*REQUIRED – All participating students are required to read, agree and sign our 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.