TOKON MARTIAL ARTS, LLC
[DBA AGAPE YOGA & FITNESS]
1920 Terracina Dr #200, Sacramento, CA 95834
(916) 835-7717
GENERAL RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY — THIS IS A LEGAL DOCUMENT
This Agreement must be signed by all participants, or by a parent or legal guardian if the participant is a minor.
1. VOLUNTARY PARTICIPATION
I understand that participation in any program, class, event, activity, or service offered, organized, hosted, sponsored, or facilitated by Tokon Martial Arts, LLC, DBA Agape Yoga & Fitness (“Company”) is voluntary. Activities include, but are not limited to martial arts instruction, sparring (including point sparring), yoga, fitness training, conditioning, tournaments, camps, seminars, workshops, demonstrations, testing, social events, virtual classes, and travel-related activities (“Activities”), whether conducted on-site, off-site, virtually, or during travel, and whether conducted on a single day or multiple days.
2. ASSUMPTION OF RISK
I understand and expressly acknowledge that participation in the Activities involves inherent and foreseeable risks, including but not limited to:
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Physical contact with other participants
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Falls, collisions, and impacts
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Cuts, bruises, sprains, strains, and muscle injuries
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Broken bones and joint injuries
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Concussion or head injury
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Permanent disability, paralysis, or death
I understand that injuries may occur even when all safety rules, instruction, supervision, and protective equipment are used.
I knowingly, voluntarily, and expressly assume all risks, whether known or unknown, foreseeable or unforeseeable, arising from participation in the Activities.
3. RELEASE AND WAIVER OF LIABILITY
To the fullest extent permitted by California law, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Tokon Martial Arts, LLC, DBA Agape Yoga & Fitness, together with all of its past, present, and future owners, members, managers, officers, directors, trustees, administrators, instructors, coaches, employees, volunteers, agents, representatives, contractors, referees, judges, officials, insurers, affiliates, successors, and assigns, as well as host facilities, venue owners, landlords, lessors, municipalities, and event partners (collectively, the “Released Parties”), from any and all claims, demands, causes of action, damages, losses, or liabilities arising out of or related to participation in the Activities.
This release includes claims arising from the ordinary negligence of the Released Parties, but does not apply to gross negligence, willful misconduct, or conduct prohibited by law.
4. INDEMNIFICATION AND DEFENSE
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney’s fees) arising out of or related to my participation, or the participation of the minor named below, including claims brought by third parties.
5. MINOR PARTICIPANT AGREEMENT
If the participant is a minor, I certify that I am the parent or legal guardian of the minor. I sign this Agreement in both my individual capacity and on behalf of the minor.
I understand that California law may limit a parent’s ability to waive a minor’s future claims; nevertheless, I expressly agree to assume all risks, indemnify, and hold harmless the Released Parties from any claims brought by or on behalf of the minor arising from participation in the Activities.
6. MEDICAL AUTHORIZATION
I certify that the participant is physically and medically able to participate. In the event of injury or medical emergency, I authorize the Company to obtain emergency medical treatment deemed reasonably necessary. I understand that I am financially responsible for any medical care provided.
7. SUPERVISION AND PARTICIPANT RESPONSIBILITY
I understand that the Company does not provide constant or one-on-one supervision. Participation requires personal responsibility appropriate to the participant’s age, maturity, and ability. I agree to follow all rules and instructions and to discontinue participation if I perceive any activity to be unsafe.
8. COMMUNICABLE DISEASE ACKNOWLEDGMENT
I understand that participation in group activities involves the risk of exposure to communicable diseases, including but not limited to COVID-19. I voluntarily assume this risk and agree not to participate if experiencing symptoms of illness or advised not to participate.
9. TRANSPORTATION
This Agreement applies to Activities occurring before, during, or after scheduled programs, including travel to and from Activities by private or third-party transportation.
10. PHOTO AND MEDIA RELEASE
I grant the Company the irrevocable right to photograph, record, and use my or my child’s likeness, image, voice, and appearance for promotional, educational, or informational purposes in any media, without compensation.
11. DATA USE CONSENT
I understand that the Company may collect and use personal information for administrative, billing, operational, and legal purposes and may share such information with service providers as necessary. All data will be handled in accordance with applicable privacy laws.
12. UNKNOWN CLAIMS — CALIFORNIA CIVIL CODE §1542
I expressly waive any rights under California Civil Code §1542, which states:
“A general release does not extend to claims that the releasing party does not know or suspect to exist…”
I understand that this release applies to all claims, whether known or unknown.
13. CONTINUING EFFECT
This Agreement shall remain in effect for all current and future participation unless revoked in writing by the Company.
14. ELECTRONIC SIGNATURE
This Agreement may be executed electronically, and an electronic signature shall have the same force and effect as an original signature.
15. GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California, with venue exclusively in Sacramento County, California.
16. SEVERABILITY & ENTIRE AGREEMENT
If any provision is held unenforceable, the remaining provisions shall remain in full force. This Agreement constitutes the entire agreement between the parties.
ACKNOWLEDGMENT
I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.