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Waiver / liability release

WAIVER AND RELEASE OF LIABILITY

IN CONSIDERATION OF the risk of injury that exists while participating in PHOENIX

KARATE AND/OR COMBATIVES (hereinafter the "Activity"); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right

to participate in same;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal

representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also

include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and

voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any

and all rights, claims or causes of action of any kind arising out of my participation in the

Activity; and

I HEREBY release and forever discharge PHOENIX KARATE, LLC, located at 33 W Main

St, Martinsville, Virginia 24112, their affiliates, managers, members, agents, attorneys, staff,

volunteers, heirs, representatives, predecessors, successors and assigns (collectively

"Releasees"), from any physical or psychological injury that I may suffer as a direct result of

my participation in the aforementioned Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY

AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I

AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS

ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR

PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT,

TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS),

ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE

INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS'

NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE

ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S).

NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND

UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and

all claims, suits or actions of any kind whatsoever for liability, damages, compensation or

otherwise brought by me or anyone on my behalf, including attorney's fees and any related

costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions,

acts or failures to act of any party or entity conducting a specific event or activity on behalf of

Releasees. In the event that I should require medical care or treatment, I authorize Phoenix

Karate, LLC to provide all emergency medical care deemed necessary, including but not

limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of

medical information with medical personnel. I further agree to assume all costs involved andagree to be financially responsible for any costs incurred as a result of such treatment. I am

aware and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical

and mental limits and may carry with it the potential for death, serious injury, and property

loss. I agree not to participate in the Activity unless I am medically able and properly trained,

and I agree to abide by the decision of the Phoenix Karate, LLC official or agent, regarding

my approval to participate in the Activity.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER

AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF

LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Phoenix

Karate, LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS,

ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES,

PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS

OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE

ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST

Phoenix Karate, LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for ordinary negligence, this

release is also for such negligence on the part of Phoenix Karate, LLC, its agents, and

employees.

I agree that this Release shall be governed for all purposes by Virginia law, without regard to

any conflict of law principles. This Release supersedes any and all previous oral or written

promises or other agreements.

In the event that any damage to equipment or facilities occurs as a result of my or my family's

or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held

liable for any and all costs associated with any such actions of neglect or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE

DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND

ALL SUBSEQUENT EVENTS OF PARTICIPATION.

THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to

be interpreted as an agreement between two parties of equal bargaining strength. Both

Participant and Phoenix Karate, LLC agree that this

agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or

admitted to alter or explain the terms of this agreement, but that it will be interpreted based on

the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be

severable or invalid, or if any term, condition, phrase or portion of this agreement shall be

determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall

remain in full force and effect. If a court should find that any provision of this agreement to be

invalid or unenforceable, but that by limiting said provision it would become valid andenforceable, then said provision shall be deemed to be written, construed and enforced as so

limited.

I, THE UNDERSIGNED PARTICIPANT OR GUARDIAN OF A MINOR PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18

YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I

CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND

ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I

AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND

THAT I AM SIGNING IT OF MY OWN FREE WILL.

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  • Phone

    2767887469

  • Address

    33 W Main Street
    Martinsville, VA 24112

  • Email

    phoenixkarateva@gmail.com

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