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**As of 2020, please review an additional section of this waiver specifically referring to our operations and student and instructor/business agreement in response to the Coronavirus [COVID/COVID-19] pandemic.**

Assumption of Risk & Waiver of Liability

Student/Member represents that he/she is in good physical condition and is able to use the facilities of Band of Brothers Martial Arts, LLC.  Student/Member hereby acknowledges that he/she is fully aware of the risks and hazards inherent in the practice of Martial Arts, Fitness Activities and Classes (listed above), and hereby assumes voluntarily all risks of loss, damage or injury (including death), that may be sustained by Student/Member or to his/her property.

Student/Member hereby accepts full responsibility for the use of, or participation in, any and all classes, services, equipment, demonstrations or event, whatsoever owned, operated or sponsored by Band of Brothers Martial Arts, LLC, whether on-site or off-site, and hereby releases and agrees to hold harmless, Band of Brothers Martial Arts, LLC, its owners, officers, directors, members, employees, representatives and agents from any and all loss, claim, injury, damage or liability sustained or incurred by Student/Member resulting there from.  Student/Member releases and agrees to hold harmless, Tenth Muse Dance, (Savoy) Hapkido, and Twin City Judo Club its owners, officers, directors, members, employees, representatives and agents from any and all loss, claim, injury, damage or liability sustained or incurred by Student/Member resulting there from.

This release shall be binding upon the heirs, distributes, next of kin, executor and administrator of each of the undersigned. In signing this Membership Agreement, the undersigned hereby acknowledges and represents that he/she has read this release, understands it and signs it voluntarily.

Damage to Property

If Student/Member willfully or neglectfully does damage to any Band of Brothers Martial Arts, LLC property, the cost of repairing or replacing such damaged property shall be paid for by Student/Member.

Likeness Release

I hereby grant Band of Brothers Martial Arts, LLC, its owners, officers, directors, members, employees, representatives and agents, 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, without payment or other consideration. I understand and agree that all photos will become the property of Band of Brothers Martial Arts, LLC, and will not be returned.

I hereby irrevocably authorize Band of Brothers Martial Arts, 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 from, or related to, the use of the photo. I hereby hold harmless, release, and forever discharge the Band of Brothers Martial Arts, 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.

Rules and Regulations

I, Student/Member, hereby agree to abide by all rules and regulations of Band of Brothers Martial Arts, LLC, which may be posted or issued verbally, and as amended from time-to-time as deemed necessary by its owners, officers, directors, representatives and agents.

Band of Brothers Martial Arts, LLC may terminate classes for any individual, or group of students, for violation of any rule or regulation, or any conduct, which is detrimental to the welfare, or character of Band of Brothers Martial Arts, LLC group or any of its students/members.  There will be no refund of the membership/student fee if termination is prompted by any violations, as mentioned above.

Membership/student fees at the Band of Brothers Martial Arts, LLC are not transferable for any reason.

Electronic Acknowledgement

The student/member hereby understands and agrees that they have the right to execute this Agreement through paper or through electronic signature (such as the FitLi online application). The parties agree that to the extent they sign electronically, their electronic signature is the legally binding equivalent to their handwritten signature. Whenever they execute an electronic signature, it has the same validity and meaning as their handwritten signature. They will not, at any time in the future, repudiate the meaning of my electronic signature or claim that their electronic signature is not legally binding. They agree not to object to the admissibility of this Agreement as an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. Each party will immediately request that their electronic signature be revoked in writing if they discover or suspect that it has been or is in danger of being lost, disclosed, compromised or subjected to unauthorized use in any way. They understand that they may also request revocation at any time of their electronic signature for any other reason in writing.

If either party would like a paper copy of this Agreement, they may request a copy from the other party.

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Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. Band of Brothers Martial Arts, LLC has put in place preventative measures to reduce the spread of COVID-19; however, Band of Brothers Martial Arts, LLC cannot guarantee that you will not become infected with COVID-19. Further, participation could increase your risk of contracting COVID-19.

READ CAREFULLY BEFORE SIGNING
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participation; and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Band of Brothers Martial Arts, LLC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Band of Brothers Martial Arts, LLC staff and program participants and their families.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation at Band of Brothers Martial Arts, LLC. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Band of Brothers Martial Arts, LLC, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Band of Brothers Martial Arts, LLC, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation at Band of Brothers Martial Arts, LLC.

I represent that I have adequate insurance to cover any injury or illness I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or illness 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.

In the event that I file a lawsuit, I agree to do so in the state where Band of Brothers Martial Arts, LLC is located, and I further agree that the substantive law of that state shall apply. 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 exposed or infected by COVID- 19 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 have signed a separate general waiver of liability connected to my participation at Band of Brothers Martial Arts, LLC I agree that the terms of that waiver are wholly incorporated into this document and that the terms of this document are incorporated into the separate general waiver.

Click I Accept/OK/Yes to agree to the Waiver of Liability for the Band of Brothers Martial Arts School, Band of Brothers Martial Arts, LLC.

[Version 2020.11.15]