THIS AGREEMENT MUST BE SIGNED BY ALL MEMBERS WHO WISH TO PARTICIPATE IN ANY
SOUTHERN SOUL ACADEMY SANCTIONED EVENT.
In consideration of being allowed to participate in any way in the sanctioned events of Southern Soul Academy, LLC, I, the undersigned, personally for myself and/or the parent(s) and/or as legal guardian(s) of the minor participant, (collectively the “Participant” or “I”) agree and consent as follows:
ADVISORY OF RIGHTS AND RESPONSIBILITIES
1. Safety is not the sole responsibility of instructors and staff. Everyone in class is responsible for
their own safety and the safety of those around them.
2. All students have the right and responsibility to excuse themselves from any exercise they believe
will be harmful to them. All students must evaluate each situation in the context of their skill and current physical condition, and conduct each drill in a manner that is safe. If an instructor gives an instruction that is unsafe for the student, it is the student’s responsibility to inform the instructor that the activity may be unsafe. The instructor will routinely excuse the student from unsafe exercises and drills. The instructor may ask for an explanation, and the student is expected to provide one.
3. All students have the responsibility to train and conduct themselves in a manner that helps all
students and instructors remain safe. Students must give those who are training enough room to avoid interfering and avoid being accidentally struck by someone else practicing.
4. In the event of an injury, students have the right and responsibility to evaluate the extent of harm,
stopping what they are doing even if it includes a partner, and determining if it is safe to continue. Unless a student is certain that further practice will not create or worsen a problem, all students are encouraged to stop what they are doing and inform the instructor. In the event of a serious injury or the appearance of a serious injury, all students, instructors, staff and visitors notably parents, have the right to call a stop to a particular training exercise. If a student notes an unsafe training situation, which may include a student performing a skill incorrectly, a student not showing due regard for the safety of others, a defective piece of training equipment, a potentially dangerous obstacle or
condition on the floor, or anything else that may cause or lead to harm of the students, instructors, visitors or guests, then the student is expected to correct the situation if it is within his ability or to notify an instructor or staff member immediately. If something is simple to correct, such as removing an obstacle from the floor, the student should correct the situation. If the situation may require the authority of the instructor or staff, or if it is not a simple matter, then the instructor or staff member should be notified immediately.
ASSUMPTION OF RESPONSIBILITIES AND RISK
5. Martial Arts training is a potentially dangerous activity. Bumps, bruises, scrapes, scratches and
soreness are commonplace, and most students will encounter this sort of minor injury from time to time in their training. More serious injuries are possible, including sprains, strains, twists, cramps, and injuries of similar magnitude, and the student can be expected to encounter these injuries frequently. The possibility of more serious injuries exists, including broken bones, torn ligaments, though not all students encounter such serious injuries. There remains, despite safety precautions, the remote possibility of crippling or death, though this is certainly not expected in this martial arts class.
6. I understand the above statement of risk, and I understand the rights and responsibilities of
students. I assume responsibility for my own safety (or the safety of my child), understanding and accepting the risks involved with martial arts training. Even if the instructor has informed me that no serious injuries have ever happened in this school or with any of the instructors, I understand that this does not mean that there is not possibility of harm. By assuming this risk, I completely absolve all instructors, staff, guests, students, landlords, management companies and any and all other parties of liability for my harm, unless intentionally caused in criminal conduct.
NOTICE AND CONSENT TO INSTRUCTORS
7. This school seeks to make use of highly trained professional instructors, with both expertise and
experience both in the art(s) that we teach and in teaching. Classes may be taught by the head instructor or any other qualified instructor. Should an instructor be unavailable for a given class, a junior instructor, senior student or guest instructor may teach. The choice of the instructor is left to the discretion of the school. I understand that I may not always have the instructor I desire, but I shall seek to learn from whoever is teaching, to show the respect due to the position of teacher to whomever is teaching, and to conduct myself in accordance with the etiquette established at
this school. I understand that I have the responsibility for my own safety without regard to who may be teaching the class I specifically consent to any instructor of the school, instructors or staff feel are sufficiently qualifies by standards they set to teach the class. I specifically understand and agree that the full force of this document applies no matter who is teaching.
NOTICE OF PHYSICAL CONTACT
8. Complete martial arts training involves a wide variety of skills. While practicing these skills,
students may have contact with any portion of the body. The groin may be the target of kicks, strikes or grabs. The chest, buttocks, groin or any part of the body may be contacted by any part of the training partner’s body during training with martial arts techniques, or incidentally contacted while performing a martial arts technique which targets another portion of the body. When male and female students train together, or when adult and minor students train together, and in any other training combination, the purpose and intent of the school, instructors and staff is to provide an environment for all students to learn and practice martial arts and self-defense. Students are expected to conduct themselves appropriately at all times to ensure the best training results for everyone. Should any student feel that a training partner is engaging in contact beyond the scope of training, or a training partner is taking undue and unacceptable advantage of training contact, or if a student is make uncomfortable by any training exercise or partner, then that student has the right to withdraw from the exercise or drill. If the contact of a training partner appears inappropriate, the student should inform the instructor privately. If the conduct of the training partner or any training
partner appears criminal, then the instructor should be informed and the authorities may be notified either by the student or the instructor, or both.
CONSENT TO PHYSICAL CONTACT
9. I understand the nature of physical contact in martial arts training, and I understand that I have the
right to immediately withdraw from any exercise or drill in which the contact of any party seems beyond the scope of training and makes me uncomfortable. I agree to abide by the school etiquette in all manners pertaining to training, and I shall not in any way conduct myself inappropriately or take inappropriate advantage of the contact martial arts training allows.
INDEMNIFICATION BY PARENTS
10. Applicable only to parents enrolling a minor child. I agree not to bring any claim or suit against
the school, instructors, staff, guests, students, landlord, or any other parties on behalf of my child for any injury or harm sustained by any event short of a criminal act, and then only the criminal shall be the subject of such a suit. I further agree that I will not cause to be brought, nor encourage a claim or suit. I also agree not to cooperate in the bringing of such a suit or claim except insofar as I may be legally required to do so. Finally, I shall indemnify the school, instructors, staff, guests, students, and any and all additional defendants covered by this agreement for all judgments, costs, attorney fees and other expenses incurred as a result of a breach of this agreement.
ARBITRATION CLAUSE
11. Should any dispute arise between me, my child, or anyone acting on behalf of my child, regarding this school, then I specifically agree that the dispute shall be resolved in binding arbitration. Should a suit be filed in Court, I specifically authorize the Court to order the case to a binding arbitration.
SEVERABILITY
12. If any clause, sentence, phrase or statement is found unenforceable or invalid by any Court of
Law, the remainder of the document shall remain valid enforceable and the invalid clause, sentence, phrase or statement shall be struck from the document.
DURABILITY
13. This document is effective from the date signed with no expiration. Furthermore, the terms of this
document are retroactive to the beginning of training and visiting this school if this document was signed after that date.
AUTHORITY TO TREAT
14. I, give the instructors, staff and responsible adults the power to authorize medical or other
treatment of the student named subject to the limitations listed below, if any. If I am not the named student, I am the parent, guardian or responsible adult for the named student and I have legal right to grant this power. Treatment may be made without regard to whether I or any other parent, guardian or responsible person has been contacted or has consented to the specific treatment, provided it does not conflict with the limitations outlined below. This authority begins on the date signed and continues indefinitely. By granting my authorization, I assume responsibilities for all
decisions made, provided they are reasonable decisions under the circumstances based on the knowledge and understanding of the person making the decisions, and I trust their judgment and offer the benefit of the doubt to them in any claim or legal proceeding. This presumption may only be overcome by clear and convincing evidence that they acted with malice or willful gross negligence, and if so they may still be liable. I understand that the instructors, senior students, or others may have some skills in first aid, CPR, and at their discretion, I authorize them to use those skills and techniques to assist in any circumstance in which they judge their skills would be necessary or
helpful.
Applicable Law and Venue.
15. This Agreement shall be governed by the law of the State of Florida. Regardless of where this
Agreement may be prepared and/or finally executed in any legal proceeding regarding the enforcement of this Agreement venue shall lie in the Santa Rosa County, Florida.
Attorneys’ Fees.
16. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to
recover all costs incurred, including but not limited to reasonable attorneys’ fees, with or without the institution of a lawsuit, at all trial and appellate levels and post-judgment proceedings. This paragraph shall survive the termination of this Agreement.
Waiver of Jury Trial.
17. In any dispute concerning the enforcement or interpretation of this Agreement, or of any issue
arising out of this Agreement, or the relationship created by this Agreement, or any action or proceeding between or among the parties hereto or their successors, each party hereby irrevocably waives its right ot trial by jury and agrees to trial by judge or arbitrator alone.
Authority to Bind and Guaranty by Signers.
18. The Participant hereby certifies by the signature that the signor has the full authority to bind the
Participant to this Agreement without further action. Further, the person(s) signing personally and individually agree payment of and to guarantee the payment of all fees and costs incurred under this Agreement. This paragraph shall survive the termination of this Agreement.
Benefits.
19. This Agreement shall be binding upon the parties hereto as well as to their respective legal
representatives, successors, heirs and assigns.
Entire Agreement.
20. This Agreement contains the entire understanding of the parties and is intended as a final
expression of their Agreement and a complete statement of the terms thereof, and shall not be modified except by an instrument in writing signed by the parties hereto. No waiver by either party of any default shall be deemed a waiver of any subsequent default. No representations, understandings or Agreements have been made or relied upon in the making of this Agreement other than those specifically set forth herein.
Survivorship of Provisions.
21. If any provision herein shall be deemed void, invalid or unenforceable for any reason by any court of competent jurisdiction, then only that provision shall be stricken and the remainder of this Agreement shall remain in full force and effect and shall be valid and binding upon the parties.
Responsibility for Preparation.
22. This Agreement shall not be construed more strongly against any party, regardless of who was
more responsible for its preparation.
Voluntary.
23. The undersigned has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
24. READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SOUTHERN SOUL ACADEMY, LLC, OR ITS OWNERS, AFFILIATES, EMPLOYEES, OR AGENTS, USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY
WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SOUTHERN SOUL
ACADEMY, LLC, OR ITS OWNERS, AFFILIATES, EMPLOYEES, OR AGENTS, IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, SOUTHERN SOUL ACADEMY, LLC, OR ITS OWNERS, AFFILIATES, EMPLOYEES, OR AGENTS, HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.