Hold Harmless Agreement & Waiver and Notice and Agreement
Hold Harmless Agreement & Waiver:
As an inducement to cause Spicar’s Martial Arts, Inc. (SMA) to extend services to me, my spouse and/or my children, and in consideration of the provisions of those services, I, the undersigned behalf myself, my heirs, assigns, personal representatives, my children and my estate, hereby state as follows: I understand and acknowledge that I, my spouse and/or my children are about to engage in an activity which includes strenuous exercise and body contact which involves certain risks, as well as unanticipated risk which could result in injury, harm or death to myself, my property, or third parties. I am aware that martial arts, taekwondo, karate and Spicar's Martial Arts program activity, camp or event is a vigorous activity involving bodily contact in a unique environment and as such it poses an abnormal risk of injury. I understand that martial arts, taekwondo, karate, and related activities, always involves certain risk, including but not limited to, death, serious neck and spinal injuries, concussion, complete or partial paralysis, brain damage, complete or partial blindness, loss of hearing, and serious injury to any and all bones, joints, muscles, and internal organs. The risk of harm may be limited by the proper performance of instruction under the supervision of trained instructors, but never eliminated. In full awareness of the risks, both known and unknown, associated with the activities offered by SMA, I hereby expressly and voluntarily release SMA, its officers, agent, employees and instructors from all responsibility, liability, claims, demands, charges, duties, injuries, actions, causes of action, suits, companies and promises of any nature whatsoever relating to or deriving from my, my spouse’s and/or my children’s presence at the SMA premises or my participation in any activities directly or indirectly related to the activities at SMA. I voluntarily agree to assume all risk of personal injury, including concussion, paralysis, blindness, and death, that may occur while I am in the facility of SMA or participating in an event or program via my membership with SMA. My participation in these activities is purely voluntary and I elect to participate in spite of the risks, and I further understand that my children will be fully supervised during this event time only and I hereby release all of the above-mentioned parties from any and all responsibility for my child during non-class or function related times. I hereby give permission for SMA to use any photograph, drawing, video or other likeness of me, my children, and any family members participating in any SMA's program activity, camp and/or event to be used in any promotional advertising, social media networks or marketing material of any type without further notification to me nor further compensation to me. I further agree that I, my family, estate, heirs, or assigns will not bring any claim or suit against SMA, its instructors, staff, students, guests, landlord or any other parties on behalf of me or my child by any event short of a criminal act, and then only the criminal will be the subject of the complaint. This release shall be effective even if the loss, damage or injury results or has resulted from the negligence, wrongful acts, omissions, breach of warranty or strict tort liability of SMA. If any SMA instructor or staff member is subpoenaed to testify in a civil or family court or deposition on behalf of a student or parent of a student, the fee for such appearance will be $300 per hour, plus expenses. Finally, as an inducement for SMA to teach me, my child, grandchild or other person that I am providing this membership for, I shall indemnify SMA, its instructors, staff, students, guests, and any and all additional defendants for all judgments, costs, attorney fees and other expenses incurred should there be a claim against SMA, its instructors, staff, students, guests as a result o this member’s participation in any service, activities or special event SMA offers. I understand and agree that this waiver, and covenant-not-to-sue, are intended to be as broad and as inclusive as permitted by the law as of the State of Texas and I agree that if any portion is held invalid, the remainder of the waiver, and covenant-not-to-be-sue will continue in full legal force and effect. I further agree that the jurisdiction and venue for any legal proceedings arising out of this agreement will be within the State of Texas, County of Dallas.
Notice and Agreement:
(1) Spicar’s Martial Arts (SMA) urges all members to obtain a physical examination from their physicians prior to use of any weight equipment or attendance in any exercise or karate class. I understand and agree that SMA bears no responsibility whatsoever for my physical health. I further certify that I am in good physical health and able to undertake and engage in the physical exercise or activities in which I elect to participate via my membership with SMA. (2) SMA may, in its sole discretion, expel – temporarily or permanently – any member found by it to be in violation of any rule or regulation of SMA, as well as for any conduct which, in the opinion of SMA management, is prejudicial to the operation and good order of SMA or the welfare of its member. (3) SMA reserves the right to change these rules at any time, and notice of any such change will be made available to members within 48 hours via reasonable means. (4) SMA is not responsible for any lost and stolen items while the member is using the facilities. (5) I understand that, upon request after the termination of my membership, all information of a personal or confidential nature provided to SMA by me will be returned within thirty (30) days. (6) I understand that I may cancel this agreement upon a written doctor’s order if, due to death or permanent physical injury, I cannot and will never be able to receive the services of SMA. I understand that I am responsible for all tuition and fees accrued prior to notification of SMA of my death or disability and any refund due to me is at the sole and absolute discretion of SMA. (7) I may cancel this membership if I move more than thirty (30) miles from any location of SMA. (8) I may cancel this membership if SMA should cease to offer services within thirty (30) miles of the member’s residence. (9) I hereby give permission for SMA to use any photograph, drawing, video or other likeness of me to be used in any promotional advertising or marketing material of any type without further notification to me nor further compensation to me. (10) I understand that this membership does not include the fees associated with testing, belt test, tournaments or merchandise that must be paid for separately. (11) SMA does not guarantee results. (12) I understand that should I be trained in any fashion how to instruct students or operate a karate, taekwondo or any martial arts school by SMA, I will not work for or operate another karate, taekwondo or martial arts school within thirty (30) miles of any SMA location without expressed written permission. (13) Due to the fact that this membership agreement may be extended for an indefinite amount of time with no additional cost to me pursuant to the above Extension Privilege or other programs, all provisions of this Notice and Agreement as well as the Waiver will be in force for a period not less the thirty-six (36) months from the last contract or class taken or taught at SMA. (14) I, or my child, may only use safety equipment for sparring gear approved by SMA. I also agree to abide by the uniform requirements of SMA. (15) The member will be liable for payment of all costs incurred by SMA in the collection of past due obligations to SMA, including court costs and reasonable attorney’s fees. (16) The original of this document will be digitally scanned and electronically stored by SMA before being destroyed. An electronic version of this document shall be deemed the equivalent of an original in all respects.