Participation Waiver – Driftwood Martial Arts

Fitness Registration & Waiver - ADULT

Participant Name *

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Last

Participant's Birthday (dd/mm/yy) *

Must be 18 years old to complete this form. If participant is under 18, please complete for Minor.

Cell Phone # *

Do you know or are you related to a member of Driftwood Martial Arts?

First

Last

ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY

for Participants over the Age of Majority in the Province of Ontario in which the athletic activities are provided by DRIFTWOOD MARTIAL ARTS INC. WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS. READ IT CAREFULLY! The parent/guardian must read and understand this waiver prior to the minor participating in athletic activities. The following waiver of all claims, release from all liability, assumption of all risks, and other terms of this agreement are entered into by me (the “Participant”) with and for the benefit of: their directors, officers, employees, volunteers, business operators, agents and site property owners of DRIFTWOOD MARTIAL ARTS INC. (or “DMAI”). DMAI is defined in accordance with the definition of Occupiers contained in the Occupiers Liability legislation in the Province of Ontario. Please check each item below after reading and understanding each item:

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I am aware that there are inherent and significant risks (“Risks”) associated with the participation of Athletic Activities. I am aware that those Risks include, but are not limited to, the potential for serious personal injury caused by any event or any condition of the facility or equipment where Athletic Activities are provided by DMAI, and health risks such as transient lightheadedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps or soreness, and nausea. I understand the Risks are relative to my own state of fitness and health (physical, mental and emotional), and to the awareness, care and skill with which I conduct myself while participating in Athletic Activities.

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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 Athletic Activities. I agree that although DMAI has take steps to reduce the Risks and increase safety of the Athletic Activities, it is not possible for DMAI to make the Athletic Activities completely safe. I accept these Risks and agree to the terms of the waiver, even if DMAI is found to be negligent or in breach of any duty of care or any obligation to me in my participation of Athletic Activities.

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I acknowledge my obligation to immediately inform the nearest employee of DMAI if I feel any pain, discomfort, fatigue or other symptoms that I may suffer during and immediately after my participation in Athletic Activities. I understand I may stop participation at any time, and I may be requested to stop by an employee or volunteer of DMAI who observes any symptoms of distress or abnormal response.

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I knowingly and freely assume such risks, both known and unknown, even if arising from the negligence of the releasees or others, and assume full responsibility for my participation; and,

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I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately;

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I confirm that I have reached the age of majority in the province or territory in which I am participating in Athletic Activities.

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Athletic Activities include but are not limited to: contact and non-contact sports, fitness activities, personal training instruction and activities, use of facilities, and fitness programs and services provided to the Participant by DMAI.

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In addition to consideration given to DMAI for my participation in Athletic Activities, I and my heirs, next of kin, executors, administrators and assigns (collectively my “Legal Representatives”) agree:  (A) To waive all claims that I have or may have in the future against DMAI; to release and forever discharge DMAI from all liability for all personal injury, death, property damage, or loss resulting from the Minor’s participation in the Athletic 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 of judgement of DMAI; and  (B) To be liable for and to hold harmless and indemnify DMAI 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 Athletic Activities.  (C) I agree this waiver and all terms contained within are governed exclusively by the laws of Ontario, Canada in which the Athletics Activities are provided to me by DMAI. I hereby irrevocably submit to the exclusive jurisdiction of the courts of Ontario. Any litigation to enforce this waiver must be instituted in Ontario in which the Athletic Activities are provided by DMAI.

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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 me as Parent/Guardian, the Minor and our Legal Representatives.

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