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James McGar’s

ASSUMPTION OF RISK

  1. You understand that our martial arts activities are physically and mentally intense.  You understand and agree that any type of fitness activities involves skills and training, which include violent and sudden movements, which could cause injury.
  2. In connection with our martial arts training and instruction, there will be violent physical contact between instructors and participants and between and among participants and such contact may result in personal injury or illness to you, which may even result in permanent disability or death, despite precautions taken to avoid such injuries or illness.
  3. Because there is the possibility of being injured, contracting an illness, becoming permanently disabled or dying as a result of your participation in the activities performed at the this gym, YOU KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF OTHERS, AND ASSUME FULL RESPONSIBILITY FOR YOUR PARTICIPATION IN OUR PROGRAMS.
  4. You understand the General Etiquette, General Hygiene and Code of Conduct set forth exist for your safety and the safety of others. You understand and agree that strict observation of our posted rules and regulations relative to physical training and hygiene, including the use of protective equipment for protection from bodily injury, disease and illness, is mandatory.
  5. You understand that no list of restrictions, guidelines or practices will remove all of the risk of exposure to possible illness such as COVID-19 because persons who are asymptomatic can transmit such an illness and before some people show signs of infection or understand that they are infected.
  6. You acknowledge that all of the aforementioned risks have been disclosed to you, you knowingly assume these risks by entering our gym and by continuing to participate in or observe these martial arts programs, and James McGar Martial Arts disclaims any liability to you as a result of your participation in or observation of the our martial arts programs.
  7. You specifically understand and agree that you are assuming the risk of any and all injuries, illnesses, disabilities and/or death that you may suffer or incur as a result of your observation of and/or the participation in any program offered by our gym.
  8. In case of an emergency, you hereby authorize any licensed medical personnel to perform any medical assistance deemed necessary and you agree to bear the expense of any such treatment. You may choose to cease any activity and vacate this gym at any time during your participation and/or observation, but you will notify the present instructor prior to your cessation and departure.
  9. ALL Students, Parents, Participants, Guardians and Guest MUST sign a “Release and Waiver of Liability and Indemnity Agreement” and agree to be contractually bound by and to it.
  10. ALL Students, Parents, Participants, Guardians and Guest MUST agree to the Payment Policy, Holidays, Discretionary Days, Rules & Etiquette, Code of Conduct and Assumption of Risk.
  11. Assumption of the Risk and Waiver of Liability Relating to Coronavirus / COVID-19. The novel coronavirus (nCoV), COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. James McGar Martial Arts cannot guarantee that you or your family will not become infected with COVID-19. Attending classes or events could increase your risk and your family’s risk of contracting COVID-19.
  12. By signing up, training or visiting, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you and your family may be exposed to or infected by COVID-19 by attending martial arts classes or events and that such exposure or infection may result in personal injury, illness, permanent disability, and death.  You understand that the risk of becoming exposed to or infected by COVID-19 at classes or events may result from the actions, omissions, or negligence of yourself and others, including, but not limited to, James McGar, James McGar Martial Arts, employees, volunteers, students and program participants and their families.
  13. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my family or myself (included but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my family may experience or incur in connection with my family’s attendance at James McGar Martial Arts classes or participation in any events.
  14. On my behalf, and on behalf of my family, I hereby release, covenant not to sue, discharge, and hold harmless James McGar, James McGar Martial Arts, instructors, students, employees, volunteers, and program participants and their families, its employees, agents, representatives, venue and its staff, of and from any claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of James McGar, James McGar Martial arts its employees, students, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation at any training sessions, events, and lessons.
  15. PHOTO RELEASE: I hereby give my consent to James McGar, James McGar’s Martial Arts, instructors, employees, agents, and representatives to photograph, film, video record, and then use, reproduce, and publish said images/videos of me and any of my family, children, guest or invitees. I hereby release James McGar, James McGar Martial Arts, instructors, employees, agents, and representatives and assigns from any and all claims whatsoever in connection with the use, reproduction, and publication of the images/videos thereof.
  16. PERSONAL PROPERTY: James McGar Martial Arts, instructors, employees, agents, and representatives shall not be liable to participants, parents, guardians, guest, or invitees for any personal property that is lost, damaged, stolen, while on or around James McGars Martial Arts premises including, but not limited to, a vehicle or its contents or any property left on premise. Participants, parents or guardians shall be liable to James McGas Martial Arts for any damage to James McGars Martial Arts facilities and any equipment, furniture or fixture located thereon caused by a participant, parent, guardians, guest, or invitees.
  17. CANCELLED OR MISSED CLASSES: James McGar, James McGar Martial Arts, instructors, employees, agents, and representatives are not liable to participants, parents or guardians for reimbursement of cancelled classes, missed classes, or other training sessions for any reason whatsoever.
  18. By signing up, joining, training and/or observing as a guest with James McGar Martial Arts means you have fully read, understand and agree to the Payment Policy, Holidays, Discretionary Days, Rules & Etiquette, Code of Conduct and Assumption of Risk and all other terms & conditions including the “Release and Waiver of Liability and Indemnity Agreement” which you have read, signed and agreed to be contractually bound to.
  19. Academy rules are posted online via www.jamesmcgar.com ACADEMY RULES page and in consideration of being allowed to sign up you have agreed to review and abide by them.