AGREEMENT AND RELEASE OF LIABILITY

1. In consideration of the instruction I will receive and for being allowed to participate in the activities of MODERN SELF-DEFENSE CENTER (“MSDC”) and to use its facilities and equipment, in addition to the payment of any fee or charge, I do hereby WAIVE, RELEASE, FOREVER DISCHARGE, and COVENANT NOT TO SUE MSDC, its owners or operators of the facility, agents, representatives, employees, contractors, affiliated and guest instructors, members, students, participants, associations or member organizations, or any subdivisions thereof, executors, and all others acting on their behalf, in addition to owners and lessees of the premises used to conduct the activities, all for the purposes herein referred to as “RELEASEES,” from any and all responsibilities or liability for any and all injuries or damages, and any claims or demands therefore on account of injury to person or property or resulting in death arising out of or resulting from my participation in any activities or my use of the facilities or equipment, whether caused by the past, present, or future NEGLIGENCE of the RELEASEES or otherwise. 

1. I further agree to INDEMNIFY AND SAVE AND HOLD HARMLESS the RELEASEES and each of them from any loss, liability, damage, or cost they may incur, by reason of liability imposed by law, including attorney’s fees, because of personal injury or property damage, or resulting in death, arising out of or related to the instruction I receive, my participation in activities, and/or from the use of the facilities and equipment, whether caused by the past, present, or future NEGLIGENCE of the RELEASEES of otherwise. 

1. I understand and I am aware that the instruction I will receive and the activities I will participate in involve strength, flexibility and aerobic exercise, physical contact by and between me and one or more of the RELEASEES, including, but not limited to, strikes, kicks and blocks, the use of equipment, including weapons, all activities which I understand can be potentially hazardous to myself and others.  I also understand that the activities involve a risk of injury to person and property, and even death, and that I am voluntarily participating in these activities and voluntarily using the facilities and equipment despite the dangers involved.  I also acknowledge that in lieu of signing this Agreement and Release of Liability I can decline becoming a student or affiliate at MSDC and/or decline to participate or receive instruction.  

1. I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in the aforesaid activities.  I also acknowledge that it has been advised that I undergo a physical examination and consultation with my physician as to my participation in the above physical activity.  I hereby acknowledge that I have either had a physical examination and been given my physician’s permission to participate, or that I have decided to participate in the activity without the approval of my physician and do hereby assume all responsibility for my participation in activities, and utilization of the facilities and equipment. 

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND HAVE AGREED TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.