TERMS OF PARTICIPATION
I intend to be legally bound and do hereby agree to be legally bound for myself and for all successors in interest I may have, by this Contract, Waiver and Release of Liability, and hereby agree to hold harmless and indemnify Baer Swords, LLC, it’s guest lecturers, as well as any coordinators, officers, members, employees, assistants, volunteers, assigns, or agents of any type whatsoever acting on or in behalf of the aforementioned entities and persons against any claims for damages or other claims for injuries or losses of any kind suffered by me or any others directly or indirectly arising out of any participation, practice, instructions, or other activity related to this program of study.
I understand that this school (Baer Swords, LLC) reflects a study of weapon techniques, and grappling arts for the purposes of cultural heritage and recreation, that the instructors in no way advocate that I should seek confrontations, directly or indirectly, and that in the event of a hostile or life-threatening encounter, I should remove myself from the dangerous situation and if necessary use only the minimum force needed to neutralize the threat. I further understand that the instructors are merely teaching techniques of martial arts systems and are in no way advocating physical violence towards another person. I hereby agree to waive any liability for my actions including, but not limited to: injury to myself or others and/or any property damage(s) resulting from any attempts by me to perform any of the techniques discussed, demonstrated or taught during classes/events by Baer Swords, LLC, it’s guest lecturers, as well as any coordinators, officers, members, employees, assistants, volunteers, assigns, or agents of any type whatsoever acting on or in behalf of the aforementioned entities and persons, aforementioned agents.
I understand that the nature of these activities may require close and intimate physical contact with other participants and/or instructors. I understand that this physical contact is necessary and inherent in the context and education of the material. I understand that the scenarios and topics to be discussed are mature and sensitive issues. I acknowledge and understand that it is my right to decline participation in any event with which I feel uncomfortable or unsafe, that it is my right to vocalize my feelings concerning the training, and that at any time I may choose to immediately cease activity or involvement. I further understand that if I require counsel with one or more of the trainers or other personnel that they are open and approachable. I acknowledge that if I am uncomfortable with any situation or individual that I may immediately state so, and that it is my right to remove myself from the situation immediately and that I am encouraged to do so.
I understand that the some of the exercises and training methods to be taught involve the application of pain compliance and, if I choose to participate, will require me to submit to various types of physical restraint and exercise which may, in the course of demonstration and/or application cause me pain or injury. I understand that I may choose not to participate or stop my participation in any of these activities. I further understand that many of the exercises and training methods to be taught will require me to be in good physical condition. I certify that I am physically able to participate in these classes/activities and will further hold Baer Swords, LLC, it’s guest lecturers, as well as any coordinators, officers, members, employees, assistants, volunteers, assigns, or agents of any type whatsoever acting on or in behalf of the aforementioned entities and persons, harmless for any injury sustained in the course of this training due to any physical defect or condition that I may have, whether now known or hereinafter discovered.
I further acknowledge that in consideration for this training, this release shall not expire and shall be considered effective in perpetuity.
I also understand that the instructors will be teaching their respective classes in the safest possible atmosphere, however, as with any athletic activity, I am aware that participating in Baer Swords, LLC classes/activities can be dangerous, involving the risk of injury, including, but not limited to: bruises, cuts, partial or full paralysis, muscle tears, sprains and strains, broken bones, eye injury, head injuries, death, and/or other impairments to body or mind. I acknowledge that the risk and type(s) of injuries will vary with the activities in which I choose to participate.
Consequently, I agree
To accept any and all risks involved with the activities in which I choose to participate.
To obey the instructors, and their agents to help minimize the risk of injury to myself and others.
That failure on my part to abide by the rules of the individual instructors will jeopardize my eligibility to participate in the classes/activities/events, and that the class/activity/event coordinators reserve the right to remove me without reimbursement at their discretion if they feel that I am acting in an unsafe, or abusive manner.
I understand that Baer Swords, LLC, it’s guest lecturers, as well as any coordinators, officers, members, employees, assistants, volunteers, assigns, or agents of any type whatsoever acting on or in behalf of the aforementioned entities and persons, do not maintain accident medical insurance for any injuries resulting from this event, including any injuries sustained while en route to or from classes/activities/events. It is either my responsibility, or my parent companies’ responsibility to provide medical insurance or other financial means of paying for any and all activity-related injuries. I understand that any and all decisions are made in consideration of my personal safety and the safety of others, and that all decisions made by Baer Swords,LLC, it’s guest lecturers, as well as any coordinators, officers, members, employees, assistants, volunteers, assigns, or agents of any type whatsoever acting on or in behalf of the aforementioned entities and persons, are done so irrespective of race, creed, color, nationality, affiliation, gender, or sexual orientation.
For good and valuable consideration, receipt of which is hereby acknowledged, I authorize Baer Swords,LLC, and their respective parent companies, affiliates, subsidiaries, licensees, successors and assigns to make use of my appearance. I agree that you may tape and photograph me, and record my voice, conversation and sounds, including any performance of any musical compositions(s), during and in connection with my appearance and that you shall be the exclusive owner of the results and proceeds of such taping, photography and recording with the right, throughout the world, an unlimited number of times in perpetuity, to copyright, to use and to license others to use, in any manner, all or any portion thereof or of a reproduction. I further agree that you may use and license others to use my name, voice, likeness and any biographical material concerning me which I may provide, in any and all media and in the promotion, advertising, sale and publicizing of products in connection with Baer Swords,LLC or its affiliated services, throughout the world in all media, and unlimited number of times in perpetuity. I further represent that any statements made by me during my appearance are true, to the best of my knowledge, and that neither they nor my appearance will violate or infringe upon the rights of any third party. I hereby release Baer Swords, LLC and their respective parent companies, affiliates, subsidiaries, licensees, successors and assigns from all liability, claims and obligations to me of any and all nature whatsoever arising out of or in connection with the exercise of the rights granted herein, including, without limitation, from any liability for libel, defamation, personal injury, violation of my rights of privacy, publicity, copyright, trademark or any other personal and/or property rights (“Claims”) and agree that I will not now or in the future assert or maintain any Claims against Baer Swords, LLC and their respective parent companies, affiliates, subsidiaries, licensees, successors and assigns.
I hereby waive any right of inspection or approval of my appearance or the uses to which such appearance may be put. I acknowledge that you will rely on this permission potentially, at substantial cost to you and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.
Baer Swords, LLC cannot make any refunds.
Buffalo Celtic Days Specific Participation Terms Waiver and Release of Liability
In consideration of being allowed to participate in any way in the SW MO Celtic Heritage Festival & Highland Games events & activities, the undersigned:
Agree that prior to participating, they will inspect the facilities & equipment to be used, and if they believe anything is unsafe, they will immediately advise their coach or supervisor of such condition(s) and refuse to participate.
Acknowledge & fully understand that each participant will be engaging in activities that involve risk of serious injury, including permanent disability & death, and severe social & economic losses which might result not only from their own actions, inaction, or negligence of other, the rules of play or the condition of the premises or of any equipment used. Further, that there may be other risks not known to us or not reasonable foreseeable at this time
Assume all the foregoing risks and accept personal responsibility for the damages following such injury, permanent disability or death.
4. Release, waive, discharge & covenant not to sue SW MO Celtic Heritage Festival & Highland Games, its affiliated organizations, their respective administrators, directors, agents, coaches and other employees of the organization, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and leasers of the premises used to conduct the event, all of which are hereinafter referred to as “releases” from demands, losses or damages on account of injury, including death or damage of property, caused or alleged to be caused in whole or in part by the negligence of the release or otherwise.
The undersigned has read the above waiver and release, understanding that they have given up substantial rights by signing it, and sign it voluntarily.
I understand that checking the agreement box on the checkout screen constitutes my digital signature and holds the same weight as my written signature.