Whereas, in consideration of being permitted to attend the relevant courses, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Student agrees to the following:
1. ASSUMPTION OF RISK. The Undersigned acknowledges and is fully aware of the risks, hazards, and potential dangers of participating in these courses, which include but are not limited to, self-defense courses and first aid courses. The risks, hazards, and potential dangers of these courses include but are not limited to the following depending on the activity in the course: falls, falling onto other participants, throws, kicks, punches, hits, or any other physical contact used in self-defense, the proper or improper use of equipment or objects used in self-defense instruction, including but not limited to pads, mats, weapons, or hardware, the presence of any defects in the equipment or objects used in self-defense instruction, failures of any equipment or objects used in self-defense, contact with manikins, overexertion, overheating, dehydration, the proper or improper use of any CPR and other first-aid supplies, including but not limited to supplies that may contain latex or other allergenic materials, gloves, bandages, manekins, tweezers, glue, tourniquets, splints, thermometers, antiseptics, disinfectants, and topical treatments or topical medications, the presence of any defects of any CPR and other first-aid supplies, and failures of any CPR and other first-aid supplies, the proper or improper practice or administration of CPR or other first aid. The types of risks, hazards, and potential dangers of these courses include but are not limited to property damage, personal or emotional injury, physical injury, injuries resulting from Undersigned’s lack of physical fitness, conditioning, or a pre-existing physical condition, dismemberment, disfigurement, total or partial disability, or death.
2. WAIVER. The Undersigned and Undersigned’s heirs, representatives, executors, administrators, next of kin, or any persons or entities acting on Undersigned’s behalf of Undersigned or Undersigned’s estate hereby releases, waives, and forever discharges and covenants not to bring any claim, demand, or other cause of action against SOTERIA TRAINING ACADEMY, LLC, and/or its affiliates, employees, volunteers, agents, members, directors, managers, successors, assigns, or any other of its representatives, which arise directly or indirectly from including but not limited to property damage, personal or emotional injury, physical injury, injuries resulting from Undersigned’s lack of physical fitness, conditioning, or a pre-existing physical condition, dismemberment, disfigurement, total or partial disability, or death, which results, whether directly or indirectly, or wholly or partially, arising out of, related to, or connected with: Undersigned’s presence on or use of the Premises; the presence of Undersigned’s personal property on the Premises; the course of instruction; the participation or presence of the Undersigned in the Course; the Premises, including any latent defect in the Premises; the use of equipment or objects used in self-defense; the practice or performance of self-defense, whether practiced on or administered to another participant or a third-party or alone, whether in the course of instruction at the premises or otherwise; the use of CPR and first-aid supplies; the practice or performance of CPR or first aid, whether practiced on or administered to another participant or a third-party or alone, whether in the course of instruction at the premises or otherwise; any act or omission to act by Undersigned, whether negligent or not; any act or omission to act by any third party on the premises, whether negligent or not; and any act or omission to act, whether negligent or not, by SOTERIA TRAINING ACADEMY, LLC. This waiver includes but is not limited to negligent or omitted first-aid practices by SOTERIA TRAINING ACADEMY, LLC.
3. INDEMNIFICATION. The Undersigned and Undersigned’s heirs, representatives, executors, administrators, next of kin, or any persons or entities acting on Undersigned’s behalf of Undersigned or Undersigned’s estate agrees to indemnify, hold harmless and defend SOTERIA TRAINING ACADEMY, LLC (including its affiliates, employees, volunteers, agents, members, directors, managers, successors, assigns, or any other of its representatives) from any and all claims, demands, or other causes of action arising out of, related to, or connected with: Undersigned’s presence on or use of the Premises; the presence of Undersigned’s personal property on the Premises; the course of instruction; the participation or presence of the Undersigned in the Course; the Premises, including any latent defect in the Premises; the use of equipment or objects used in self-defense; the practice or performance of self-defense, whether practiced on or administered to another participant or a third-party or alone, whether in the course of instruction at the premises or otherwise; the use of CPR and first-aid supplies; the practice or performance of CPR or first aid, whether practiced on or administered to another participant or a third-party or alone, whether in the course of instruction at the premises or otherwise; any act or omission to act by Undersigned, whether negligent or not; any act or omission to act by any third party on the premises, whether negligent or not; and any act or omission to act, whether negligent or not, by SOTERIA TRAINING ACADEMY, LLC.
4. UNDERSIGNED’S REPRESENTATIONS
- 4.1 PHYSICAL OR MENTAL ILLNESS OR CONDITION. Undersigned represents and certifies that Undersigned does not have a physical or mental illness or condition that will impair Undersigned’s ability to safely participate in the Course to maintain the safety of Undersigned and others.
- 4.2 DRUG AND ALCOHOL POLICY. Undersigned represents and certifies that Undersigned is not under the influence of drugs or alcohol which impairs Undersigned’s ability to safely participate in the Course to maintain the safety of Undersigned and others. Undersigned shall never participate in the Course if Undersigned is under the influence of drugs or alcohol which impairs Undersigned’s ability to safely participate in the Course to maintain the safety of Undersigned and others.
- 4.3 COMPLIANCE WITH RULES, INSTRUCTIONS, AND PROCEDURES. Undersigned agrees to follow and abide by rules, instructions, and procedures of the instructor of the Course or any other appropriate staff. Compliance with rules, instructions, and procedures is necessary for the safety of the Undersigned and others.
5. REMOVAL FROM COURSE AND PREMISES. Undersigned agrees that SOTERIA TRAINING ACADEMY, LLC staff may in their sole discretion, determine that it is unsafe for Undersigned or others for Undersigned’s participation in the Course to continue. SOTERIA TRAINING ACADEMY, LLC staff, in their sole discretion, may remove Undersigned from the premises by any lawful means.
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