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10SHADOWS / FRONTIERRA LLC / YULY GROSMAN/ (COLLECTIVELY “KRAV MAGA GROUP”) INVOLVE SIGNIFICANT RISK OF SERIOUS INJURY TO THOSE ENGAGING OR PARTICIPATING IN THEM AND TO THOSE PERSONS AGAINST WHOM THE ACTIONS OR MEANS ARE USED. ONLY THOSE PERSONS AGE 18 YEARS OR OLDER WHO ARE WILLING TO ASSUME THE RISK OF INJURY AND WHO AGREE TO BE BOUND BY THE ASSUMPTION OF RISKS, WAIVER, RELEASE AND OTHER PROVISIONS SET FORTH BELOW ARE PERMITTED TO VIEW THIS VIDEO OR RECORDED MATERIALS. ALL OTHER PERSONS ARE PROHIBITED FROM VIEWING THE VIDEO OR RECORDED MATERIALS
BY WATCHING THIS VIDEO, READING THE RECORDED MATERIAL, OR SIGNING THIS AGREEMENT, YOU WILL BE DEEMED TO HAVE UNDERSTOOD AND AGREED TO THE WAIVER, RELEASE, AND ASSUMPTION OF RISKS AND OTHER PROVISIONS SET FORTH BELOW
1. This Agreement applies to all videos, recorded materials, and activities or actions depicted by Krav Maga Group or undertaken by any person viewing such videos or recorded materials, including but not limited to Krav Maga Group instruction, private instruction, classes, exercises, warm ups, events, demonstrations, seminars, workshops, tests, sparring, simulations, physical contact, and other related activities (hereinafter the “Released Activities
2. PARTIES BOUND This Agreement shall be binding on Krav Maga Group, all persons who view the videos, recorded materials, and activities or actions depicted by Krav Maga Group and all other persons or entities affected by or arising out of the Released Activities, including but not limited to estate, executors, heirs, legal representatives, administrators, successors and assigns.
3. ASSUMPTION OF RISK Each person or voluntary participant (referred to as “Student”) knows, understands, and acknowledges that the Released Activities involve significant risks and that are inherently dangerous activities in which there is a risk of serious, permanent bodily injury or death and that no amount of care, caution, instruction, experience, or expertise can eliminate the dangers associated with the Released Activities. Student further understands, and acknowledges that the physical contact essential to Krav Maga further increases the risks inherent in the Released Activities. Student acknowledges that Student has been advised to wear protective equipment and to take all available precautions while engaging in the Released Activities. Student understands and acknowledges that even if Student is an experienced participant in the Released Activities, and does everything reasonably prudent to avoid injury, that serious permanent injury or death may still result from my participation in the Released Activities. Student recognizes that the Released Activities are strenuous, athletic end endeavors requiring Student to be in good physical condition, and that even if Student is in good physical condition, Student may suffer physical or mental injuries by participating in the Released Activities. Student expressly, voluntarily, and irrevocably assumes all risk of death, personal injury, and/or damage to Student person or property sustained while participating in the Release Activities, whether or not such death, personal injury and/or damage is caused by the active, passive, or gross negligence of any person or entity, including the Released Parties, or from any other cause, to the fullest extent allowed by law.
4. WAIVER AND RELEASE OF CLAIMS Student waives and releases Krav Maga Group and all constituents thereof and all instructors and students, the property owners/lessors/lessees of all Krav Maga Group locations, and each of their respective officers, directors, agents, representatives, servants, employees, and shareholders (hereinafter the “Released Parties”) from any and all liability, claims, demands, actions, or causes of action of any kind arising out of or in any way related to any damages, loss, or injury to Student or Student’s property while participating in the Released Activities and/or using any equipment or premises provided by the Released Parties, whether such damages, loss, or injury results from the active, passive, or gross negligence of any person or entity, or from any other cause.
5. COVENANT NOT TO SUE Student agrees, on Student’s own behalf and on behalf of Student’s estate, executors, heirs, legal representatives, administrators, successors and assigns, to the extent permitted by law, not and never to commence, or assist in the initiation or prosecution of, any lawsuit, claim, demand, action, proceeding, or cause of action, against the Released Parties related to the Released Activities or any other activities contemplated by this Agreement.
6. INSURANCE Released Parties do not provide medical, disability, product liability, life, personal, accident, or general liability insurance for any accident, injury, loss, or death which may arise from the Released Activities. Student waives any and all claims, rights, or benefits Student may have from any insurance policy pertaining to the Released Activities or the Released Parties. Student certifies that Student has adequate insurance to cover any injury or damage Student may cause or suffer while participating in the Released Activities or, if Student does not have such insurance, Student agrees to bear the cost of such injury or damage.
7. REPRESENTATION OF PHYSICAL CONDITION Student represents and certifies that Student does not suffer from any physical infirmities or chronic illnesses which will affect Student’s ability to engage in any Released Activities and that Student is not under treatment for any physical and/or psychological conditions which will affect Student’s ability to participate in the Released Activities. Student hereby attests and verifies that Student is physically fit and that Student’s physical condition has been verified by a licensed medical doctor. Student further certifies that Student assumes the risk of any medical or physical condition Student has now or in the future.
8. CONTINUING AGREEMENT The releases, waivers, assumption of risk and covenant not to sue contained in this this Agreement shall continue in full force and effect now and in the future at all times during which Student participates, either direct or indirectly in the Released Activities, and whether Student is participating as an assistant instructor, instructor, student, or in any other capacity.
9. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the substantive law of [Kenya] applicable to agreements signed by and to be performed in Kenya and Students consent to the sole jurisdiction and venue of the courts Kenya with respect to any disputes or claims arising under or with respect to this Agreement or the released Activities.
I AM 18 YEARS OF AGE OR OLDER, UNDERSTAND THE RISKS INVOLVED, AND AGREE TO THE TERMS OF THIS AGREEMENT EITHER
1) BY WATCHING THE VIDEO OR REVIEWING THE RECORDED MATERIALS OR
2) BY SIGNING THIS AGREEMENT BELOW. IMPORTANT YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS. READ THIS AGREEMENT VERY CAREFULLY BEFORE YOU VIEW THE VIDEO OR RECORDED MATERIALS OR SIGN THE AGREEMENT.
The parties recognize the legal force behind e-mails – documents sent by e-mail (e-mail), and recognize them as equivalent to documents on paper, signed with a handwritten signature, since only the Parties themselves and their authorized persons have access to the corresponding e-mail addresses specified in the Agreement in the details of the Parties and which are the electronic signature of the respective Party. Each Party provides access to e-mail using a password and undertakes to maintain its confidentiality.