Balance Martial Arts Limited: Waiver and Release Agreement (Minors)
A PARENT OR LEGAL GUARDIAN MUST REVIEW AND SIGN THIS BEFORE THEIR CHILD CAN PARTICIPATE
You have received this waiver and release agreement (the “Waiver”) because you intend for your child to participate in Brazilian Jiu Jitu classes offered by Balance Martial Arts Limited (the “Club”) at Unit 165, Canon Workshop, London E14 4AS (the “Premises”).
Your child is about to take part in a potentially dangerous activity. By signing this Waiver, you agree, amongst other things, to not hold the Club or its staff, volunteers or members responsible and/or liable if your child is injured on or off the Premises, including during their participation in the classes, training, events or seminars offered by the Club (the “Activities”). If your child has existing injuries or in the event your child is subject to new injuries while participating in the Activities, your signing of this Waiver confirms your agreement to be solely responsible for the treatment and management of any existing or new injuries that your child may experience from time to time. If you do not agree with the terms of this Waiver, you must not allow your child to take part in the Activities.
(Please note that the Club requires you to sign a separate waiver for each child you have taking part in the Activities.)
I, as parent/legal guardian of the child I’m signing up, 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. On the acceptance of this signed Waiver by the Club, I confirm that I intend to enter a valid and legally binding agreement between the Club and me in respect to my child.
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 the child named above or by anyone on their behalf, or on behalf of any of them, 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 the nature of Brazilian Jiu Jitsu is a full body contact martial art, and confirm that I am fully aware that my child’s 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 child’s 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. As the parent/legal guardian of the child participating in the Activities, 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 child’s 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 child’s 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 all hazards and/or risks (including but not limited to legal fees and/or medical expenses), whether occurring on or off the Premises or in connection with the Activities. I acknowledge and agree that I bear the sole and exclusive responsibility of any hazards and/or risks in respect to my child, and further agree that in the event that my child, or anyone on my child’s 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 as the parent/legal guardian of my child, I have and will continue to act prudently on my child’s behalf, and that as their parent/legal guardian, 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 the my child to participate in the Activities.
No Lawsuit: I represent and warrant to the Club that my child or anyone on my child’s 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 child, 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 child 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.
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 with respect to my child 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, any other parent/legal guardian of my child and the Club with respect to such 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 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 acknowledge and agree I am satisfied that all terms, covenants and conditions contained herein are fair and equitable, and I hereby give my express consent on behalf of my child named above to the execution of this Waiver and to participate in the Activities and attend the Premises. I acknowledge and agree that, 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. I acknowledge and agree to ensure that my child does 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 I accept that this 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 parent/legal guardian.
