WAIVER & ACKNOWLEDGEMENT AND RELEASE
In signing this document you are waiving the right to bring a court action to recover compensation or obtain any other remedy for; personal injuries, damage to property, loss of property, accident of any kind, death, arising out of your use of Ontario Corporation #002046474. This includes Ontario Corporation #002046474’s: facilities, equipment, your participation in tournaments or activities held or sponsored by Ontario Corporation #002046474, whether supervised or unsupervised. You must be 18 years of age or older to sign this Acknowledgement and Release, otherwise a parent or guardian must sign on your behalf.
ACKNOWLEDGEMENT AND RELEASE
Ontario Corporation #002046474 operates the NEXT GENERATION BJJ tournament circuit.
AND WHEREAS an essential condition for Ontario Corporation #002046474 permitting me to participate agreed to give this Acknowledgement and Release.
NOW THEREFORE, IN CONSIDERATION of Ontario Corporation #002046474 permitting me to participate in tournament activities, I, for myself, my personal representatives, assigns, and heirs:
(1) ACKNOWLEDGE, agree and represent that I understand the nature of the tournament and the Activities it entails, and that I am in good health and in proper physical condition to participate.
(2) I fully understand that;
A). The Tournament Activities may involve serious risks and dangers of serious bodily injury, including permanent disability, paralysis, and death(the “risks”).
B). These risks may be caused by my own action, the actions or inactions of others using the Gym or participating in the Gym Activities, the condition of the Gym or the condition in which the Gym Activities take place, or the negligence of the releases listed below and the following page.
C). There may be other special or unusual risks associated with the Gym or Gym Activities, including social or economic losses, either known to me or not readily foreseeable at this time:
I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ALL LOSSES, COSTS, AND DAMAGES I MAY INCURE AS A RESULT OF MY USE OF THE GYM OR MY PARTICIPATION IN THE GYM ACTIVITIES BOTH NOW AND IN THE FUTURE.
(3) AGREE AND WARRANT that I will examine and inspect all tournament equipment and each tournament Activity in which I take part and that, if I observe any condition which I consider to be hazardous or dangerous, I will notify the proper authority in charge of the tournament Activities, as the context requires, and will refuse to use such equipment or take part in such Activities until the condition has been corrected to my satisfaction.
(4) HEREBY RELEASE, discharge and covenant not to sue Ontario Corporation #002046474, its officers, directors, shareholders, employees, volunteers, instructors, participants in tournament Activities, users of the tournament, assigns, owners and lessors of the facility where the tournament is located, all designers, manufacturers and installers of equipment and other fixtures located at the tournament’s facilities(collectively referred to as the “releases”) from all liability, claims, causes of action, demands, losses or damages on my account caused, or alleged to have been caused, by in whole or in part by my participation in tournament Activities or the negligence of the releases or otherwise. I further agree that if despite executing this acknowledgement and release I or anyone on my behalf, makes a claim against any of the releases, whether directly or indirectly, I will indemnify, save and hold harmless each of the releases from any litigation expense, solicitor fee, loss, liability, damage or cost which may be incurred as a result of such claim.
(5) CHOICE OF LAW AND ATTORNMENT- This acknowledgement and release shall be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable within. I agree that the courts of the province of Ontario will have exclusive jurisdiction to determine all disputes and claims arising between the parties.
(6) SUCCESSORS AND ASSIGNS- This acknowledgement and release shall be binding upon myself, my personal representatives, assigns, and heirs and shall endure the benefit of Ontario Corporation #002046474 and its respective heirs, executors, administrators, directors, successors, assigns and legal representatives.
(7) I understand and agree that as a participant or spectator I may be photographed, videotaped, or have my likeness recorded by other means and used for commercial purposes including but not limited to marketing, instructional products, and internet applications.
I have read this acknowledgement and release( 2 pages) fully understand its terms and understand that I have given up substantial rights by signing it, and have signed it freely and without any inducement or assistance of any nature and intend it to be irrevocable and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this acknowledgement and release is held to be invalid, the balance of the acknowledgement and release shall continue in full force and effect.