In consideration of $10 and other valuable consideration, including services and equipment provided by Anthony Ola, Catch Life Dojo LLC, and all associated partners and agents to me for participation in either Bujinkan martial arts classes, Nagare moving meditation, self-defense workshops or any other event/activity I (individually and as parent or guardian, if signing on behalf of a person under the age of 18 or under a legal disability) represent, covenant and agree, on behalf of myself and my heirs, assigns, and those who may claim by, under or through me, as follows.
I fully acknowledge, agree, and represent that I understand the nature of the training with Catch Life Dojo LLC, that I am in good health, and that I am in proper physical condition to participate in such training.
I fully understand and acknowledge that the activities I undertake in connection with these classes have (a) inherent risks, dangers and hazards, (b) social and economic losses either not known to me or not foreseeable at this time; (c) my participation in such activities may result in injury or illness including, but not limited to, bodily injury, bruises, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability, (d) these risks and dangers may be caused by the negligence of volunteers, contractors, employees; the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes.
Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, the trainer’s decision making, the acts or omissions of other participants in the class and such other risks, hazards and dangers that are integral to the activities that take place in training and physical skills atmosphere; and (e) by my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the participants, volunteers, owners, agents, officers, contractors, Anthony Ola, Catch Life Dojo LLC or employees, or by any other person.
I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Anthony Ola, Catch Life Dojo LLC, and their partners, sponsors, owners, agents, officers, contractors, and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of equipment or my participation in any and all activities of this class. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the volunteers, owners, agents, officers, or contractors related to Catch Life Dojo’s classes.
In the event of an injury, I give my permission to Catch Life Dojo LLC or its representatives to provide first aid, seek emergency medical treatment, and to admit me to any hospital or medical facility for diagnosis and treatment. I agree to be responsible for all medical expenses incurred as a result of any treatment received.
BINDING ARBITRATION. Any controversy or claim arising out of, or relating to this Contract, the Contract Documents, or claims against Anthony Ola, Catch Life Dojo LLC, and all associated partners and agents shall be resolved by binding arbitration. All arbitrations shall be conducted in DuPage County, Illinois before an arbitrator selected in accordance with, and shall be conducted pursuant to, the Arbitration Rules of the American Arbitration Association (www.adr.org) or any other alternative dispute resolution firm, at Catch Life Dojo LLC's sole and absolute discretion. The arbitrator shall have the authority to award only compensatory damages. Except where prohibited by law, the arbitrator shall have no authority to award punitive or exemplary damages, and in any event, the arbitrator shall make no ruling, finding or award that does not conform to the terms and conditions of the Contract Documents. Costs and fees of arbitration may be awarded to the prevailing party. 'Costs and fees' shall mean all reasonable expenses of arbitration including the arbitrator's fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, and witness fees, but shall not include either party's attorney's fees or costs. The arbitration award shall be in writing and shall specify the factual and legal basis for the award. In rendering the award, the arbitrator shall determine the rights and obligations of the parties in accordance to the substantive laws of Illinois without regard to its provisions regarding conflicts of law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof and the costs incurred in connection with any action to confirm the arbitration award shall be awarded by the court. Neither party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
WAIVER OF TRIAL BY JURY. IN THE EVENT FOR ANY REASON THAT ANY DISPUTE, CLAIM, DEMAND, ACTION OR CAUSE OF ACTION IS NOT RESOLVED BY ARBITRATION, OR IF THE ARBITRATION PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID, EACH PARTY TO THIS AGREEMENT HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING UNDER THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN THE PARTIES, AND THE VENUE FOR SUCH ACTION OR PROCEEDING SHALL BE IN THE CIRCUIT COURT OF DUPAGE COUNTY, ILLINOIS.
ILLINOIS LAW. This agreement shall be construed and interpreted under the laws of the State of Illinois.
SEVERABILITY. If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining provisions of this Agreement shall not be affected.
TERMINATION. Catch Life Dojo reserves the right to terminate services if you fail to abide by any of the conditions of entry or rules posted at the premises, terms and conditions, or we reasonably believe that you have engaged in conduct that infringes on your health, safety or wellbeing or that of any other members or staff, or to protect your health, safety or wellbeing or that of any other members or staff. In the event of a termination, and where appropriate, Catch Life Dojo may refund to you a portion of fees paid for the unexpired term.
This Agreement cannot be modified or interpreted except in writing by Catch Life Dojo LLC and no oral modification or interpretation will be considered to have any effect.