This Assumption of Risk, Waiver and Release of Liability and Indemnity Agreement (“the Agreement”), and Consent and Release For Use of Likeness Waiver is entered into by Vitruvian Defensive Solutions LLC (“Vitruvian”), 753 Academy LLC (“753 Academy”) and the undersigned (“I” or “Student”).
I am fully aware of the risks and hazards connected with the participation in martial arts and self-defense training, and instruction in the use of weapons including, edged and blunt weapons, firearms, the discharge of firearms and the firing of live ammunition; that said risks and hazards of participating in such activities include physical injury or even death; and I hereby elect to voluntarily participate in said event(s), knowing that the associated physical activity may be hazardous to me and/or my property. I VOLUNTARILY ASSUME FULL AND SOLE RESPONSIBILITY FOR ANY RISKS OR LOSS, PROPERTY DAMAGE, ILLNESS OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or loss or damage to property owned by me, as a result of participation in any course, class, session, or workshop (“events”), including any damage, injury or death arising out of the negligence (except gross negligence or intentional acts) of Vitruvian or 753 Academy, whether active or passive, or any of Vitruvian’s or 753 Academy’s trainers, instructors, employees, subsidiaries, affiliates, representatives, successors or assigns, officers, servants, agents, staff, employees, or contractors (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death or contracting any viral illness or disease , that may be sustained by me, or to any property belonging to me, while participating in physical activity, or while on or upon the premises where the event is being conducted.
I further certify that I am at least 18 years of age. If under 18, my parent/guardian is the below signed. To the best of my knowledge, I am in good physical condition and fully able to participate in this course.
By execution of this Agreement, I hereby agree to indemnify and hold harmless Vitruvian from any loss, liability, damage or cost Vitruvian may incur due to the provision of training and/or instruction by Vitruvian to you.
It is my expressed intent that this release and hold harmless agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVE, DISCHARGE, and CONVENTION TO SUE the above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed exclusively in accordance with the laws of the State of Arizona.
In signing this release, I acknowledge and represent that I HAVE READ THE FOREGOING Waiver of Liability and Hold Harmless Agreement, and that I UNDERSTAND IT AND HAVE SIGNED IT VOLUNTARILY as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreements have been made; and I EXECUTE THIS RELEASE FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND BY SAME. I understand and expressly agree that my aforesaid waiver is intended to be as broad and inclusive as permitted by applicable law, and that if any provision of this agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.