ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY
For Students over the Age of Majority or Parent/Legal Guardian of Students under the Age of Majority in the Province of Saskatchewan
WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY!
Every Student Must Read and Understand This Waiver Before Participating in Martial Arts Activities.
The following waiver of all claims, release from all liability, assumption of all risks, agreement not to sue and other terms of this agreement are entered into by me, the undersigned Student (the “Student”) with and for the benefit of Ascendant Martial Arts Inc. and 102031730 Saskatchewan Ltd, its directors, officers, employees, volunteers, business operators, agents, and site property owners or lessees (the “Organization”).
Please Read and Confirm Your Understanding:
1) I confirm that I have reached the age of majority in the Province of Saskatchewan.
2) “Martial Arts Activities” includes, but is not limited to, contact and non-contact martial arts activities, lessons, classes, training, programs, services, use of facilities, and equipment, provided to the Student by the Organization.
3) I am aware that there are inherent and significant dangers, hazards and risks (“Risks”) associated with the participation in Martial Arts Activities. I am aware that the Risks include, but are not limited to, injury from physical contact with other students, instructors or equipment, performing a skill incorrectly, or potentially dangerous obstacles, conditions, or weapons on the floor or vicinity of the Martial Arts Activities. I understand that the Risks are relative to my state of fitness or health (physical, mental, and emotional), and to the awareness, care, and skill with which the Student conducts themselves while participating in Martial Arts Activities.
4) I freely accept and fully assume all responsibility for all Risks and possibilities of personal injury, death, property damage, or loss resulting from my participation in Martial Arts Activities. I freely assume responsibility for my own safety. I agree that although the Organization has taken steps to reduce the Risks and increase the safety of the Martial Arts Activities, it is not possible for the Organization to make the Martial Arts Activities completely safe. I accept these Risks and agree to the terms of this waiver even if the Organization is found to be negligent or in breach of any duty of care or any obligation to me in my participation in Martial Arts Activities.
5) I acknowledge my obligation to inform the nearest employee of the Organization if I feel any pain, discomfort, fatigue, or any other symptoms I may suffer before, during, or immediately after my participation in Martial Arts Activities. I understand that I may stop participating at any time, and have the right to immediately withdraw from any exercise or drill in which the conduct of any party seems beyond the scope of training, makes me uncomfortable, or which I believe will be harmful to me.
6) In addition to the consideration given to the Organization for my participation in Martial Arts Activities, I and my heirs, next of kin, executors, administrators and assigns (my “Legal Representatives”) agree: a. to waive all claims that I or my Legal Representatives have or may have in the future against the Organization; and b. to release and forever discharge the Organization from all liability for all personal injury, death, property damage or loss resulting from my participation in Martial Arts Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract or mistake or error in judgement of the Organization.
7) I agree to be liable for and to hold harmless and indemnify the Organization from all actions, proceedings, claims, damages, costs, demands including court costs and costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my participation in Martial Arts Activities.
8) I agree that this waiver and all terms contained within are governed by the laws of the Province of Saskatchewan. I hereby irrevocably submit to the jurisdiction of the courts of Saskatchewan.
9) I confirm that I have had sufficient time to read and understand each term in this waiver in its entirety, and have agreed to the terms freely and voluntarily. I understand that this waiver is binding on myself and my Legal Representatives.
USE OF DIGITAL CORRESPONDANCE & DECLARATION OF UNDERSTANDING
In accordance with the Canadian Anti-Spam Laws (CASL), I acknowledge my consent to receive digital media correspondence from Ascendant Martial Arts. This may include, but is not limited to, emails, texts, personal messages through social media, and/or other forms of digital correspondence. I understand that I may receive digital information, such as receipts, the Ascendant Martial Arts Newsletter, and other Ascendant Martial Arts related information via digital means. I understand that I can safely unsubscribe, “unlike”, or “unfollow”, etc. from any form of digital correspondence that Ascendant Martial Arts uses, at any time.
PHOTO/VIDEO WAIVER & DECLARATION OF UNDERSTANDING
I hereby grant Ascendant Martial Arts and its legal representatives the irrevocable right and unrestricted permission to use and publish photographs or video images of me, or in which I may be included, for any purpose authorized by Ascendant Martial Arts, including but not limited to: website, social media, and other advertising purposes, and editorial publications. This grant includes the right to modify and retouch the images at the discretion of Ascendant Martial Arts. I understand that the circulation of such materials may be worldwide (via the internet), and that I will receive no compensation for the use of my image. I am fully and without limitation releasing Ascendant Martial Arts and its legal representatives from any liability that may arise from the use of the images.