KANU MARTIAL ARTS
ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING IT, YOU ACKNOWLEDGE AND ACCEPT CERTAIN RISKS AND AGREE TO RELEASE CERTAIN LEGAL CLAIMS, INCLUDING CLAIMS ARISING FROM NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY LAW.
Participant Name: {name}
Date of Birth: {dob}
Address: {address}
Phone: {phone}
If the Participant is under the age of majority, this Agreement must be completed and signed by the Participant's parent or legal guardian.
1. Activities and Persons Covered
I understand that participation at or through KANU Martial Arts may include, without limitation:
Brazilian Jiu-Jitsu; no-gi jiu-jitsu; submission grappling; wrestling; takedowns; throws; ground fighting; submissions; joint locks; chokes and strangulation techniques; positional training; drilling; live sparring or "rolling"; open mats; warm-ups; strength and conditioning; mobility exercises; movement drills and games; private lessons; seminars; workshops; competition preparation; competitions; demonstrations; special events; and other martial arts, combat-sport, recreational or fitness activities offered, hosted, organized, sanctioned or facilitated by KANU Martial Arts.
Where specifically offered and insured by KANU Martial Arts, activities may also include striking-related training involving punches, kicks, knees, elbows, pads, bags or other striking equipment.
Activities may involve adult members, children, youth participants, beginners, experienced practitioners, competitors, instructors, coaches, trial participants, drop-in participants, visiting athletes and guests.
This Agreement applies whether I am participating in a scheduled class, private lesson, trial, drop-in session, open mat, sparring session, competition preparation, seminar, competition, demonstration, event or other activity.
It applies to activities taking place at KANU Martial Arts facilities and, where applicable, activities organized, hosted or facilitated by KANU Martial Arts at other locations.
2. Acknowledgement of Inherent Risks
I understand and acknowledge that martial arts and combat sports are inherently strenuous activities involving physical contact with other people and carry risks that cannot be completely eliminated regardless of the care, instruction, supervision, equipment or rules provided.
These risks include, without limitation:
falls; collisions; impacts; takedowns; throws; joint locks; chokes; strangulation techniques; submissions; accidental or intentional physical contact inherent to training; striking where applicable; being landed on or falling on another person; contact with mats, walls, equipment or other objects; differences in size, weight, strength, speed, age, flexibility, skill or experience; overexertion; fatigue; dehydration; and unexpected movements or reactions by training partners.
Possible injuries include, without limitation:
bruises; cuts; abrasions; mat burns; sprains; strains; muscle or tendon injuries; joint injuries; ligament injuries; dislocations; fractures; dental injuries; eye injuries; ear injuries; concussions; other head injuries; neck injuries; spinal injuries; nerve damage; loss of consciousness; cardiovascular events; and, in rare circumstances, permanent disability, paralysis or death.
I understand that injuries may occur even when participants, coaches, instructors and KANU Martial Arts are following established rules and acting reasonably.
I freely and voluntarily accept and assume the risks associated with participation, both known and unknown, foreseeable and unforeseeable, to the fullest extent permitted by law.
3. Physical Condition and Fitness to Participate
I understand that I am responsible for determining whether I am physically capable of participating in the activities I choose to undertake.
I agree to disclose to KANU Martial Arts or the appropriate instructor any injury, condition or physical limitation that may materially affect my ability to participate safely.
I understand that KANU Martial Arts instructors, coaches, employees and representatives are not providing medical advice and that being permitted to participate does not constitute a medical determination that participation is appropriate for me.
If I have concerns regarding my health or ability to participate, I understand that I should obtain appropriate medical advice before training.
I agree to stop participating and notify an instructor if I become injured, dizzy, unwell or otherwise believe that continuing may be unsafe.
I understand that I remain responsible for deciding whether to participate in any particular activity, drill or training session.
4. Sparring, Rolling and Live Training
I understand that sparring, rolling, wrestling and other forms of live training involve participants applying techniques against active resistance.
Unlike predetermined drilling, live training is inherently dynamic and unpredictable.
A training partner may move, fall, react, resist or apply a technique differently or more quickly than anticipated. I understand that injuries may occur during live training even when participants are acting reasonably and following established rules.
I understand that live training may involve participants of different sizes, weights, strength, speed, experience and skill levels.
I agree to:
- communicate appropriately with my training partners;
- train at an intensity appropriate to my experience and physical condition;
- immediately respect a verbal or physical tap or other clear communication to stop;
- release a submission promptly when my training partner taps or an instructor directs me to stop;
- follow restrictions imposed by KANU Martial Arts regarding permitted techniques;
- follow instructions regarding appropriate training partners and intensity; and
avoid reckless, intentionally dangerous or uncontrolled conduct.
I understand that I may decline to spar or train with a particular participant and may stop a training round at any time.
I understand that instructors may select training partners, restrict techniques, modify intensity, stop a round, remove a participant from live training or otherwise modify participation where they consider it appropriate for safety or the proper operation of the class.
I voluntarily accept and assume the risks associated with sparring, rolling and other live training.
5. Rules, Conduct and Personal Responsibility
I agree to follow reasonable instructions, safety procedures, hygiene requirements and facility rules established by KANU Martial Arts.
I understand that participation in martial arts requires cooperation and reasonable care toward training partners.
I agree not to intentionally injure another participant, continue applying a technique after a tap or instruction to stop, or engage in reckless or malicious conduct.
I understand that KANU Martial Arts may restrict, suspend or terminate my participation where its instructors or representatives reasonably believe my conduct creates an unacceptable safety risk, materially disrupts training, violates facility rules or negatively affects other participants.
I understand that experience or rank does not exempt me from KANU Martial Arts' rules.
6. Children and Youth Participants
I understand that children's martial arts training may include age-appropriate physical contact, grappling, movement games, drills, takedowns, positional training, submissions and, where KANU Martial Arts determines it appropriate, controlled live sparring or rolling.
I acknowledge that children differ in size, weight, maturity, coordination, physical development, strength, experience and ability. I understand that despite reasonable coaching, supervision, participant matching and safety rules, accidental injury may occur. I understand that participation in a children's class does not mean that an instructor can continuously observe every individual child at every moment.
KANU Martial Arts and its instructors retain discretion to determine whether a child may participate in particular activities, techniques, sparring sessions or training arrangements and may modify or stop a child's participation where considered appropriate.
As the parent or guardian of a participating child, I agree to provide KANU Martial Arts with relevant information reasonably necessary for my child's safe participation and to reinforce the importance of following instructor directions, respecting taps and treating training partners appropriately.
7. Parent/Guardian Consent for Minor Participants
This section applies where the Participant is under the age of majority.
I, the undersigned parent or legal guardian, represent that I have authority to provide consent in connection with the minor Participant identified above.
I have reviewed the nature of the activities described in this Agreement and understand that Brazilian Jiu-Jitsu, grappling, wrestling and related martial arts activities involve inherent risks of injury.
I voluntarily consent to the minor Participant's participation.
I acknowledge and accept the risks associated with the minor's participation as described in this Agreement.
I understand that the legal effectiveness of releases or waivers relating to claims belonging to minors may be limited by applicable law. To the fullest extent permitted by law, I nevertheless agree on my own behalf to the assumptions of risk, responsibilities and obligations contained in this Agreement.
I agree to ensure that the minor Participant understands, at an age-appropriate level, the importance of following instructor directions, respecting taps, controlling their conduct and treating training partners appropriately.
8. Parents, Guardians, Spectators and Other Visitors
I understand that KANU Martial Arts may permit parents, guardians, family members, spectators and other visitors to observe classes, training sessions, competitions, demonstrations or events.
I acknowledge that a martial arts facility is an active physical environment.
Participants may move, fall, grapple, wrestle, throw, roll or otherwise move unpredictably and may move beyond their immediate training area. Equipment, personal belongings and other persons may also create hazards.
Parents, guardians, spectators and visitors must:
- remain in designated observation or waiting areas where provided;
- remain clear of active training areas unless expressly invited onto the mats or into another restricted area by KANU Martial Arts personnel;
- follow reasonable instructions given by KANU Martial Arts staff;
- avoid interfering with instruction or training; and
- exercise reasonable care while present at the facility.
Parents and guardians are responsible for supervising non-participating children accompanying them and must ensure that those children do not enter active training areas, interfere with classes, use equipment without permission or otherwise create a risk to themselves or others.
KANU Martial Arts may restrict spectator access or require a parent, guardian, spectator or visitor to relocate or leave where reasonably necessary for safety, privacy, capacity, instruction or the proper operation of the facility.
9. Trial Participants, Drop-Ins, Guests and Visiting Athletes
All trial participants, drop-in participants, visiting athletes and other persons participating in KANU Martial Arts activities must complete the required registration and waiver process before participating unless otherwise expressly authorized by KANU Martial Arts.
I understand that participating as a visitor, guest, trial participant or drop-in does not reduce or eliminate the risks associated with martial arts training.
Experienced practitioners and visiting athletes acknowledge that previous martial arts experience does not eliminate the risks associated with training in a new environment, with unfamiliar partners, under different rules or with different coaching practices.
All trial participants, drop-ins, guests and visiting athletes are subject to KANU Martial Arts' rules and instructor directions concerning permitted techniques, sparring, training intensity, use of equipment and use of the facility.
10. Open Mats and Unsupervised or Less-Structured Training
I understand that KANU Martial Arts may offer open mats or other periods of less-structured training.
Open mat may not involve the same level of direct instruction, supervision or structured partner assignment as a regular class.
I understand that I remain responsible for choosing appropriate training partners, communicating training intensity, respecting taps, following facility rules and declining activities or partners I do not believe are appropriate for me.
The absence of direct instruction during a particular round or training session does not eliminate the inherent risks associated with participation.
KANU Martial Arts retains the right to supervise, restrict or stop any activity occurring during open mat.
11. Competitions, Seminars and Off-Site Activities
Where I participate in a competition, seminar, demonstration, training session or other event organized, attended, supported or facilitated by KANU Martial Arts, I understand that additional risks may arise from unfamiliar facilities, equipment, rules, opponents, participants, officials and environmental conditions.
I understand that third-party organizers may require separate waivers or agreements.
Participation in an external event does not mean that KANU Martial Arts controls the facility, event organizer, officials, opponents or other third parties involved.
12. Communicable Illness, Skin Conditions and Hygiene
I acknowledge that close-contact martial arts involves the possibility of exposure to communicable illnesses and skin conditions, including bacterial, viral and fungal infections.
I agree not to participate while knowingly experiencing a contagious skin condition, uncovered open wound or communicable illness that may reasonably place other participants at risk.
I agree to follow KANU Martial Arts' hygiene requirements.
I understand that KANU Martial Arts cannot guarantee that exposure to illness, infection or communicable conditions will not occur.
I agree to promptly notify an instructor where I discover a condition reasonably relevant to the health and safety of other participants.
13. Equipment, Mats and Facility
I understand that martial arts equipment, mats, exercise equipment and facilities may carry risks despite reasonable inspection, maintenance and cleaning.
I agree to use equipment only for its intended purpose and in accordance with instructions.
I agree to notify KANU Martial Arts personnel if I observe equipment, mats or facility conditions that I reasonably believe may be unsafe.
I understand that my use of personal equipment remains my responsibility.
14. Personal Property
I understand that personal belongings brought onto KANU Martial Arts premises remain my responsibility.
To the fullest extent permitted by law, KANU Martial Arts is not responsible for loss, theft or damage to personal property brought onto its premises or to an event.
Participants are encouraged to avoid bringing unnecessary valuables to the facility.
15. RELEASE OF LIABILITY AND WAIVER OF CLAIMS
PLEASE READ THIS SECTION CAREFULLY.
In consideration of being permitted to participate in, attend, observe or otherwise be present at KANU Martial Arts activities or facilities, I hereby release, waive and forever discharge:
1001704730 Ontario Inc., operating as KANU Martial Arts, together with its shareholders, directors, officers, employees, instructors, coaches, contractors, volunteers, agents and representatives, and, where applicable, its landlords, property owners, affiliated organizations, event organizers and their respective successors and assigns (collectively, the "Released Parties"),
from any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs or expenses arising from or relating to my:
participation in; attendance at; observation of; presence at; or use of the premises, facilities, mats, equipment or activities of KANU Martial Arts, including scheduled classes, private lessons, open mats, sparring sessions, trials, drop-ins, competitions, seminars, demonstrations, events and other activities covered by this Agreement.
THIS RELEASE INCLUDES CLAIMS ARISING FROM THE NEGLIGENCE OF ANY RELEASED PARTY, including negligent acts or omissions relating to instruction, supervision, participant matching, facility conditions, equipment or the organization or operation of activities, to the fullest extent such claims may lawfully be released or waived.
This release includes claims relating to personal injury, illness, disability, death, property damage or other loss arising from or connected with the matters described above.
I understand that by signing this Agreement I am giving up legal rights that I or, where legally applicable, my representatives, estate, heirs or assigns might otherwise have.
I HAVE READ AND UNDERSTAND THIS RELEASE OF LIABILITY AND WAIVER OF CLAIMS.
16. Indemnification
To the fullest extent permitted by law, I agree to indemnify and hold harmless the Released Parties from claims, liabilities, damages, costs and reasonable legal expenses arising from my own negligent, reckless or intentional conduct, my material violation of KANU Martial Arts rules, or injury or property damage I cause to another person through such conduct.
Nothing in this section is intended to require me to indemnify a Released Party for liability that cannot lawfully be transferred, excluded or indemnified.
17. Emergency Medical Treatment
If I become injured or require medical attention and I am unable to provide instructions, I authorize KANU Martial Arts personnel to contact emergency medical services and provide reasonable assistance until professional medical care becomes available.
For a minor Participant, I authorize KANU Martial Arts personnel to contact the parent/guardian or emergency contact and, where reasonably necessary, emergency medical services.
I understand that KANU Martial Arts does not guarantee the availability of medical personnel or particular medical treatment.
I understand that I or the Participant remain responsible for costs associated with medical treatment, ambulance transportation or other emergency services to the extent those costs are legally our responsibility.
Emergency Contact: {contact_name}
Relationship: {contact_relation}
Emergency Phone: {contact_phone}
18. Photography and Video
KANU Martial Arts may photograph or record classes, training sessions, competitions, seminars, demonstrations and events for promotional, educational and community purposes.
I consent to KANU Martial Arts photographing or recording me/the Participant and using those photographs or recordings on KANU Martial Arts' website, social media channels and other promotional or informational materials.
For a minor Participant, this consent is provided by the signing parent or legal guardian.
I understand that I may withdraw this consent for future use by contacting KANU Martial Arts, subject to material already lawfully produced, published or used before withdrawal.
19. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada.
20. Severability
If any provision or portion of this Agreement is determined to be invalid, illegal or unenforceable, that provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall continue in effect to the fullest extent permitted by law.
21. Continuing Application
I understand and agree that this Agreement applies to my current and future participation in and, where applicable, attendance at KANU Martial Arts activities unless replaced by a subsequent agreement or otherwise required by law.
I understand that KANU Martial Arts may update its facility rules, safety requirements, program requirements and operating procedures from time to time.
22. FINAL ACKNOWLEDGEMENT AND SIGNATURE
I CONFIRM THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS BEFORE SIGNING IT.
I UNDERSTAND THE NATURE OF THE ACTIVITIES AND THE RISKS ASSOCIATED WITH MARTIAL ARTS, INCLUDING BRAZILIAN JIU-JITSU, GRAPPLING, WRESTLING, TAKEDOWNS, SUBMISSIONS, SPARRING AND LIVE TRAINING.
I UNDERSTAND THAT THIS AGREEMENT CONTAINS AN ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY PROVISIONS AND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR NEGLIGENCE IN THE CIRCUMSTANCES DESCRIBED IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
I confirm that I have read, understand and agree to the Assumption of Risk, Release of Liability, Waiver of Claims and Indemnity Agreement above.
