JMK MARTIAL ARTS & FITNESS, LLC
COMPREHENSIVE LIABILITY WAIVER, RELEASE OF CLAIMS & ASSUMPTION OF RISK AGREEMENT**
PLEASE READ CAREFULLY — THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS
I, the undersigned participant or parent/guardian of a participant, hereby voluntarily agree to the terms below as a condition of participation in activities and presence on the premises of JMK Martial Arts & Fitness, LLC (“JMK”).
1. ACKNOWLEDGMENT OF INHERENT RISKS
I understand that participation in martial arts training, fitness activities, tumbling, ninja obstacle participation, batting cage use, inflatable bounce houses, summer camps, birthday parties, private lessons, small-group training, open-gym play, online/digital instruction, private rentals, special events, and all related activities, whether supervised or unsupervised, involves inherent and significant risks of physical injury, illness, property damage, disability, or death that cannot be eliminated even with reasonable safety measures.
These risks include, but are not limited to:
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Physical contact, striking, grappling, falls, collisions, and vigorous activity
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Slips or falls on mats, turf, concrete, tile, grass, parking areas, sidewalks, steps, and exterior surfaces
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Use, misuse, or malfunction of obstacles, warped walls, inflatables, tumbling track, ropes, bars, punching bags, fitness equipment, and batting cages
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Injuries resulting from conditions of the premises, participant actions, or unsupervised activities
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Risks related to weather, outdoor surfaces, uneven ground, and entry/exit pathways
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Exposure to infectious or communicable diseases
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Participation in unsupervised or after-hours facility use
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Participation in online/digital training where conditions are outside JMK’s control
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Property damage or personal injury anywhere on JMK property, including the parking lot, outdoor areas, sidewalks, driveways, and common areas
I acknowledge that participation and presence on JMK property are voluntary and undertaken at my own risk.
2. CONSENT FOR MINORS
If signing on behalf of a minor, I certify that I am the parent or legal guardian, or have obtained permission from the parent/legal guardian, and I accept full responsibility for ensuring the minor follows all rules, expectations, and safety requirements.
3. UNSUPERVISED FACILITY USE & PRIVATE RENTALS
I acknowledge that JMK may allow private parties, rentals, camps, or open play sessions without staff physically present. In such situations, I understand and accept that:
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I am responsible for supervising all minors under my care
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All participants must complete this waiver before entering activity areas
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Lack of supervision does not reduce or eliminate inherent risks
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I assume all risks for activities conducted without direct staff oversight
4. RELEASE OF LIABILITY & INDEMNIFICATION
For myself and any minors under my care, I hereby voluntarily release, forever discharge, and agree to hold harmless the following “Released Parties”:
JMK Martial Arts & Fitness, LLC;
Charles Owens II;
all owners, officers, directors, instructors, assistant instructors, coaches, employees, independent contractors, volunteers, insurers, equipment suppliers, tenants, facility co-occupants, landlords, successors, and assigns.
I release the Released Parties from any and all liability, claims, demands, or causes of action arising from or related to any injury, illness, disability, death, or property damage that occurs inside the building, outside the building, in the parking lot, on sidewalks, on exterior surfaces, during ingress or egress, or at any location where JMK activities occur, including online participation, even if caused in whole or in part by the ordinary negligence of the Released Parties, to the fullest extent permitted by law.
This release does not apply to claims arising solely from gross negligence or intentional misconduct where prohibited by state law.
I also agree to indemnify, defend, and hold harmless the Released Parties from any claim brought by me, a minor under my care, or a third party arising out of my participation or presence on the premises.
5. PROPERTY, PERSONAL BELONGINGS & PARKING AREAS
I agree that JMK is not responsible for loss, theft, or damage to personal belongings, including items in vehicles, inside the facility, or on JMK property.
I acknowledge risk in parking lots and exterior areas, and assume responsibility for injuries or damage occurring in those areas.
6. MEDICAL AUTHORIZATION
I certify that I and/or the minor(s) under my care are physically capable of participation. I authorize JMK to provide or obtain emergency medical care as deemed necessary and agree to be responsible for all associated costs.
7. MEDIA RELEASE
I grant permission to JMK to capture, reproduce, and use photos, video, or other recordings of myself and/or minors under my care for promotional, advertising, instructional, or educational purposes, without compensation.
8. ONLINE & DIGITAL TRAINING
I understand that participation in online or digital training involves risks outside JMK’s control, including environmental hazards, lack of supervision, space limitations, and improper execution of movements, and I agree not to hold JMK liable for injuries sustained during such participation.
9. BIBLICAL & FAITH-BASED INSTRUCTION NOTICE
I acknowledge and understand that JMK Martial Arts & Fitness, LLC teaches from a biblically-based worldview and presents its programs from a Christian perspective, and that philosophical and faith-based elements may be included in instruction, discussion, printed or digital material, and class culture.
Participation is voluntary and I agree not to hold JMK liable for my personal beliefs, choices, or actions outside of JMK activities.
10. GOVERNING LAW, VENUE & SEVERABILITY
This agreement shall be governed by the laws of the State of Alabama. Any dispute shall be resolved exclusively in a court of competent jurisdiction in the county where JMK’s principal facility is located.
If any portion of this agreement is found invalid, the remaining sections shall remain enforceable to the fullest extent permitted by law.
11. ACKNOWLEDGEMENT & SIGNATURE
By signing below, I certify that I have read, understood, and voluntarily agree to this waiver, and that I am waiving substantial legal rights, including the right to sue the Released Parties for ordinary negligence.
I voluntarily assume full responsibility for participation, presence on the premises, and supervision of minors in my care, including risks associated with parking lots, sidewalks, and exterior areas.