that, in consideration of the martial arts training, related services and resources that AMA provides, the Student and the undersigned, as well as their heirs, successors, executors, administrators and assigns, voluntarily waive the right to pursue legal action, covenant not to sue, voluntarily release, forever discharge, and agree to indemnify and hold harmless Alpha Martial Arts, LLC; Christopher M. Herrman individually; the Herrman marital community; and AMA’s instructors, employees, volunteers, agents and other representatives, from and against any and all claims, costs, damages, demands, expenses (including reasonable attorney’s fees, if any, incurred on the Student’s behalf), liabilities, or losses of any kind or nature whatsoever, which the Student and the undersigned may have or which subsequently may accrue as a result of attendance at and/or participation in any AMA event.
PHOTO/VIDEO RELEASE AND DUTY TO NOTIFY GUESTS
AMA takes photographs and videos of students in class and at other school events. The Student and the undersigned authorize AMA and its agents to photograph, record, and use the likeness of the Student and any of his, her or their guests. Concerning all such photos and videos, the Student and the undersigned grant AMA and its agents permission as well as the absolute and irrevocable right to (1) copyright in AMA or any other name they may select; (2) post, re-post, publish, re-publish, and otherwise use and re-use the same, in whole or in part, separately, or in conjunction with any other medium now or here after known, and for any purpose whatsoever; and (3) reference the Student’s name, as well as the student’s parents’ or guardians’ and/or other guests’ names. The Student and the undersigned further agree that that he, she or they have no rights to the photos and videos taken by AMA and its agents, and that all such rights belong to the school and said agents. The Student and the undersigned thus waive any right to or claim for compensation regarding such photos and videos, release and discharge AMA and its agents from any and all related claims and demands, and further acknowledge that the entirety of this photo/video waiver and release is binding upon his, her or their heirs and assigns. Because this provision applies to the Student’s and the undersigned’s guests at all in-person AMA events, it is incumbent on the Student and the undersigned to notify their guests accordingly.
INSUBORDINATION
If the Student demonstrates repeated failures or a single egregious failure to comply with his, her or their responsibilities identified in this Student Release Form, including but not limited to upholding the AMA student creed, complying with all COVID-19 mandates herein, and refraining from conduct that takes advantage of the physical contact intrinsic to martial arts training, such failure(s) shall jeopardize the Student’s ability to continue to train at AMA. Minor students’ parents and guardians must explain to their child(ren) all student responsibilities specified in this document.
DISPUTE RESOLUTION VIA BINDING ARBITRATION
Should any dispute arise between AMA and the Student and/or the undersigned, including as relates to interpretation and/or enforcement of any provision in this document, the parties agree that the dispute shall be resolved via binding arbitration by a “local neutral” Arbitrator from either Judicial Arbitration and Mediation Services of Seattle (“JAMS,” www.jamsadr.com) or Judicial Dispute Resolution of Seattle (“JDR,” https://jdrllc.com). Arbitrators who serve at JAMS and JDR are former state and federal court judges with extensive legal experience. The parties shall cooperate in selecting an agreed Arbitrator from either firm based on the Arbitrator’s availability. Binding arbitration shall be scheduled and conducted with the agreed Arbitrator within a reasonable time after the dispute arises. All fees and costs charged by the Arbitrator shall be split equally between the parties and paid for in accordance with JAMS’ or JDR’s client policies.
ATTORNEY’S FEES TO PREVAILING PARTY
If the Student or the undersigned breach this agreement by filing an action in any Court of law, despite the above provision requiring the parties to submit all disputes to binding arbitration, the parties authorize the Court to enter an Order referring the matter for final resolution to either JAMS or JDR, as established above. The parties further agree that all costs and expenses incurred by the prevailing party for the purpose of responding to such legal action shall be paid in full by the non-prevailing party. The payment of costs and expenses owed by the non-prevailing party include the prevailing party’s reasonable attorney’s fees and related charges, which shall be paid within a reasonable time.
DURABILITY AND SEVERABILITY
This document is effective with no expiration from the date of signing. Where the Student visits the school, commences training, or otherwise participates in any AMA event before the date on which this Student Release Form is signed, the terms herein apply retroactively to the date of the Student’s initial school event. If any above provision or portion thereof is deemed invalid or unenforceable in binding arbitration, the remainder of this document shall remain valid and enforceable, and the invalid provision or portion thereof shall be considered stricken.
CERTIFICATION
I certify that I have read this Assumption of Risk, Waiver and Release Agreement (i.e., Student Release Form) and fully understand and agree to its terms.
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Signature*
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Print Name
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Date
*If you are submitting this form electronically with a typed name on the Signature line, you understand and further certify that you have freely and voluntarily executed this document and that your typed name in the Signature field constitutes a legally binding signature.