WAIVER AND RELEASE OF CLAIMS This Intro Class Waiver and General Release of Claims (“Intro Waiver”) is being executed for the benefit of Primal Ability, Ltd, an Ohio limited liability company doing business as Ohio Krav Maga, Ohio KM & F, and Crossfit OKM (collectively “OKM”) and OKM’s affiliates including the United States Krav Maga Association and Crossfit. Specifically, this Intro Waiver shall also be construed for the benefit of OKM’s (and its affiliates’) respective directors, officers, managers, members, employees, contractors, landlords, agents, and assigns and all other Members and guests of OKM (together with OKM and its affiliates, hereafter referred to as the “Released Parties”). The undersigned shall sometimes be generally referred to as a “Member” or collectively as “Members”.
CONSENT TO PHYSICAL CONTACT I understand the nature of physical contact in boxing, fitness, martial arts and self defense training, and I understand that I have the right to immediately withdraw from any exercise or drill in which the conduct of any party seems beyond the scope of training or makes me uncomfortable. I agree to abide by OKM’s rules and etiquette in all matters pertaining to training, and I shall not in any way conduct myself inappropriately or take inappropriate advantage of the contact the training allows.
NOTICE OF PHYSICAL CONTACT Complete boxing, self defense and/or martial arts training involves a wide variety of skills. While practicing these skills, Members may contact with any portion of the body. The groin may be the target of kicks, strikes and grabs. The chest, buttocks, groin or any part of the body may be contacted by any part of the training partner’s body during training by techniques or incidentally contacted while performing a technique targeting another portion of the body. When male and female Members train together, or when adult and minor Members train together and in any other training combination, the purpose and intent of OKM, its instructors and staff is to provide an environment for all Member to learn and practice boxing, fitness and self defense. Members are expected to conduct themselves appropriately at all times to endure the best training results for everyone. Any Member may be removed permanently, with no refund of payments, by instructors or staff for any reason. Should any Member feel a training partner or instructor is engaging in contact beyond the scope of training, or a training partner or instructor is taking undue and unacceptable advantage of training contact, or if a Member is made to feel uncomfortable by any training exercise, partner or instructor, that Member has the right to withdraw from the exercise or drill. If the conduct of the training partner or instructor appears inappropriate, the Member should inform an instructor or staff privately. If the conduct of the training partner or any other training partner appears criminal, an instructor should be informed and the authorities may be notified by either the Member, the instructor, or both.
NOTICE OF CONSENT TO INSTRUCTORS OKM seeks to make use of highly trained professional instructors with both expertise and experience in boxing, fitness and martial arts/self defense. Classes may be taught by the head instructor or any other qualified instructor. Should an instructor be unavailable, a junior instructor, senior Member or guest instructor may teach. The choice of instructor is left to the discretion of OKM. I understand that I may not always have the instructor I desire, but I shall learn from whomever is teaching, to show the respect due to position of instructor to whomever is teaching, and to conduct myself in accordance with the etiquette established by OKM. I understand that I have the responsibility for my own safety without regard to who is teaching the class. I specifically consent to any instructor whom OKM, its instructors or staff feel are sufficiently qualified by any standards they set to teach the class. I specifically understand and agree that the full force of this document applies without regard to who is teaching the class.
ADVISORY OF RIGHTS AND RESPONSIBILITIES Safety is not the sole responsibility of instructors and staff. Everyone in class is responsible for their own safety and the safety of those around them. All Members have the right and responsibility to excuse themselves from any exercise they believe will be harmful to them. All Members must evaluate each situation in the context of their skill and current physical condition, and conduct each drill in a manner that is safe. If an instructor gives any instruction that is unsafe for the Member, it is the Member’s responsibility to inform the instructor that the drill/skill may be unsafe. The instructor will routinely excuse the Member from unsafe exercises and drills. The instructor may ask for an explanation and the Member is expected to provide one.
In the event of an injury, Members have the right and responsibility to evaluate the extent of harm, stopping what they are doing even if it includes a partner, and determining whether it is safe to continue. Unless a Member is certain that further practice will not create or worsen a problem, all Members are encouraged to stop what they are doing and inform an instructor. In the event of a serious injury or the appearance of a serious injury, all Members, instructors, staff and visitors, notably parents, have the right to call a stop to a particular training exercise. If a Member notes an unsafe training situation, which may include a Member performing a skill incorrectly, a Member not being careful about others, a defect in a piece of training equipment, a potentially dangerous obstacle or condition on the floor, or anything else that may cause or lead to harm of Members, instructors, staff, visitors or guests, the Member is expected to correct the situation if within his/her ability or notify an instructor or staff member immediately.
NON-COMPETITION I acknowledge and agree that I will not own or operate a boxing gym, fitness or self defense gym or martial arts school, nor will I teach or help instruct the above at another gym, school, recreation center etc. within a ten (10) mile radius of any Primal Ability, Ltd. location for eighteen (18) months after I have signed this contract and/or twelve (12) months after leaving OKM as a Member (whichever is the longer period of time).
ASSUMPTION OF RESPONSIBILITIES AND RISK Boxing, fitness training, martial arts, self defense, etc. is a potentially dangerous activity. Bumps, bruises, scrapes, scratches and soreness are commonplace, and most Members will encounter this sort of minor injury from time to time in their training. More serious injuries are possible, including sprains, strains, twists, cramps and injuries of similar magnitude, and Members can expect to encounter these injuries infrequently. The possibility of more serious injury exists, including fractured bones, broken bones, torn ligaments, though not all Members encounter such serious injuries. There remains, despite safety precautions, the remote possibility of crippling injury or death, though this is certainly not expected in this program.
I understand the above statement of risk, and I understand the rights and responsibilities of Members. I assume responsibility for my own safety (or the safety of my child), understanding and accepting the risks involved with training at the Center. Even if the instructor has informed me that no serious injuries have ever happened in this OKM location or with any of the instructors, I understand that this does not mean that there is no possibility of harm. By assuming this risk, I hereby release in full and forever discharge the Released Parties from any and all injury, liability, damages, claims, demands, and/or causes of action, whether foreseen or unforeseen, relating to or deriving from any injury to me or any injury to any member of my family, including children, during or arising out of the use my participation in this program.
In consideration of being permitted to participate in any way in any OKM activity (“Activity”) I, for myself, my personal representative, assigns, heirs and next of kin:
A. Acknowledge, agree and represent that I understand the nature of the Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
B. Fully understand that (i) boxing & fitness activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death (“Risks”); (ii) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place, or the negligence of the Released Parties; and (iii) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time and I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my participation or that of the minor in the Activity.
C. Hereby release, discharge, and covenant not to sue the Released Parties on behalf of myself or any member of my family including my representative heirs, executors, administrators and personal representatives, from all liability, claims, demands, losses, or damages on my account caused or alleged to be causes in whole or in part by the negligence of the Released Parties or otherwise, including negligent rescue operations, and I further agree that if, despite the terms of this Intro Waiver, if I or anyone on my behalf, makes a claim against any of the Released Parties, I will indemnify, save and hold harmless any of the Released Parties from any litigation expenses, reasonable attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.
D. Understand that I may be photographed and/or filmed authorize OKM and its representatives to use such photographs or recordings without compensation to them, for any purpose.
I have read this Intro Waiver, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this Intro Waiver is held to be invalid, the balance, notwithstanding, shall continue in full force and effect. If signing for a minor as a parent or legal guardian, I understand the nature of the activities that the minor is to undertake and the minor’s experience and capabilities and believe the minor to be qualified, in good health, and in proper physical condition to participate in such Activity. I hereby release, discharge, covenant not to sue and agree to indemnify and save and hold harmless each of the Released Parties from all liability, claims, demands, losses, or damages on the minor’s account caused or alleged to be caused in whole or in part by the negligence of the Released Parties or otherwise, including negligent rescue operations and further agree that if, despite this release, I , the minor, or anyone on the minor’s behalf makes a claim against any of the Released Parties named above, I will indemnify, save and hold harmless each of the Released Parties from any litigation expenses, reasonable attorney fees, loss liability, damage, or costs any may incur as the result of such claims.