CODE OF ETHICS
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New York Budo Association (NYBA) is committed to creating a safe and ethical environment for training in Japanese martial arts. While training with NYBA or NYBA-hosted events, we hereby agree to the following CODE OF ETHICS to help co-create a respectful, inclusive, strong, and supportive community of budo practitioners.
We do not discriminate based on sex, race, ethnicity, gender identity or expression, sexual orientation, religion, national origin, age, physical or mental disability, seniority, rank, or any other grounds.
We respect each other, and the individual’s journey in budo training in both its physical and mental aspects. As such, we seek to co-create a healthy, consent-based training culture, and do not engage in or tolerate harassing behavior.
Harassment includes but is not limited to:
○ Inappropriate/disrespectful verbal comments or verbal abuse
○ Hate speech
○ Deliberate intimidation
○ Deliberate physical assault
○ Stalking
○ Sustained disruption of training and related events
Sexual Harassment includes but is not limited to:
○ Unwelcome flirtations, attentions, advances, or propositions
○ Unwelcome/inappropriate physical contact
○ Unsolicited comments about an individual’s body unrelated to training
We do not engage in the use of illegal drugs, underage drinking, and misuse/abuse of alcohol, prescription or over-the-counter drugs that affect the ability to control our own behavior while participating in training. For participation at NYBA-hosted events outside the dojo , we respect the alcohol & drug policy of the venue.
We follow the rules outlined by the NYBA DOJO RULES & ETIQUETTE to ensure the smooth running of the dojo while co-creating a respectful culture.
We believe in open dialogues to build stronger connections and community. Anyone who experiences or witnesses any event that makes them feel uncomfortable is encouraged to voice their concerns with the members of the Ethics Committee.
All inquiries will be addressed promptly, thoroughly, and impartially, with discretion and, to the extent reasonably possible, will be kept confidential. Any retaliatory actions taken toward individual(s) attempting to open a dialogue will be subject to disciplinary measures, up to and including dismissal from the NYBA.
New York Budo Association reserves the right to dismiss or take disciplinary actions against any members/participants whose behavior jeopardizes the welcoming and inclusive culture, or detracts from the safety, welfare, and wellbeing of others.
CORONA VIRUS/COVID-19/CONTAGIOUS VIRUS AND ILLNESS LIABILITY RELEASE AND WAIVER
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The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious. The New York Budo Association (NYBA) has put in place preventative measures to reduce the spread of COVID-19; however, the NYBA cannot guarantee that you will not become infected with COVID-19. Further, participation could increase your risk of contracting COVID- 19 or other infectious diseases. I acknowledge the contagious nature of Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing and wearing face coverings. I further acknowledge and agree that the NYBA has put in place reasonable preventative measures to reduce the spread of Coronavirus/COVID-19 and other viruses and illnesses. I further acknowledge and agree that the NYBA cannot guarantee that I will not become exposed to or infected with Coronavirus/Covid-19 or any other virus or illness while using NYBA facilities or equipment. I understand and agree that the risk of exposure to Coronavirus/COVID-19 and other viruses and illnesses is inherent and unavoidable with regard to the activity of visiting and working out at the dojo. I understand and agree that this risk may result from the actions, omissions, or negligence of myself and/or others, including, but not limited to, NYBA staff, members, clients, guests, and others using or visiting the NYBA. I voluntarily seek services provided by the NYBA and acknowledge that by doing so I am increasing my risk of exposure to Coronavirus/COVID-19 and other viruses and illnesses.
I acknowledge that I must comply with procedures to reduce the spread of Coronavirus/COVID-19 and other viruses and illnesses at the NYBA. I hereby represent and warrant that I have read and reviewed the procedures and protocols set forth on the NYBA website and acknowledge and agree that I will comply fully with the protocols, procedures and requirements set for the therein at all times when in attendance at any NYBA class or scheduled event.
On behalf of myself, my family members, my heirs, representatives, and successors,
I hereby willfully and voluntarily acknowledge and accept the risks of being present at and using NYBA facilities and equipment and being near others using NYBA facilities and equipment, and to the maximum extent permitted by law release and agree to hold the NYBA
harmless from any and all causes of action, claims, demands, damages, costs, expenses and compensation for injury, illness, damage or loss to myself and/or property that may be caused by any act or failure to act (including ordinary negligence) of the NYBA, or that may otherwise arise in any way in connection with any services received or my presence at the NYBA. I understand that this liability release and waiver supplements and does not replace or reduce any liability release and/or waiver I have previously agreed to, such as in my NYBA membership agreement. I further expressly agree that this Release and Waiver is intended to be as broad and inclusive as is permitted by the laws of the State of New York. If any portion hereof is held invalid, it is agreed that such offending provision shall be severed and the balance shall continue in full legal force and effect. I understand and confirm that by signing this Release and Waiver that I have given up considerable legal rights and that I have signed this Release and Waiver freely, voluntarily, under no duress or threat of duress. I also hereby certify that I am 18 years of age or older and am mentally competent to enter into this Release and Waiver.
LEGAL WAIVER
This agreement and waiver (the “Waiver”) is entered as an applicant to the New York Budo Association, such applicant being hereinafter referred to as “member”, and the New York Budo Association, hereinafter referred to as “the NYBA”. All provisions of this Waiver shall grant protection to any members of the NYBA while participants in any activity of the NYBA, not limited to third parties while at the NYBA studio, or while demonstrating, practicing, or attending activities at other sites while participating as a member of New York Budo Association.
I acknowledge that I am applying for instruction in a study involving weapons that can cut, and am aware of the danger of physical injury necessarily attendant upon engaging in the activities of the NYBA. I hereby expressly assume all risks, including personal injury, death, and damages to equipment or personal property, arising out of my participation in any physical activity of the NYBA.
I am fully aware of the risks connected with participating in such physical activities, whether specifically listed in this Waiver or not, and I voluntarily elect to participate in such activities, knowing that this participation involves these risks.
I acknowledge that I am solely responsible for my own health and safety, and I certify that I am physically fit and able to participate in any physical activity of the NYBA and have not been advised otherwise by a qualified medical professional. I agree to immediately stop participating in any physical activity and seek medical assistance if I experience any symptoms, such as, but not limited to: dizziness, excessive fatigue, shortness of breath, rapid heartbeat, blurred vision, or any pains, or any conditions that would make it difficult or dangerous to continue. I further acknowledge that I am responsible for providing my own personal health, medical, dental and accident coverage.
I consent to emergency medical care and transportation in the event of injury to me as medical professionals may deem appropriate. This Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency, including, but not limited to, negligent emergency rescue operations.
I agree to dress myself appropriately as to mitigate risk of physical injury or death to myself.
I agree on behalf of myself, my heirs, executors and administrators, to not sue and to release, indemnify, defend and hold harmless, and forever discharge the New York Budo Association, its affiliates, officers, volunteers, and employees, and all sponsoring businesses and organizations and their agents and employees, from any and all lawsuits, claims, demands and causes of action, damages, and liabilities, including costs and attorney’s fees, arising out of my participation in any physical activities activity of the NYBA – whether caused by negligence of any of the above, omission or otherwise. This release and waiver shall apply whether or not any such physical injury is sustained while the member is actually participating in the physical activity, or is anywhere within the vicinity wherein such activity is being conducted. This Waiver and indemnification shall be as broad and inclusive as permitted by the law of the state in which the event is conducted. If any portion of this Waiver is invalid, it is agreed that such offending provisions shall be severed and the balance of this Waiver shall continue in full force and effect.
I have read this Waiver in its entirety and agree to its terms. I understand that I am hereby waiving and releasing any and all claims for damages, injuries, and death that I may have against the New York Budo Association as a result of my participation in any of its physical activities. I understand that by signing this Waiver I am waiving and releasing considerable future legal rights. I am 18 years of age or older and mentally competent to enter into this waiver. I am signing this Waiver freely and voluntarily, under no duress or threat of duress, without inducement, promise, or guarantee being communicated to me.
This Waiver contains the entire agreement between the parties, and supersedes any prior written oral agreements between them on the subject matter of this Waiver. The provisions of this Waiver may be waived, altered or amended only upon the prior written consent of all the parties.
