Little Tokyo Fight Club
WAIVER OF LIABILITY, ASSUMPTION OF RISK, & INDEMNITY AGREEMENT
***All participants must sign prior to participation in activities.***
Waiver: In consideration for permission to participate in any way in any and all activities in and for Little Tokyo Fight Club (“LTFC”), I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Little Tokyo Fight Club LLC, its officers, directors, partners, administrators, employees, coaches, volunteers, successors, assigns, and agents, promoters, sponsors, other participants, lessors or lessees of premises, and any involved principalities or public entities (and their respective agents and employees), all of whom are hereinafter collectively referred to as “Releasees”, from liability for any and all claims, demands, or losses on account of personal injury (including, but not limited to, permanent injury and death) to property damage (including, but not limited to, theft), caused or alleged to be caused in whole or in part by negligence of the Releasees, accident or illness, or otherwise to the fullest extent permitted by California law, arising from, but not limited to, participation in Little Tokyo Fight Club activities.
Assumption of Risks: I further hereby acknowledge and understand that participation in Little Tokyo Fight Club and martial activities carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from (1) minor injuries including, but not limited to, scratches, cuts, bruises, and sprains to (2) major injuries including, but not limited to, eye injury or loss of sight, joint of back injuries, heart attacks, knee injuries, leg injuries, arm injuries, hand injuries, neck injuries, ligament tears, broken bones, dislocations, and concussions to (3) catastrophic injuries including, but not limited to, paralysis and death.
I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in participating in martial arts at Little Tokyo Fight Club. I hereby assert that my participation is voluntary and that I knowingly assume all such risks, both foreseeable and unforeseeable.
Indemnification, Duty to Defend, and Hold Harmless: I also agree to INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS the Releasees from any and all claims, actions, suits, procedures, judgments, costs, expenses, damages (including, but not limited to, punitive damages) and liabilities, including penalties, fines, and/or attorneys’ fees and costs (including attorneys’ fees and costs incurred to enforce any section contained in this agreement) brought as a result of my participation in Little Tokyo Fight Club and to reimburse Releasees for any such expenses incurred.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: I have read this Waiver of Liability, Assumption of Risk, & Indemnity Agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the fullest extent allowed by California law. I certify that I am at least 18 years of age (or the legal guardian of a participating minor) at the time of executing this Waiver of Liability, Assumption of Risk, & Indemnity Agreement.
*** In addition to the above waiver ***
*** PHOTO AND VIDEO CONSENT AND RELEASE ***
Agreement: This Agreement is between Little Tokyo Fight Club and the Participant with respect to the reproduction of either a performance or a photograph/video described below. The parties agree as follows:
I voluntarily grant Little Tokyo Fight Club the absolute and irrevocable right and unrestricted permission to use my name, likeness, image, voice and/or appearance in any photos, video recordings, audiotapes, digital images, and the like, taken or made on behalf of Little Tokyo Fight Club or its partners.
I agree that Little Tokyo Fight Club has complete ownership of such material and can use said material for any purpose consistent with Little Tokyo Fight Club’s mission. These uses include, but are not limited to photographs, videos, publications, advertisements, news releases, websites, and any promotional or educational materials in any medium.
I acknowledge that I will not receive any compensation for the use of such images, video, likeness, etc.
I release, waive, forever discharge, hold harmless and covenant not to sue Little Tokyo Fight Club, its officers, directors, partners, administrators, employees, coaches, volunteers, successors, assigns, and agents, promoters, sponsors, other participants, lessors or lessees of premises, and any involved principalities or public entities from and against any and all liability for any harm, injury, damage, claims, actions, causes of action, costs, demands, and expenses of any nature whatsoever relating to the making, showing, distribution or use of my likeness in photos or videos made by Little Tokyo Fight Club.
Little Tokyo Fight Club and its successors and assigns shall have the full, exclusive and complete ownership of said material produced pursuant to this release, which shall be deemed the sole property of Little Tokyo Fight Club, all of which ownership and other rights I grant to Little Tokyo Fight Club for good and sufficient consideration.
This Agreement constitutes the entire agreement between the parties and is governed by California Laws. Any modification of this Agreement must be in writing, signed by both parties.
I represent that I am over the age of eighteen (18) years and that I have read the foregoing and fully understand its contents. This release shall be binding upon me, my heirs, legal representatives, and assigns.