This Release applies to, and shall be binding upon, Apex
Martial Arts Center LLC, the International Kickboxing Federation (IKF), Johnny
Davis Enterprises dba AK Promotions, the Venue and its owners, and all
associated officers, directors, employees, agents, contractors, volunteers,
vendors, sponsors, and sanctioning bodies involved in any capacity with the
planning, execution, or participation in the event (collectively, the “Releasees”).
- Scope of Release
The Participant, on behalf of themselves and their heirs,
legal representatives, assigns, and successors (collectively, the “Releasor
Parties”), knowingly and voluntarily releases, waives, discharges, and
agrees to hold harmless the Releasees from any and all claims, demands,
actions, causes of action, liabilities, damages, costs, or losses—whether known
or unknown, foreseen or unforeseen—arising from participation in the event.
This includes, without limitation, claims resulting from training, competition,
instruction, equipment or facility use, or travel to and from the event,
regardless of whether such claims arise from the Releasees’ ordinary
negligence, acts, omissions, or otherwise.
- Waiver and Covenant Not to Sue
The Releasor expressly waives any and all rights to bring a
lawsuit, demand arbitration, or pursue other legal action against the Releasees
based on injuries or damages arising out of the event. This includes claims for
bodily injury, emotional distress, property damage, wrongful death, pain and
suffering, or any other type of loss, whether direct or indirect.
- Application of State Law
In consideration of being permitted to participate in this
event and related activities, the Participant agrees that this Release shall be
governed exclusively by the laws of the State in which the event is held.
All disputes, claims, or controversies arising out of or relating to this
Release, the Participant’s application, or participation in the event shall be
resolved solely under that State’s laws, without regard to conflict-of-law
principles, including those of the Participant’s residence. Any legal
proceedings shall be brought exclusively in the courts of original
jurisdiction within the State where the event occurs. The Participant waives
any right to object to such venue or assert that it is inconvenient and
knowingly consents to personal jurisdiction of those courts.
- Assumption of Risk.
I hereby acknowledge and
fully understand that participation in semi-contact fighting is inherently
dangerous and involves substantial risk of serious bodily injury, permanent
disability, or death. I am further aware that the specific techniques and
methods employed in this competition are extremely hazardous, and that the
nature of this event may include repetitive head trauma which, over time, may
contribute to long-term neurological conditions, including but not limited to
chronic traumatic encephalopathy (CTE).
With full knowledge and appreciation of these risks, I voluntarily and of my
own free will submit my application to compete in this event. I knowingly and
expressly assume all risks associated with participation, including but not
limited to physical injury, psychological trauma, or death. By doing so, I
hereby accept full and sole responsibility for any and all injuries or losses
sustained as a result of my participation.
I affirm and verify my understanding and acceptance of these risks by placing
my initials below.
- Health Advisory and Condition
The Participant acknowledges that martial arts competitions
involve strenuous physical exertion and contact that carry significant risk of
injury or harm. The Participant affirms that they have either consulted a
licensed physician or voluntarily waived such consultation, and that, to the
best of their knowledge, they have the proper skill and are in proper physical
condition, health, and fitness to participate in this inherently hazardous
activity.
- Knowing and Voluntary Execution
By executing this Release, the Participant affirms that they
have thoroughly read and fully understand its contents. They acknowledge that
this is a binding legal document, enforceable under applicable law, and
that they have had the opportunity to consult independent legal counsel. The
Participant further affirms that they are at least eighteen (18) years of
age and possess the legal authority to enter into this agreement. If under
the age of eighteen, a legal guardian must execute the Release on their behalf.
The entities and individuals described in the preceding paragraph shall hereinafter be collectively referred to as the “Releasees.” This Release shall apply to any and all claims for damages, bodily injury, personal injury, property damage, emotional distress, pain and suffering, loss of consortium, punitive damages, wrongful death, or any other loss or harm, whether known or unknown, foreseen or unforeseen, suspected or unsuspected, and whether arising directly or indirectly from the acts, omissions, negligence, recklessness, misconduct, misfeasance, or nonfeasance of the Releasees or any of them.
The Releasor acknowledges and agrees that this Release is intended to be interpreted and enforced to the fullest extent permitted by applicable law, and that by executing this Release, the Releasor knowingly and voluntarily waives all rights to bring any action or claim against the Releasees as described herein.