TEXAS DEFENSE ACADEMY TDA Waiver of Liability and Indemnity Agreement
In consideration of being permitted to participate in any way in the Martial Arts/Fighting Arts Program indicated below and/or being permitted to enter for any purpose any restricted area (herein defined as any area where in admittance to the general public is prohibited), the participant (A.K.A student), parent(s) and/or legal guardian(s) below agree: 1. The student(s), parent(s) and/or legal guardian(s) of minors, understand that before participating in the below 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. I/We fully understand and acknowledge that: (1) There are risks and dangers associated with participation in martial arts events and activities that could result in bodily injury partial and/or total disability, paralysis and death. (2) The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe. (3) 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.( 4) There may be other risks not known to us or are not reasonably foreseeable at this time. 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 Releasees named below. 4. I/We HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the facility used by the participant, including its owners, managers, members, 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 training facility Texas Defense Academy TDA or events held at such facility and each of them, their directors, officers, agents, employees, all for the purpose herein referred to as “Releasee”…From all liability to the undersigned, 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 events(s) caused alleged to be caused in whole or in part by the negligence of the Releases or otherwise. 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. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES. 6. I/We herby give permission to administer first aid and or call emergency services for assistance if necessary. The treatment in this facility will be first aid only and I/We agree to hold the Releasees harmless for any consequences resulting from that first aid. I/We further agree that the participant, parent and or legal guardian will bear all costs associated with any emergency care or ongoing treatment. 7. Each of the Undersigned 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. 8. On behalf of the participant and individually, the undersigned participant, parent(s) and/or legal guardian(s) for minor participants, executes this Waiver and Release. If, despite the release, the participant makes a claim against any of the Releases, the participant, parents(s) and/or legal guardian(s) will reimburse the Releases for any money which they have paid to the participant, or on his behalf and hold them harmless. 9. Assumption of the Risk and Waiver of Liability Relating to Coronavirus (COVID-19): COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Texas Defense Academy has put in place preventative measures to reduce the spread of COVID-19, however, Texas Defense Academy cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Texas Defense Academy could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the Texas Defense Academy and that such exposure infection may result in personal injury, illness, permanent disability, and/or death. I understand that the risk of becoming exposed to or infected by COVID-19 at Texas Defense Academy may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Texas Defense Academy employees, volunteers, and program participants and their families.I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experiencer incur in connection with my child(ren)’s attendance at the Texas Defense Academy or program participation. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the Texas Defense Academy, its employees, agents, and representatives, of and from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of the Texas Defense Academy, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Texas Defense Academy program. 10. I/We further grant permission to the Releases, Texas Defense Academy, to use any and all photographs, video, audio or any other recorded media, of the participant, including, but not limited to: their images, names and likenesses, without notification. I/We HEREBY waive any right to inspect or approve the photographs or any other electronically recorded media that may be used now or in the future, whether that use is known to me or unknown and I waive any right to royalties or other compensation arising from or related to the use of this material. I hereby agree to release and hold harmless the Releases from and against any claims, damages or liability arising from or related to the use of the material, including, but not limited to any re-use, alteration, optical illusion, use in composite form, advertising or sales, either intentionally or otherwise, that may occur or be produced in production. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW
