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RELEASE, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT

In consideration of participating in the sport of martial arts, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence of Kodiak Martial Arts, LLC and its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:

1. I acknowledge that the sport of martial arts involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, death, paralysis, broken bones, torn ligaments, bruises, and other bodily injuries caused by contact with other participants, objects used during martial arts activities, or walls, matting or the floor; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.

2. I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

4. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.

5. In the event that I file a lawsuit, I agree to do so solely in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.

6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

By signing this document, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.

I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.

If I am signing on behalf of a minor participant, I hereby acknowledge that in consideration of the minor being permitted to participate in this activity, I further agree to indemnify and hold harmless Releasees from any claims alleging negligence which are brought by or on behalf of the minor or are in any way connected with such participation by the minor.

Signature of participant or guardian:  Date: {sign_date}

Name: {name} Address: {address} Telephone: {phone}

KODIAK MARTIAL ARTS, LLC MEMBERSHIP AGREEMENT

Member: {name}

Our school bills $100.00 monthly for single-day memberships and $150.00 monthly for two-day memberships, but you may be entitled to a family discount (10% off students beyond the first). In addition, your first month may be prorated depending on the time remaining in the month. These fees are due on the first of each month, and your credit card will be charged automatically. If you haven't already done so, please update your credit card information in your online account. By signing this agreement, you are promising to pay our fees per these terms. By signing this agreement, you are authorizing Kodiak Martial Arts, LLC to charge your debit/credit card to pay all fees owed under this membership. If your payment is more than five (5) days late for any reason, there will be an additional $10.00 charge.

If you would like to cancel your membership, please let us know at least seven (7) days before the end of the month so that we can adjust our billing. If you do not notify us at least seven (7) days prior to the end of the month, the credit card on your account will be billed.

Your membership fees will be due even if you do not attend class. You will have assigned class times. If you cannot attend a class, we will do our best to fit you into another class (a "make-up" class), but there is no guarantee that another class will be available. Also, from time to time, it may be necessary to move students to other classes to better meet their needs. We will work with you to make sure that the new class fits into your schedule.

If you do not pay the fees due under this agreement, you will not be permitted to attend class or use our facilities.

You have the right to rescind this agreement within three (3) business days after you sign this agreement. If properly rescinded, all monies paid by you under this agreement will be refunded.

All members must sign a separate Release, Indemnification, and Hold Harmless Agreement, which will be sent separately.

Thanks! And welcome to our community!

Signature of responsible party: Date: {sign_date}

Name: {name} Address: {address} Telephone: {phone}