Participant Agreement, Release & Assumption of Risk
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK.
Because participation in certain classes may be dangerous, EMA requires all participants to assume all risk. In consideration of the services of EMA, their owners, agents, officers, contractors, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, and discharge EMA, on behalf of myself, my parents, my spouse, my children, my heirs, assigns, personal representatives and estate as follows:
I acknowledge that my participation in various disciplines entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to me, to property, or to third parties. I understand that such risks cannot be completely eliminated. The risks include, among other things: bites, slips and falls; falling from equipment; pinches, scrapes, twists and jolts that could result in puncture, scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; strains, cuts, bruises, muscle soreness, musculoskeletal injuries including head, neck, and back; injuries to internal organs, the negligence of other people; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with any activities.
In case of any emergency, I consent and hereby give my permission granting EMA the authority to obtain medical assistance and treatment as they deem necessary. I give my express permission and consent for medical treatment to be administered should illness or injury occur while in attendance at or while participating in any activity associated with EMA and to do so WITHOUT HAVING TO WAIT UNTIL I AM CONTACTED. I understand that neither EMA, its owners, officers, agents, contractors, employees or volunteers shall be responsible for any medical expenses incurred on behalf of the participant, and that I am responsible for all payments of medical expenses so incurred. I agree to reimburse EMA for any cost it may incur to provide medical assistance and treatment. Furthermore, EMA contractors and employees have difficult jobs to perform. They seek safety, but they are not infallible. They may be unaware of a participant’s fitness or abilities. They may misjudge the environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless EMA from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of EMA’s equipment or facilities, including any such claims which allege negligent acts or omissions of EMA. Should EMA or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. I certify that I have adequate INSURANCE to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of any and all claims, actions, demands or rights to monetary judgments whatsoever arising from any and all injury or physical harm which may arise from the rendering of such judgments, including specifically those that may arise out of, or be occasioned by, tis officers, agents, employees, contractors or volunteers involved in the rendering of such judgments. By checking the box below, I Hereby Release, Waive, Discharge and Covenant not to sue EMA and any of their owners, agents, officers, contractors, employees, and all other persons or entities acting in any capacity on their behalf for all loss or damage and any claim or demands therefore, on account of injury to the person or property or resulting in death of the participant, whether caused by the negligence of EMA or otherwise while the participant is upon the premises of EMA and/or a participant in EMA classes.