Liability Waiver

Martial Arts Participation Waiver for all Classes and all related activities.

For Adults (18 years or older) and parents/guardians on behalf of their minor children/dependent.

In consideration of the services of American Charitable Tamil Society Inc, and any related dba, and it's representatives, I, on behalf of myself and jointly and severally, on behalf of minor child(ren), if any is/are participants and on behalf of our respective heirs, personal representatives, spouse, next of kin, successors, and assigns (hereinafter collectively "we"), hereby understand, acknowledge, and voluntarily agree with American Charitable Tamil Society Inc, its officers, directors, volunteers, employees, agents, contractors, representatives, insurers, and/or landlords, and each of their successors and assigns, including any and all related company names doing business as (dba's) (herein after collectively the "AMCHATS") as follows:

• MARTIAL ARTS, SILAMBAM, ADIMURAI, VARMAKALARI, VARMAM, KALARI, GYMNASTICS, SELF DEFENSE, WORKSHOPS, PHYSICAL FITNESS TRAINING, GRAPPLING, LIFE SKILL GAMES, EXERCISES, WEAPONS TRAINING, KICKING, PUNCHING, AND USE OF THE SILAMBAM STICKS AND OTHER EQUIPMENT ENTAILS SIGNIFICANT RISKS, BOTH KNOWN AND UNKNOWN, WHICH COULD RESULT IN PHYSICAL OR EMOTIONAL INJURY, PARALYSIS, DEATH, OR DAMAGE TO US, TO PROPERTY AND/OR TO THIRD-PARTIES. SUCH RISKS INCLUDE, AMONG OTHERS, (a) FALLS, (b) FALLING ONTO OTHERS PRESENT, (c) THROWS, (d) KICKS, (e) PUNCHES, (f) HITS, (g) OTHER OBJECTS SUCH AS PADS, WEAPONS, ROPES, HARDWARE, (h) IMPROPER USE OR DEFECT OR FAILURE OF EQUIPMENT, WEAPONS, OBJECTS USED IN AND AROUND AMCHATS OR AT HOME, (i) IMPROPER OR INSUFFICIENT TRAINING, SUPERVISION AND/OR INSTRUCTION, (j) CUTS, ABRASIONS, TWISTED OR BROKEN BODY PARTS, MUSCLE, LIGAMENT AND/OR TENDON TEARS OR STRAINS, JOINT AND/OR SPINAL INJURY, SPRAINED NECK, ROTATOR CUFF INJURIES, HEAD INJURIES, STRAINING MUSCLES FROM OVER-STRETCHING, CONTACT WITH ANOTHER PARTICIPANT, (k) INJURY OR LOSS SUSTAINED BY ANOTHER PARTICIPANT DURING LESSONS, PRACTICE SESSIONS, PERFORMANCES, SHOWS, EXHIBITIONS, HOME PRACTICE, OR ANY OTHER ACTIVITIES OR LOCATIONS WHICH PARTICIPANTS USE METHODS OF ANY RELATED SELF-DEFENSE, PHYSICAL FITNESS, OR MARTIAL ARTS TAUGHT BY AMCHATS, and (l) NEGLIGENCE OF OTHER PARTICIPANTS, THIRD-PARTIES AND/OR THE AMCHATS. MARTIAL ARTS AND RELATED ACTIVITIES INVOLVES BOTH INHERENT AND EXTRINSIC, AND BOTH NATURAL AND ARTIFICIAL RISKS. These are not all of the risks associated with our participation in the activities, and the above list in no way limits the scope of this Agreement.

• Our participation is entirely voluntary and with a full understanding that all such usage involves all manner of hazards and dangers. We choose to participate in spite of the risks. WE ACCEPT AND ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, WHETHER CAUSED OR ALLEGED TO BE CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OR OMISSIONS OF THE AMCHATS.

• We have a responsibility to ourselves and other users/participants of the AMCHATS, to conduct ourselves in a safe manner. If we are unsure about how to safely engage in any activities at any time, we will ask AMCHATS teacher/assistant/coordinator for further instruction BEFORE participating.

• We are in good health and have no condition that would affect out safe participation in the activities, or else we assume and agree to bear the costs of all risks that may be created, directly or indirectly, by such condition.

• We will not use the AMCHATS while under the influence of drugs or alcohol or while in any other condition that might impair us.

• We have adequate insurance to cover any injury or damage we may cause or suffer while participating in the activities, or else we agree to bear the costs of such injury or damage.

• We use and accept items received from the AMCHATS "AS IS" with no warranty, and participate in activities and use the equipment at OUR OWN RISK.

• WE HEREBY VOLUNTARILY AND KNOWINGLY FOREVER WAIVE, RELEASE, AND DISCHARGE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, THE AMCHATS FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, OR CAUSES OF ACTION WHATSOEVER FOR ANY HARM, LOSS, DAMAGE, PROPERTY DAMAGE, PERSONAL INJURIES OR DEATH ALLEGED TO BE CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE (but not intentional conduct) IN CONNECTION WITH OUR PRESENCE, PARTICIPATION IN THE ACTIVITIES AND/OR USE OF THE AMCHATS FACILITIES OR EQUIPMENT.

• WE UNDERSTAND THAT BY SIGNING THIS AGREEMENT, IF WE OR ANYONE ELSE IS HURT OR PROPERTY IS DAMAGED, AMONG OTHER THINGS, WE SHALL HAVE (a) NO CLAIMS WHATSOEVER AGAINST, (b) NO RIGHT TO SUE, AND (c) AND NO RIGHT TO RECOVER ANY DAMAGES OR OTHER COMPENSATION FROM THE AMCHATS, AND /OR ITS PARTICIPANTS.

• We give the AMCHATS permission to use our likenesses (photo or video) for promotional purposes, without compensation. If any term or provision hereof is invalid, illegal or unenforceable, it shall be stricken only to the minimal extent necessary, and the remaining shall remain unimpaired. No provision can be waived or changed in any way (notwithstanding any purported oral statement or change on this Agreement) except expressly in writing personally assigned by an officer of the AMCHATS. All terms and paragraphs apply even if not initialed/checked. This Agreement is governed by the laws of the State of Connecticut. This Agreement is irrevocable and has no expiration date.

• We agree to read and abide by any and all rules and regulations posted in the AMCHATS, including the following rules:

  • Everyone is responsible for their own safety.

  • The head instructor or teacher or aasaan/AMCHATS reserves the right to expel any participant from the AMCHATS.

  • If you have any questions or concerns, ask an AMCHATS volunteer, coordinator before participating.

• By signing up as a participant of any online, virtual, or remote classes offered by AMCHATS and associated instructors on any platform, and by using/following the videos accessed therein, I agree to the same liability terms that cover the physical location as stated elsewhere in this document. I understand that trainers and instructors cannot offer immediate feedback to my movements, and that an increased risk of injury can present itself when I are working out without direct supervision. Neither AMCHATS nor any of the instructors who lead classes online/virtually/remotely are liable for any injuries, immediate or long term.

• Agreement to this Liability Waiver will act as your continued agreement to all ensuing sessions, workshops and/or seminars whether in person, via Skype, Zoom or any other video conferencing tool.

I HAVE HAD A FULL OPPORTUNITY TO READ AND HAVE READ THIS ENTIRE AGREEMENT AND RULES, UNDERSTAND THEM AND AGREE, JOINTLY AND SEVERALLY, ON BEHALF OF MYSELF AND MY MINOR CHILD(REN), IF ANY ARE PARTICIPANTS TO BE BOUND BY THEIR TERMS. I REPRESENT AND AGREE THAT ANY MINOR CHILDREN I REGISTER AS PARTICIPANTS ARE, IN FACT, MY OWN MINOR CHILDREN OR CHILDREN OVER WHICH I HAVE BEEN APPOINTED AS LEGAL GUARDIAN BY A COURT AND, IF NOT, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE AMCHATS FROM ANY/ALL CLAIMS, LOSS, DAMAGE, ATTORNEYS FEES AND/OR COSTS RELATED TO SUCH MINOR CHILDS PARTICIPATION.