Balance Martial Arts Limited: Waiver and Release Agreement (Adults)
PLEASE NOTE THAT YOU MUST READ AND SIGN THIS DOCUMENT BEFORE YOU ARE PERMITTED TO PARTICIPATE IN ANY SERVICES OFFERED BY BALANCE MARTIAL ARTS LIMITED (THE “CLUB”) AT UNIT 165, CANON WORKSHOP, LONDON E14 4AS (THE “PREMISES”).
You are about to take part in a potentially dangerous activity. You will always be responsible for taking care of your health and safety, and you must inform the instructor and your training partners about any physical restrictions or injuries you may have as and when they arise. If you feel unwell and believe you may be contagious, you must not train in order to protect the health and safety of your training partners. It is solely your responsibility to notify your training partner if you feel uncomfortable or experience pain, including while sparring/rolling e.g. clearly signalling to your training partner to stop applying a particular technique, either verbally or by tapping. You cannot hold the Club or its staff, volunteers or students responsible and/or liable if you experience any form of injury. It is solely your responsibility to treat and manage any existing or new injuries you may have, whether incurred on or off the Premises. If you disagree with anything contained in this waiver and release agreement (the “Waiver”), you must not participate in any Brazilian Jiu Jitsu and/or Mixed Martial Arts classes, open mats, private classes, training sessions, competitions, events or seminars organised by the Club whether on or off the Premises (the “Activities”).
I, hereby state that I have read, fully understand and agree with the terms of: (1) this Waiver, (2) the Terms and Conditions for Debit Finance payments and (3) the Code of Conduct of the Club.
By signing at the bottom of this Waiver, I confirm that: I am in full agreement with the terms and conditions as set forth; I am in good health and in appropriate physical condition to take part in the Activities; I am voluntarily participating in the Activities; my spouse, heirs, next of kin, guardian(s), successor(s), agent(s) and/or any other connected party to me, as applicable, (“Member Parties”) shall also be bound by the relevant covenants set forth; and I intend to enter a valid and legally binding agreement between the Club and me in respect to its subject matter.
Application and Acceptance of Membership
I hereby acknowledge, accept and agree to the following:
§ The decision to accept the application of an applicant is at the sole discretion of the Club. The Club reserves the right to verify or require proof of all information provided by an applicant before granting membership.
§ If the membership application is accepted by the Club, such membership shall commence on the date of this Waiver.
§ Any fraudulent, wrongful, misleading or incorrect information provided by an applicant could result in the cancellation of all membership rights as well as full reimbursement to the Club for any financial losses it incurs as a result.
§ All membership rights may be cancelled if a member does not adhere to the Code of Conduct of the Club or the Terms and Conditions for Direct Finance payments.
§ Members paying by direct debit have the right to cancel their membership and therefore terminate this Waiver by providing written notice of cancellation to the Club. Written notice of cancellation must be received by the Club more than 30 days before the next direct debit date to avoid being charged for the following month. The Club will not reimburse or refund any direct debit charges due to a member’s failure to provide its written cancellation notice in compliance with this rule.
Waiver and Release
I agree to defend, indemnify and hold harmless the Club and/or its owners, directors, instructors, coaches, employees, volunteers, students or any other releasees (as the case may be, or as amended from time to time) (collectively, the “Club Members”) against any and all liabilities, costs, damages, demands, claims and expenses of any kind (including, without limitation, legal fees and/or medical expenses) that may hereafter at any time be made or brought by me, any Member Parties or by any other party on my or any Member Parties’ behalf, for the purpose of commencing, pursuing and enforcing a claim for damages or any other remedy on account of any loss, injury, accident, death, illness or damage (including to a person and/or property), or delay or inconvenience of any kind sustained or arising out of the aforesaid Activities, including (but not limited to) any such claims or causes of action resulting from or arising out of the negligence of the Club or the Club Members.
Assumption of Risks: I acknowledge and accept that Brazilian Jiu Jitsu and Mixed Martial Arts are full body contact martial arts, and confirm that I am fully aware that my voluntary participation in the Activities involves (a) risk of accidents, serious bodily injury including but not limited to permanent disability, paralysis and/or death (collectively, the “hazards”); (b) other risks and social and economic losses, including but not limited to emotional distress, psychological harm, property damage and all other dangers not known or not readily foreseeable at this time (collectively, the “risks”); and I further acknowledge and agree that (c) the hazards and risks may be caused by my own action or inactions, the actions or inactions of others participating in the Activities, the condition in which the Activities take place, or the negligence of the Club and/or Club Members. I fully accept that all such hazards and risks may occur in, before, during and/or after such Activities, and I agree that the Club and Club Members are free from any responsibility and/or liability in respect to any losses, costs and damages incurred as a result of my participation in the Activities or attendance on the Premises, whether due to any actions, inactions and/or negligence as above mentioned in (a), (b) and (c).
Release of Liability: I hereby irrevocably waive, release, discharge and hold the Club and Club Members harmless from and against all losses, liabilities, claims, costs, damages, demands and expenses on my account, caused or alleged to be caused in whole or part by the negligence of the Club and/or any Club Members or otherwise, including but not limited to negligent rescue operations. I hereby acknowledge and agree to irrevocably waive any right I may have now or in the future to sue the Club or any Club Members arising from and in connection with any and all hazards and/or risks (including but not limited to legal fees and/or medical expenses), whether occurring on or off the Premises and/or in connection with the Activities. I acknowledge and agree that I bear the sole and exclusive responsibility of any hazards and/or risks, and further agree that in the event that I, any Member Parties, or anyone on my or a Member Parties’ behalf, makes a claim against the Club and/or any Club Members, I will indemnify, save and hold harmless the Club and any and each relevant Club Member from any legal expenses/fees, loss, liability, damage or cost which may be incurred as a result of such claim.
Knowing and Voluntary Execution: I represent and warrant to the Club that I possess all rights necessary to execute, deliver and perform the full terms of this Waiver, and I understand that this Waiver includes an assumption of the risk of negligence on the part of the Club and/or any Club Members and I release the Club and all Club Members from any and all liabilities that may arise at any time. I acknowledge and agree that the Club relies on this Waiver at all times in allowing me to participate in the Activities.
No Lawsuit: I represent and confirm to the Club that I, my Member Parties, and any other party on our behalf will not commence, pursue or institute any lawsuit or claim any liability, in law or equity, against the Club and/or the Club Members with respect to the hazards and risks.
No Representation or Warranties: I acknowledge and accept that neither the Club nor any of the Club Members make any representation or warranty to me or my Member Parties, whether express or implied, with respect to the Activities, the Premises, the Club and/or the Club Members.
Limitation of Liability: I acknowledge and accept that, nothwithstanding any provision of this Waiver to the contrary, the Club and the Club Members shall not be liable to me, my Member Parties or any other person or entity for any direct, indirect, special, incidental, consequential, punitive or exemplary damages (including but not limited to lost revenues, anticipated revenues or profits), whether in an action in contract or tort, under statute or otherwise, arising from any claim directly or indirectly relating to or arising in connection with the Activities, the Premises and/or this Waiver.
Release of Likeness Rights: I grant to the Club, its licensees, successors and assign, a non-exclusive, irrevocable licence to distribute, record, broadcast, exhibit, advertise and disseminate in perpetuity through the world the following elements: my likeness, voice, relevant biographical material, suggestions, testimonials, materials, including but not limited to photos and videos, ideas, and any actions performed by me or words spoken by me, in each case on or in connection with the Activities (hereinafter, “Member’s Likeness”) either in whole or in part, solely and exclusively. I acknowledge and agree that the Club will own all rights, title and interest in any and all results and proceeds from use of the Member’s Likeness in any and all media now known or hereafter devised without compensation or benefits of any kind. I acknowledge, agree and accept that the Club is not obliged to actually use the Member’s Likeness, and that there is CCTV recording at the Premises 24 hours a day and this footage is not available for my use nor any other party save for the Club.
Severability: If any provision of this Waiver is determined by a court of competent jurisdiction to be invalid, unlawful or unenforceable in whole or in part, such provision shall be excluded from this Waiver, and all other provisions shall continue to be valid, lawful and enforceable in all respects to the fullest extent permitted by law.
Governing Law: This Waiver shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under this Waiver shall be adjudicated before the courts of England and Wales. By signing this Waiver, I agree to irrevocably waive any objection I may now or hereafter have as to the venue of any such suit, action or proceeding brought in such a court or that such court is an inconvenient forum.
Entire Agreement: This Waiver constitutes the sole and entire understanding between me and the Club and the subject matter hereof, and it supersedes all prior agreements, promises, proposals, representations, understandings and negotiations (if any), whether written or oral, between me and the Club with respect to the subject matter.
Modifications: No amendment, supplement or modification to this Waiver shall be binding unless made in writing and signed by the parties hereto.
I acknowledge and agree that: I have read and understand this Waiver in full and I am familiar with each and all of the terms, covenants and conditions contained herein; I am satisfied that all terms, covenants and conditions contained herein are fair and equitable; I hereby give my express consent to the execution of this Waiver; in the event I wish to revoke my consent at any time, it is my obligation to inform the Club in writing and I accept that such consent will only be revoked on my receipt of a response from the Club or an appropriate Club Member expressly accepting such revocation; and I shall ensure that I do not participate in the Activities or attend the Premises in the event I revoke my consent in accordance with the terms of this Waiver and that adherence in this respect is solely my responsibility.
By signing this Waiver, the parties agree to be legally bound by its terms, undertakings, covenants and conditions, effective from the date written beneath the signature of the applicant.
