Waiver of Liability
In consideration of being allowed to participate and/or to have my child or children allowed to participate in Capoeira offered by Capoeira Brasil LLC, a New Zealand limited liability company (“CBNZ”), or permitted to be undertaken at CBNZ facilities (whether or not supervised by CBNZ.) (collectively, the “Programs”), and intending to be legally bound, the undersigned, for themselves, their heirs, children and personal representatives (collectively, a “Participant”), agree as follows:
1. The undersigned agree that, prior to participating, they each will inspect the facilities and equipment to be used and if they believe anything is unsafe, they will immediately advise their instructor of such condition(s) and refuse to participate.
2. The undersigned acknowledge(s), fully understand(s) and agree(s) that each Participant will be engaging in activities that inherently involve risk of serious injury, including permanent disability and death, and severe social and economic losses that might result not only from the inherent dangers of the activities and competition, but also from their own actions, inaction or negligence, as well as from the actions, reactions and negligence of others, including the Releasees (as defined below), as a result of the rules of play or participation, or the condition of the premises or of any equipment used.
3. The undersigned Participant hereby accepts all risks associated with his/her/their child’s participation in the Programs and release and forever discharge CBNZ, its owner, instructors sponsoring agencies, advertisers, volunteers and lessors of any premises’ where the Programs may be conducted (“Releasees”) from any and all responsibilities or liability from injuries or damages resulting from or connected with the Participant’s participation in the Programs, whether arising from the negligence of the Releasees, or otherwise. The undersigned agree that they voluntarily assume all risk of harm and loss and accept personal responsibility for all the damages flowing from any injury, permanent disability or death, for both themselves and their minor children participating in any of the Programs.
4. The undersigned acknowledge(s) and understand(s) that CBNZ and the other Releasees are not licensed dieticians or physicians and that any information or guidelines provided by CBNZ or the other Releasees carries no warranty of any kind, expressed or implied, including, but not limited to, warranties regarding safety or suitability for a particular purpose. The undersigned understand(s) that a physician’s approval is highly recommended prior to participating in any of the Programs.
5. The undersigned Participant(s) understand(s) the risks and benefits of the Programs and any questions that they may have had have been answered to their satisfaction. The undersigned Participant(s) hereby release(s), waive(s) and discharge(s) CBNZ and all other Releasees from (and covenant not to sue as a result of) any and all claims, demands, actions, judgments, loss, costs, expenses or damages stemming from any injury, including death or damage to property (collectively, a “Loss”), caused or alleged to be caused, in whole or in part, as a result of the undersigned’s participation in the Programs and whether as a result of the negligence, or otherwise, of the Participant(s) or the Releasees. Further, the undersigned Participant(s) agree to defend, hold harmless and indemnify all CBNZ and all other Releasees from any Loss arising out of or relating to the undersigned Participant(s) participation in the Programs and fully understand that even if their children or someone else on their children’s behalf were to make such a claim or sue Releasees that, in such event, it shall be the responsibility and obligation of the undersigned parent or legal guardian to defend, hold harmless and indemnify Releasees from any and all such Loss. The undersigned hereby acknowledge that they had a full opportunity to have an attorney of their choice review this document with them and to fully explain to them the full meaning of this waiver and release and that by signing this waiver and release they are representing that they fully understand it.
THE UNDERSIGNED HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT THEY HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT VOLUNTARILY AND INTENDING TO BE LEGALLY BOUND.