Release and Wavier of Liability and Indemnity Agreement
(Read carefully before signing)
In consideration of being permitted to participate in any way in the Martial Arts Program indicated below and/or being permitted to enter for any purpose any restricted area (herein defined as any area where in admittance to the general public is prohibited), the parent(s) and/or legal guardian(s) of the minor participant named below agree:
1. The parent(s) and/or legal guardian(s) will instruct the minor participant that prior to participating in the below martial arts activity or event, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such conditions and refuse to participate. I understand and agree that, if at any time, I feel anything to be UNSAFE, I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
2. I/We fully understand and acknowledge that:
a. There are risks and dangers associated with participation in martial arts events and activities which could result in bodily injury partial and/or total disability, paralysis and death.
b. The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
c. These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence or of others, including, but not limited to, the releasees named below.
d. There may be other risks not known to us or are reasonably foreseeable at this time.
3. I/We accept and assume such risks and responsibilities for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the releasees named below.
4. I/We HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the martial arts facility used by the participant, including it owners, managers, promoter, lessees or premises used to conduct the martial arts event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions or instructions to engage in risk evaluation or loss control activities regarding the martial arts facility or events held at such facility and each of them, their directors, officers, agents, employees, all for the purpose herein referred to as "Releasee"... From all liability to the undersigned, my/our personal representatives, assigns, executors, heirs and next to kin for any and all claims, demands, losses or damages and any claims or demands therefore on account of any injury, including but not limited to the death of the participant or damage to property, arising out of or relating to the event(s) caused alleged to be caused in whole or in part by the negligence of the release or otherwise.
5. I/We HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk or serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECIEVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
7. On behalf of the participant and individually, the undersigned partners(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite the release, the participant makes a claim against any of the Releasees, the parent(s) and/or legal guardian(s) will reimburse the release for any money which they have paid to the participant, or on his behalf, and hold them harmless.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT AND INDUCEMENT, ASSURANCE, OR GUARENTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABLITY TO THE GREATEST EXTENT ALLOWED BY LAW.
TWMMA grants the privilege of membership; therefore, TWMMA may cancel your membership (and any services or products purchased from TWMMA) at any time for non-compliance. By signing this form, you are acknowledging that you 1) fully read and understand the directive, and 2) will abide by these standards described here within at all times when using the facility at 217 Cox Dr., Harker Heights, TX 76548.
As a Member or Guest, by signing this waiver I agree I will:
Adhere to all TWMMA facility ‘Rules and Regulations’ in conjunction with the Health Protocols set forth
NOT visit this facility if I am aware of or displaying any symptoms that are potential flu-like indications such as fever, cough, or any difficulty with breathing
Assume any and all liability for my health and well-being by physically attending the premises despite the recent COVID-19 pandemic
Abide by the physical distancing rule(s) by keeping a 6-foot distance between Members, Team Members, or Guests at all times when using services included with your membership
Minimize and avoid unnecessary physical contact with others
NOT attempt to use equipment that is non-operational or has any sign communicating non-use for any reason stated by Management
Thoroughly wipe down equipment after every use with the sanitation supplies provided by TWMMA and ensure all trash is discarded in designated waste baskets only
Return all equipment to the original place for proper storage after every use – rerack weights. $5 will be charged for not re-racking weights. No Chalk!
Thank you for doing your part as we work together to keep our community safe for all our valued Members, Team Members, and Guests.
Please check back with us regularly in the club or on our local Facebook pages as guidelines may change based on CDC and State requirements for sanitation, physical distancing, Member, Team Member, and Guest safety, as well as facility and amenity hours of operation.