NORTH CAROLINA RELEASE, WAIVER AND COVENANT
NOT TO SUE
ALAMANCE COUNTY
Read carefully before signing. This is a legal document and release of liability and waiver of certain rights.
1. I, Releasor, being of lawful age and being of good health and physical condition, desiring to participate in the following described activities being performed, supervised or instructed by CJJF North Carolina, LLC, a North Carolina limited liability company with a place of business located at 625 N. Park Avenue, Burlington, Alamance County, North Carolina (“Releasee”), in consideration of my being permitted to participate in inherently dangerous risk activities, including but not limited to martial arts classes, self-defense seminars, physical conditioning program, calisthenics, special physical training and skill programs which are defined as “inherently dangerous” and involve risk of injury to me and other participants which may result in physical injuries, including, but not limited to, dislocations, broken bones, torn or damaged muscles, injured ligaments, paralysis, bruises, concussions, and even potentially unintended death.
2. The undersigned, being of age, and in the event the undersigned named student is under age, but has the permission and consent of my parent or general guardian as set forth below, understand and I have been warned that participation in the activities conducted by the Releasee may cause, in whole or in part, the aforesaid injuries or possible adverse physical impairments which may result from my participation in the activities conducted by the Releasee including actions or inactions by other students or instructors, for the defined activities.
3. My participation in the programs, instruction, and the activities of CJJF North Carolina, LLC, as herein described is purely voluntary. No one from or associated with Releasee is forcing me to participate in the risky and dangerous activities and I elect to participate in spite of the risk warnings with full knowledge of the risks and dangers of injury to my person. I assume and accept any and all risks or injury, paralysis, or death.
4. I further release CJJF North Carolina, LLC, its members, managers, instructors, agents, employees and professional staff from any claim of mine whatsoever on account of their administering and having other persons to perform first aid, treatment or services rendered me during my participation in the designated activities conducted by Releasee.
5. The undersigned, as well as any other person or entity signing this Release, agrees that CJJF North Carolina, LLC, shall not, and cannot, be held responsible for any negligence or acts of other parties who may be participating in the designated activities, including, but not limited to any negligence in the placement of the student in a class or session with other particular students, including any tournaments or test sessions.
6. I understand and agree to be aware of my physical condition at each and every session or activity performed under the auspices of Releasee. I agree to promptly report to the appropriate instructor, employee, or other person in authority at the session and at the premises of the Releasee if I feel any pain, dizziness, lightheadedness, any cramp, sprain, or any other physical symptoms, and I agree to immediately report those symptoms to the instructor or employee of Releasee. Further I agree at all times to carefully follow the instructor’s directions, and to ask for additional instruction or directions or clarifications if I do not understand any particular activity or scenario as to the performance of the activity and I agree to immediately stop and not further participate in any activity which I believe I am not competent or confident enough to perform.
7. As part of the consideration of my participation in the designated hazardous activities, I agree not to sue any employee, chaperone, tournament advisor, or any other authorized person being involved in the hazardous risk activity or tournament for any and all claims that I may have arising from, or in connection with, any physical or property damage that I may suffer from any cause whatsoever other than the actual gross negligence of the foregoing individuals in authority or instructors. I release Releasee and such persons from, and agree not to sue such persons for, any physical or property damage that I may suffer resulting from acts of God, war, strikes, or government restrictions, terrorist activities, or the acts or omissions of any other agent(s) over which such persons have no direct control, including, but not limited to, the training facilities, bus transportation, van transportation, or any transportation engaged with my being involved in tournaments, participation in seminars, skill tests, or other physical activities involving the inherent risks herein described.
8. I agree to adhere and to follow all rules and regulations of CJJF North Carolina, LLC, and to follow directions of my instructor or any other authorized individual providing training, instruction, tournament management, and physical testing involving the inherent risk activities. I understand that my failure to follow instructions and rules of Releasee will be the basis and grounds for my dismissal from class including, in the discretion of the instructor, my dismissal from the program or activities being conducted at the time of my disobedience or neglect.
9. This Release and Covenant Not to Sue document contains the entire agreement between the Releasor and Releasee and the terms of this document are contractual and not a mere recital.
10. This Release shall be governed in all respects and performance hereunder shall be adjudged by the laws of the State of North Carolina.
11. Further, on behalf of my heirs, executors, administrators, and assigns, the undersigned does release and forever discharge CJJF North Carolina, LLC, its instructors, managers, members, employees or agents, their heirs, administrators, executors, successors and assigns, of and from any and every claim, demand, action or right of action, of whatever kind or nature, either in law or in equity, arising from or by reason of any bodily injury or permanent personal injuries, known or unknown, death, or property damage resulting or to result from any omission, negligence act (active or passive), accident or incident that may occur as a result of my participation in the aforesaid designated activities and programs conducted by Releasee and its employees, managers, members or agents, which are defined as “inherently dangerous”, and being risky activities in connection with said classes, sessions, seminars, etc., conducted by Releasee, whether by negligence or accident.
12. I have read and fully understand this Release and Covenant Not to Sue and agree to be bound thereby, and to comply therewith. By signing this Release and Covenant Not to Sue, I agree and acknowledge that I may be giving up important legal rights and remedies available to myself, my family, my heirs, successors and assigns.
Parental Agreement and Release
As a parent or natural guardian of the above mentioned minor, student participant, in the program conducted by CJJF North Carolina, LLC, I give permission to my child or ward to participate in the aforementioned activities and training and skill exercises provided by Releasee. I have read and understand the above Release and Covenant Not to Sue including the warnings relating to the inherent risk activities involved in the child’s participation in events and programs and in the course of instruction. On my behalf and on behalf of my child or ward, I agree to all terms contained in the Release and Covenant Not to Sue, and I specifically agree to release Releasee with respect to any and all claims that may arise from the participation of the above named minor child in the aforementioned inherent risk activities.
