Waiver
PARTICIPANT AGREEMENT - WAIVER OF LIABILITY AND RELEASE
In exchange for good and valuable consideration, the undersigned hereafter referred to as “MEMBER” is entering into a contractual relationship with Honu Sumo to learn sumo wrestling, a martial art. In exchange for the lessons, the MEMBER agrees to pay the fee of $20.00, to the use of their name and likeness for promotional materials and to all of the waivers and terms outlined below.
Waiver and Release of Liability
The MEMBER fully understands and agrees that training in, and practicing in martial arts, sumo wrestling, grappling, physical exercise, and any other activities that MEMBER chooses to engage in at Honu Sumo may cause great bodily injury or death. MEMBER’S participation in these activities is completely voluntary. MEMBER assumes all responsibility and liability for their actions and agrees to waive any and all claims or rights to sue Honu Sumo, its employees, agents, owners, students, other members or guests for any injuries they incur at Honu Sumo facilities. Member also holds Honu Sumo harmless for any damage or injury that MEMBER may incur or cause by the use of techniques learned at the academy for self-defense outside of the academy. MEMBER also agrees and attests that they are in good physical condition and have no known contagious diseases, ailments, viruses or impairments that would make training detrimental to their or anyone else’s health, safety or well-being.
If MEMBER discovers that they have contracted anything contagious or dangerous to their or someone else's well being; It is the MEMBERS duty to cease participation until the condition is better. MEMBER also waives any and all rights to sue or hold Honu Sumo, its employees, agents, owners, students, other members or guests liable for contracting any viruses, dermatological conditions or diseases including but not limited to COVID -19 during their participation at Honu Sumo. Honu Sumo is not responsible for the loss or theft of any personal property.
It is MEMBER’s intention to, and hereby does, fully, finally and forever release any and all claims, known or unknown, existing as of the date of this Agreement, without regard to the subsequent discovery or existence of any facts MEMBER may learn concerning the program, the Company or this Agreement.
It is further the intent of MEMBER to waive any and all rights and benefits afforded by California Civil Code section 1542, which provides as follows:
Use of Name and Likeness for Advertising and Promotion
Honu Sumo regularly uses photographs or videos of classes and members for advertising and promotional materials to promote the company. MEMBER hereby gives Honu Sumo, their assignees, licensees, and legal representatives the irrevocable right to use their name or fictional name, video, picture, portrait, and/or photograph in all forms of media and in all manners, including composite or distorted representatives, for advertising, trade, or any other lawful purposes in perpetuity. MEMBER also agrees to waive the right to inspect or approve the finished version(s) including written copy that may be created in connection there in. MEMBER understands that they have no rights to any profits derived from any advertising using their name or likeness. MEMBER also attests that they are at least 18 years of age or accompanied by a guardian and have read this release, and are familiar with its contents.
Severability Clause
In the event that there are any clauses or paragraphs in this contract that are invalid or unenforceable as a matter of law or equity, It is deemed by all parties that the clauses are construed to be severable and the rest of the contract and the clauses in it are still enforceable.