AIKIDO KIMORI DOJO OF ORANGE COUNTY
WAIVER, RELEASE AND INDEMNITY AGREEMENT
AIKIDO KIMORI DOJO OF ORANGE COUNTY (“Aikido Kimori Dojo”) operates the Aikido Dojo located at 14220 Culver Drive, Suite D, Irvine, CA 92604.
Aikido Kimori Dojo offers classes, instruction and practice in the martial art Aikido, organizes workshops, seminars and exams, and hosts or may host other related activities (whether in the Dojo or outside the Dojo), including among others, exercise programs, and other defensive arts, and all activities related or incidental thereto (together, “Aikido Activities”).
Aikido Activities involve, among other things, falling, grabbing, kicking, observing, pinning, punching, rolling, sitting, striking, throwing, weapons training, and many other potentially dangerous or injurious activities, whether as a participant or spectator, and whether or not under the supervision or instruction of Alexander Natelli, other Aikido Kimori Dojo instructors, visiting instructors, principals, employees, attorneys or agents (together, the “Affiliates”) or co-participants, which may result in personal injury, property damage or death.
For and in consideration of Aikido Kimori Dojo permitting you to participate in or observe Aikido Activities, and whether or not under the supervision or instruction, any Affiliates or co-participants (but except for fraud, willful injury, recklessness, violation of law or the knowing increase in the risk of harm beyond what is inherent in learning, practicing, or performing Aikido Activities), you, and on behalf of your heirs, executors and administrators, hereby voluntarily, knowingly and expressly:
(1) forever assume any and all risks, whether known or unknown, inherent in Aikido Activities and agree to be challenged to perform beyond your (then) current ability; and
(2) forever release, relieve, discharge, waive and relinquish any and all claims, actions or causes of action for personal injury, property damage or wrongful death, arising out of, regarding, respecting or concerning the active or passive negligence of the Dojo, any Affiliates or co-participants, as a result of engaging in any Aikido Activity; and
(3) forever indemnify and hold harmless the Dojo, the Affiliates and co-participants from and against any and all claims or causes of action by whomever, whenever or wherever made or presented for personal injuries, property damage or wrongful death occasioned by any Aikido Activity.
If any term or provision of this Waiver, Release and Indemnity Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining terms and provisions hereof shall not in any way be affected or impaired thereby.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS WAIVER, RELEASE AND INDEMNITY
AGREEMENT AND HAVE BEEN FULLY AND COMPLETELY ADVISED OF ALL THE POTENTIAL DANGERS AND RISKS INHERENT IN AIKIDO ACTIVITIES (WHETHER OR NOT UNDER THE SUPERVISION AND INSTRUCTION OF THE DOJO, ANY AFFILIATES OR CO-PARTICIPANTS), AGREE TO BE CHALLENGED BEYOND YOUR (THEN) CURRENT ABILITY, ARE FULLY AWARE OF THE LEGAL CONSEQUENCES OF ENTERING INTO THIS WAIVER, RELEASE AND INDEMNITY AGREEMENT, AND VOLUNTARILY FOREVER ASSUME ALL RISKS, AND WAIVE, RELEASE AND INDEMNIFY THE DOJO, ITS AFFILIATES AND CO-PARTICIPANTS FROM ANY AND ALL CLAIMS AS SET FORTH ABOVE.