Shogun West Registration

THIS IS A RELEASE OF LIABILITY AND ASSUMPTION OF RISK
READ AND UNDERSTAND BEFORE AGREEING

Disclosure

The Participant named ({first_name}) in this form desires to participate in programs or activities (the “Program”) that involve risk held by or at Shogun West, LLC. The program or activities may be located at Shogun West or other locations, with in person and/or virtual participation. The term “Participant”, “you” or “your” refer to the actual Participant in the program activities as well as the Participant’s parent/guardian, as the context requires.

The program team are trained in facilitating activities with the required safety precautions. The program involves a variety of activities, which include rigorous physical activities, the use of equipment, and specialized skills such as but not limited to Brazilian Jiu Jitsu / Martial Arts. The level of participation is completely up to individual choice throughout the program. However, there is risk that must be assumed by each Participant.

You ({first_name}) acknowledge that you are voluntarily participating in the program with knowledge of the dangers involved and hereby agree to accept and assume any and all risks of injury or death, whether caused by the negligence of the Released Party or otherwise

Release of Liability

For and in consideration of being allowed to participate in the program, the undersigned agrees as follows:

1. To hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against Shogun West, LLC, and its respective officers, directors, trustees, employees, volunteers, agents, affiliates, successors, and assigns (collectively, the “Releasees” or “Released Party”), and release the Releasees from any and all liabilities, claims, demands, actions, causes of actions, costs and expenses of any nature whatsoever which the undersigned may have arising out of any loss, damage or injury that may be sustained by the undersigned, or to any property belonging to the undersigned, arising in connection with the Program, including but not limited to relating to the Coronavirus (COVID-19), whether caused by the negligence, including the sole negligence, of the Releasees or otherwise, including without limitation the Releasees’ cancellation, postponement or modification of the Program.

2. To defend, indemnify, and hold harmless Shogun West, LLC and all Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, court costs, and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by the Releasees, arising out or resulting from any claim related to the undersigned’s participation in the Program.

3. That this agreement is binding on the undersigned, the members of his / her family and spouse (if any), his / her estate, heirs, administrators, successors, assigns and personal representatives. This release inures to the benefit of the Released Party and their respective estates, heirs, administrators, successors, assigns and personal representatives. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of New York.

Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Monroe County and the undersigned hereby consents to the exclusive jurisdiction of such courts.
 
Emergency Medical Treatment
 
The Participant grants the Releasees permission to authorize emergency medical treatment for the Participant, as they deem appropriate, during the Program. The Participant agrees that the Releasees assume no responsibility for any injury or damage which might arise out of or in connection with such authorized emergency medical treatment. Should a Participant require medical attention at any time during the Program, the Program staff shall promptly report the situation to the parent/guardian or emergency contact person indicated on the required Emergency and Medical Information form for instruction. If such person cannot be reached, or if it is an emergency situation, the parent/guardian or emergency contact person hereby gives permission for emergency care to be obtained at his/her expense.

You warrant that you maintain medical insurance that covers the Participant for accidents and illnesses while participating in the Program activities. Participant assumes full responsibility for payment of medical expenses not covered by this insurance incurred as a result of the Participant’s involvement in the Program activities

SHOGUN WEST PHOTO RELEASE FORM

I hereby grant Shogun West, LLC permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications / social media, without payment or other consideration.

I understand and agree that all photos will become the property of Shogun West, LLC and sharable upon request.

I hereby irrevocably authorize Shogun West, LLC to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.

I hereby hold harmless, release, and forever discharge Shogun West, LLC from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

I HAVE READ AND UNDERSTAND THE ABOVE PHOTO RELEASE. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE, OR, IF I AM UNDER 18 YEARS OF AGE, I HAVE OBTAINED THE REQUIRED CONSENT OF MY PARENTS/GUARDIANS AS EVIDENCED BY THE ACKNOWLEDGMENT BELOW.