Iron Kingz

Release of liability, waiver of claims, assumption of risk, covenant not to sue and hold harmless agreement.

What you are about to read and are requested to sign is a waiver and release of liability. Upon signing it, you will give up your right to sue Iron Kingz or anyone associated with Iron Kingz for injuries or losses you suffer while using Iron Kingz facilities or while participating in activities at Iron Kingz facilities, including but not limited to facilities at 851 Mapunapuna St, Unit D, Honolulu, Hawaii, 96819.

Please take your time and read this agreement very carefully. When you are certain that you understand the importance of each paragraph, sign your initials in the space provided. Sign the document only after you have read and understand everything. If you have any questions about the agreement, consult your attorney. Thank you for your attention to this matter.

YOU WILL NOT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES AT IRON KINGZ WITHOUT THE SIGNED WAIVER.

I UNDERSTAND THAT SIGNING THIS DOCUMENT WILL PREVENT ME, MY HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES, AND SIGNS FROM SUING IRON KINGZ, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR GUESTS FOR ANY INJURIES, INCLUDING DEATH AND PARALYSIS, OR DAMAGES THAT I MIGHT RECEIVE WHILE PARTICIPATING IN ANY ACTIVITIES WITH IRON KINGZ OR AT IRON KINGZ FACILITIES.

1. RISKS

I understand that there is significant risk of physical injury, death, and other damages inherent in martial arts and physical fitness training activities and in my use of Iron Kingz facilities and instruction relating to these activities. These risks and hazards can include, but are not limited to, injuries arising from falling and striking objects or other people; being struck by falling objects or people; failure of any part or all of martial arts instructors, flooring systems, building or training and fitness apparatus; defective worn, uneven separated or additional flooring or pads; hazards created by pads; injuries related to fitness training classes including Brazilian Jiu-Jitsu, Muay Thai, boxing, wrestling, and other martial arts; risk associated with walking on streets and sidewalks to access Iron Kingz facilities; strained or sprained muscles, joints and connective tissue; broken bones; personal injury including paralysis, death, illness, property damage, and other losses. I further understand some Iron Kingz facilities may be operational 24 hours a day, and that some of those operating times may be without staff supervision or observation of Iron Kingz facilities, and that I may encounter additional risks during that time. Injury or death can arise from errors in judgment, from lack of training or information, from the negligence of me, employees or agents of Iron Kingz or other parties, as well as the risks normally associated with athletic endeavors. There is no way to eliminate the risk of serious harm and prepare me for the dangers and risks of Martial Arts training.

Initial: 1.Risks *

Clear

2. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK OF INFECTIOUS DISEASE.

I understand and have familiarized myself with the dangers of COVID-19 and understand that participating in activities at these facilities may subject me to exposure to and infection by COVID-19 or other infectious diseases. I have read and agree to comply with all rules and recommendations of Iron Kingz facilities and applicable local, state, and federal health authorities with respect to COVID-19 or other infectious diseases. I acknowledge and understand that such rules may be inadequate to protect me from the risk of transmission of disease by or to others. I understand that state, federal, and local guidelines rapidly change, and that the rules and recommendations of Iron Kingz facilities therefore may not reflect the most recent health guidance. Notwithstanding the risks associated with COVID-19 or other infectious diseases, including without limitation the risk of illness or death, which I readily acknowledge, I hereby willingly choose to participate in activities at the facility, AND I ACKNOWLEDGE AND FULLY ASSUME THE RISK OF ILLNESS OR DEATH TO MYSELF OR OTHERS RELATED TO COVID-19 OR OTHER INFECTIOUS DISEASE ARISING FROM MY PRESENCE AT IRON KINGZ AND/OR PARTICIPATION IN ACTIVITIES AT IRON KINGZ.

Initial 2: ACKNOWLEDGEMENT AND ASSUMPTION OF RISK OF INFECTIOUS DISEASE. *

Clear

3. I ASSUME ALL RISKS

I CERTIFY THAT I UNDERSTAND MARTIAL ARTS TRAINING AND PHYSICAL FITNESS TRAINING ACTIVITIES EXPOSE ME TO A HIGH RISK OF INJURY OR ACCIDENT. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, INCLUDING BUT NOT LIMITED TO THOSE ENUMERATED IN THIS DOCUMENT, WHETHER KNOWN OR UNKNOWN, OF INJURY, ILLNESS, DEATH, OR DAMAGE OF WHATEVER KIND ARISING OUT OF MY USE OF IRON KINGZ FACILITIES OR EQUIPMENT, OR MY PARTICIPATION IN ANY ACTIVITY AT IRON KINGZ FACILITIES OR SPONSORED BY IRON KINGZ.

Initial 3: I ASSUME ALL RISKS *

Clear

4. I WAIVE AND RELEASE ALL CLAIMS.

I recognize that Iron Kingz could not offer this activity without obtaining a release of liability. In consideration of, and part payment for the right to use Iron Kingz facilities, I RELEASE IRON KINGZ AND ANYONE ASSOCIATED WITH IRON KINGZ, INCLUDING WITHOUT LIMITATION ITS OWNERS, OFFICERS, DIRECTORS, STAFF, INSTRUCTORS, MEMBERS, AGENTS, GUESTS, AND THIRD PARTIES, FROM ALL LIABILITY, AND KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVE ALL CLAIMS, DEMANDS, OR CAUSES OF ACTIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF NEGLIGENCE, WHICH MAY ARISE AS A RESULT OF MY PARTICIPATION IN AN IRON KINGZ-SPONSORED ACTIVITY OR FROM USE OF IRON KINGZ FACILITIES OR EQUIPMENT.

Initial 4: I WAIVE AND RELEASE ALL CLAIMS. *

Clear

5. I WILL INDEMNIFY IRON KINGZ.

In consideration of, and in part payment for the right to use Iron Kingz facilities, I agree to defend, protect, INDEMNIFY, and hold harmless Iron Kingz, its owners, officers, directors, members, instructors, employees, agents, and guests from and against any and all claims, suits, actions at law or in equity, for damages or other relief, and against any liability of any nature, together with attorneys’ fees and costs incurred, that may arise out of my use of Iron Kingz property or facilities, INCLUDING BUT NOT LIMITED TO INJURIES ARISING FROM MY VIOLATION OF IRON KINGZ RULES. I agree to pay the reasonable attorneys’ fees and all other costs of all parties if I bring a suit for injuries suffered at Iron Kingz and that action is unsuccessful, in whole or in part. Additionally, in consideration of, and part payment for my right to participate in an Iron Kingz-sponsored activity, I EXPRESSLY AGREE NOT TO SUE IRON KINGZ, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, INSTRUCTORS, EMPLOYEES, AGENTS, AND GUESTS AND HEREBY WAIVE ALL CLAIMS AND LIABILITIES AGAINST IRON KINGZ AND THOSE PARTIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE ARISING FROM MY (OR THE MINOR’S) PARTICIPATION IN MARTIAL ARTS ACTIVITIES OR USE OF IRON KINGZ FACILITIES OR EQUIPMENT.

Initial 5: I WILL INDEMNIFY IRON KINGZ. *

Clear

6. I AGREE TO ABIDE BY ALL IRON KINGZ RULES

I agree to abide by all Iron Kingz rules and codes of conduct, including without limitation those contained in written or electronic and video form as well as verbal directions that may be given by Iron Kingz staff or employees. I MAY NOT USE IRON KINGZ FACILITIES IF I AM UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS.

Initial 6: I AGREE TO ABIDE BY ALL BMAA RULES *

Clear

7. I am physically qualified to participate

I certify that I have no physical limitations or medical conditions that would impair my ability to fully and safely use Iron Kingz facilities. I agree to inform Iron Kingz of any conditions that may have any effect on my ability to fully and safely use Iron Kingz facilities, so that a determination can be made as to the proper course of action.

Initial 7: I am physically qualified to participate *

Clear

8. Other provisions.

a) This agreement constitutes the complete and sole agreement between you and Iron Kingz, its owners, officers, directors, instructors, employees, agents, members, and guests, and all others associated with Iron Kingz. Accepting the 24-hour access Agreement and Rules Acknowledgement, evidence of any other agreements, whether oral or in writing, are void and inadmissible and unenforceable in a court of law, arbitration, or other dispute resolution proceeding.

b) INDIVIDUAL OFFICERS, DIRECTORS, IRON KINGZ MEMBERS, INSTRUCTORS, EMPLOYEES, AND AGENTS HAVE NO AUTHORITY OR POWER TO ALTER THE TERMS OF THIS AGREEMENT, EITHER ORALLY OR IN WRITING. This agreement covers my use of Iron Kingz facilities as well as my participation in all Iron Kingz activities and associated events.

c) THE LAWS OF THE STATE OF HAWAII GOVERN THIS AGREEMENT. VENUE FOR ANY ACTION SHALL BE HONOLULU COUNTY, HAWAII.

I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY RELEASED PARTY RELATED TO OR ARISING FROM MY PARTICIPATION IN MARTIAL ARTS ACTIVITIES OR USE OF IRON KINGZ FACILITIES OR EQUIPMENT.

Initial 8: Other provisions *

Clear

9. Severability

If any provision of this agreement or its application to any person or circumstance is held invalid or void, the reminder or the agreement or its application to other persons or circumstances is not affected.

Initial 9: Severability

Clear

I AM FULLY AWARE OF THE CONTENTS OF THIS AGREEMENT AND RELEASE, AND HAVE READ AND UNDERSTAND ALL OF THE TERMS. THE TERMS OF THIS AGREEMENT BIND ME, MY FAMILY (INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS), HEIRS, EXECUTORS, ADMINISTRATORS, DEPENDENTS, BENEFICIARIES, AND ASSIGNS. I recognize that if I have any questions regarding my waiver of rights, I should consult an attorney.

Please select who will be using the facility. Even if your are not training, you still must have a complete waiver.

Participation *

This agreement is just for YOU

Participant Info

Participants First Name *

Participants Last Name *

Participants Date of birth *

Participants Signature *

Clear

Address

Address *

City *

State *

ZIP/Postal Code *

Contact Info

Email *

Phone *

Emergency Contact

Emergency Contact's Name *

Emergency Contact's Phone Number *

Electronic Signature Consent

Guardian Full Name

Guardian Signature

Clear

Electronic Signature Consent *

By checking here, you are consenting to use your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such a copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.