Aikido of Tamalpais and Aikido Kids of Tamalpais Waiver, Release and Indemnity Agreement

Aikido of Tamalpais and Aikido Kids of Tamalpais Waiver, Release and Indemnity Agreement

AIKIDO OF TAMALPAIS (the “Dojo”) operates the Aikido Dojo located at 142 Redwood Avenue, Corte Madera, CA 94925. The Dojo, Aikido Kids of Tamalpais, Advanced Training Camps, and Samurai Summer Camp, and all such similar camps (together the “Camps”) offer classes, instruction and training in the martial art Aikido, sponsors workshops, seminars and exams, and hosts or may host other related activities (whether in the Dojo or outside the Dojo, including any restricted areas where the general public is prohibited), including among others, energy awareness training, yoga, aerobics, Feldenkrais, games, meditation, body work systems, exercise programs, and other defensive or fighting arts, and all activities related or incidental thereto (together, “Aikido Activities”). Aikido activities involve, among other things, observing, sitting, stretching, twisting, rolling, falling, striking, grabbing, throwing, pinning, kicking, weapons training, and many other potentially dangerous or injurious activities, whether as a participant, parent, guardian, observer or spectator, and whether or not under the supervision or instruction of Brian Scott, Kirk Scott, Greg Owens, Eleanor Martineau, Dolano Arthur, 142 Redwood Ave. LLC, the Dojo’s other instructors, visiting instructors, principals, Dojo property owners, employees, attorneys or agents (together, the “Affiliates”) or co-participants in Aikido Activities, which may result in personal injury, property damage or death. If at any time, I feel any Aikido Activity to be unsafe, I will immediately take all precautions to avoid the unsafe Aikido Activity and will refuse to participate further.

For and in consideration of the Dojo permitting you, your child, or minor child subject to a guardianship (together, your “Child”), to participate in or observe Aikido Activities, and whether or not under the supervision or instruction of the Dojo, any Affiliates or co-participants (but except for fraud, willful injury, recklessness, gross negligence, 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 Child, your or their 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 that you or the Child may be challenged to perform beyond your or their (then) current ability;

(2) forever release, relieve, discharge, waive and relinquish any and all claims, actions,

damages or causes of action for personal injury (including, but not limited to, serious injuries such as pulled muscles, dislocated joints, broken bones, transmission of infectious diseases, partial and or total disability, paralysis), property damage or wrongful death, arising out of, with respect to, in connection with, 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, including reasonable attorney’s fees and costs, whenever or wherever made or presented for personal injuries, property damage or wrongful death to you or a Child or any third party occasioned by any Aikido Activity.

I further acknowledge that social and economic losses and/or damages, which could result from any of the foregoing risks and dangers could be severe.

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.

I, and on behalf of my Child, understand that Aikido is, among other things, an education system. For the benefit of the training and safety of myself, my Child and other participants, I agree to conduct myself and my Child in a manner consistent with a common sense of safety. To ensure safety to myself and others, I, and on behalf of my Child, agree to explicitly follow the instructions of the teacher and understand that if I refuse to do so, I may be asked to leave the class. In accordance with the law, the Dojo does not exclude individuals with medical conditions that do not pose a medically recognized threat to the health or safety of the other students in the normal course of training. I understand that there are some unavoidable circumstances where these conditions may require special caution on my part to minimize danger to others, or myself and I acknowledge that it is my responsibility to act accordingly. If I or my Child has a disability, special needs, illness, pregnancy, or is currently seeing a therapist, I promise to consult with my or my Child’s physician or therapist before participating or permitting my Child to participate in Aikido Activities, whether on or off the mat, in any restricted area of the Dojo or otherwise. If my or my Child’s presence on the mat or participation in any Aikido Activity is deemed by the instructor or any Affiliate, to pose a danger to myself, my Child the instructor or any co-participant, I acknowledge and agree that the instructor or Affiliate may request that I or my Child exit the mat and refrain from any such action.

Infectious or Contagious Diseases:
Undefined terms as used in this Waiver Agreement re Infectious or Contagious Diseases shall have such meanings as are ascribed to them in this Waiver.  

In further consideration of, and as a condition to my attendance at Aikido Kids of Tamalpais Camps or Classes and other Aikido Activities, I acknowledge that I may be exposed to a variety of pathogenic, viral and bacterial vectors of disease. I further understand that I may be exposed to infectious or contagious diseases and/or human bodily fluids resulting from my direct or indirect contact with co-participants or instructors, including but not limited to, exposure to bacteria or viruses causing Aids, measles, mumps, rubella and whooping cough (pertussis), tuberculosis, influenza (including, without limitation, “swine flu” or “bird flu”), conjunctivitis, impetigo, MRS (methicillin- resistant Staphylococcus aureus), the common

cold, severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2, COVID19) and hepatitis A, B, or C, as well as lice and any other ectoparasites. I further understand and agree that the foregoing list of conditions, infectious agents or diseases is illustrative only, and is not all inclusive. There may be a time when heightened protocol procedures may be needed due to the increased presence of infectious diseases within the community. Other heightened hygiene protocols may be posted based upon new information from the CDC or state and local governments.

For the purpose hereof, any and all such conditions, infectious agents or diseases, whether listed here or not, shall together be referred to as “Infectious or Contagious Diseases.” Subject to applicable laws with respect to rights of privacy and confidentiality, I understand that it is my personal responsibility to contact a physician concerning my participation in any Aikido Camp or other Aikido Activities if I believe I have or may have contracted any infectious or Contagious Disease, or if I have any physical condition which may impair my participation in this Camp, Class or other Aikido Activities. To the best of my knowledge, I do not have any infectious or Contagious Disease which would pose any danger to myself, co-participants or instructors. Anyone with a fever, chills, cough, shortness of breath, sore throat, loss of smell or taste, diarrhea, muscle aches, headache should not come to the Dojo or participate in Aikido Activities. If someone in the household has or is suspected of having COVID, a student should quarantine and/or isolate for the then-applicable period as recommended by the CDC. Furthermore, I understand and acknowledge that co-participants and instructors may have Infectious or Contagious diseases which may be transmitted to me through my participation in this Camp, Class or other Aikido Activities. I understand that exposure to Infectious or Contagious diseases could result in illness, disability, morbidity and/or death, the risks of which I expressly agree to assume and for which I hereby fully release, indemnify and hold harmless the Dojo, Aikido Kids of Tamalpais and co-participants.

I understand that I am not only responsible for my own safety and health, but that I am also responsible for the safety and health of co-participants and instructors with whom I train. I have covered any cuts and/or broken skin with suitable leak proof material, and will immediately stop participation in the class, Camp or other Aikido Activities if I find I am bleeding, in which case I will immediately stop participation in the camp, class other Aikido Activities if I find I am bleeding, in which case I will immediately leave the mat, stop the bleeding, wash the wound and clean and cover it securely before I return to practice.  

If I come in contact with the blood of another, I will immediately stop training, leave the mat, and wash the exposed area with soap and water before returning to the mat. Any blood on the mat should be cleaned up immediately with disinfectant, before others have contact with it. I will check with others in the immediate vicinity to locate the source of the blood, and then follow the above procedures for clean-up.

For and in consideration of the Dojo permitting me to participate in or observe this Camp, class or other Aikido Activities, and whether or not under the supervision or instruction of the Dojo, Aikido Kids of Tamalpais, 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), I, and on behalf of my Child, heirs, executors and administrators, herby voluntarily, knowingly and expressly: (1) forever assume any and all risks, whether known or unknown, with respect to Infectious or Contagious Diseases;(2) forever release, discharge, waive and relinquish any and all claims, actions or causes of action against the Dojo, Aikido Kids of Tamalpais, Affiliates and co-participants for personal injury, property damage or wrongful death, arising out of, in connection with, with respect to or concerning any Infectious or Contagious Disease; and (3) forever indemnify and hold harmless the Dojo, Aikido Kids of Tamalpais, Affiliates and co-participants form 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 Infectious or Contagious Disease. If any term or provision of the Waiver Agreement re Infectious or Contagious Diseases 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.

Publicity Release:
I, the undersigned, and for and on behalf of my Child, hereby authorize Aikido Kids of Tamalpais, Gypsy Aikido Camp and Samurai Summer Camp, its or their Affiliates, successors and assigns, to record my or my child’s picture and/or voice, via photographs, films, tapes, and any other media now known or hereafter developed, and to use my or my Child’s name and biographical information in connection therewith, without further compensation or permission, in connection with such program (the “Program”). I further authorize Aikido Kids of Tamalpais and Samurai Summer Camp and/or its agents to edit any recordings of my or my Child’s likeness and/or voice at its discretion in connection with the Program, and to incorporate these recordings into web-based programs, CD-ROMs, print publications, electronic publications, software, movie and sound films or tapes, broadcasts (radio and television programs, or otherwise, and to use and license others to use such web-based programs, CD-ROMs, publications, recordings, software, movie and sound films and tapes and broadcast programs in any manner of media whatsoever, now known or hereafter developed, including unrestricted use for purposes of publicity, advertising and sales promotion, and to use my or my Child’s name, likeness, voice, and biographic or other information in connection therewith. I understand that the Dojo, Aikido Kids of Tamalpais and Samurai Summer Camp exclusively own all rights to these recordings irrespective of the form in which they are produced or used.

 I further agree to indemnify and hold harmless the Dojo, Aikido Kids of Tamalpais and Samurai Summer Camps, its Affiliates, licensees, agents, successors and assigns from any and all claims and liability for damages, losses, or expenses of any sort (including reasonable attorney’s fees and costs) arising from the making of such recordings and their use, including, without limitation, claims with respect to my right to privacy or publicity. I have read and understood the contents hereof, and have the right and authority to execute this release and indemnification on behalf of myself and my Child.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS WAIVER AGREEMENT RE INFECTIOUS DISEASES AND HAVE BEEN FULLY AND COMPLETELY ADVISED OF ALL THE POTENTIAL DANGERS AND RISKS OF INFECTIOUS OR CONTAGIOUS DISEASES, AND ARE FULLY AWARE OF THE LEGAL CONSEQUENCES OF ENTERING INTO THIS WAIVER AGREEMENT RE INFECTIOUS OR CONTAGIOUS DISEASES, AND FOREVER ASSUME ALL RISKS, AND WAIVE, RELEASE, HOLD HARMLESS, AND INDEMNIFY THE DOJO, ITS AFFILIATES AND CO-PARTICIPANTS FROM ANY AND ALL CLAIMS AS SET FORTH ABOVE.

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, ON BEHALF OF MYSELF AND MY CHILD, TO BE CHALLENGED BEYOND MY OR THEIR (THEN) CURRENT ABILITY, ARE FULLY AWARE OF THE LEGAL CONSEQUENCES OF ENTERING INTO THIS WAIVER, RELEASE AND INDEMNITY AGREEMENT, AND, ON BEHALF OF MYSELF AND MY CHILD, 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. I, AND FOR AND ON BEHALF OF MY CHILD, FURTHER EXPRESSLY AGREE THAT THE FOREGOING RELEASE, WAIVER, AND INDEMNITY AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF CALIFORNIA.