WARNING: BY SIGNING THIS AGREEMENT, YOU GIVE UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

PLEASE READ CAREFULLY BEFORE SIGNING.

This Agreement is made between Stick Fighting Toronto - FMA ("The School"), located at c/o The Monkey Vault, 75 Carl Hall Road, Unit 15, North York, Ontario, M3K 2B9, its owners, directors, officers, instructors, agents, employees, volunteers, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as "The Released Parties"), and the undersigned Participant, or the undersigned Parent/Legal Guardian on behalf of the Participant (hereinafter collectively referred to as "The Participant").

1. ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS

The Participant acknowledges and understands that participating in martial arts training, including but not limited to Taboada Balintawak (single stick, double stick, and training knife), involves inherent risks, dangers, and hazards that may result in serious injury or death. These risks include, but are not limited to:

• Impact and Contact: Bruises, abrasions, lacerations, sprains, strains, fractures, dislocations, concussions, and other bodily injuries resulting from accidental contact with sticks, training knives, other participants, or the environment.

• Repetitive Strain Injuries (RSIs): Injuries to muscles, tendons, nerves, and ligaments due to repetitive movements common in martial arts training.

• Eye and Dental Injuries: While protective eyewear is recommended, eye injuries, vision loss, and dental damage can occur despite precautions. Mouthguards are also recommended.

• Falls: Injuries resulting from accidental falls, slips, or loss of balance during drills, movements, or demonstrations.

• Equipment Use: Injuries arising from the use of personal or school-provided equipment, including rattan sticks, training knives, and other protective gear.

• Environmental Risks: Risks associated with training in a gymnasium environment, including shared spaces, or outdoors in parks, including uneven terrain, weather conditions, or unexpected obstacles.

• Overexertion: Injuries resulting from physical exertion beyond one's capacity, leading to fatigue, muscle strain, or cardiovascular events.

The Participant understands that The School does not engage in contact sparring but acknowledges that accidental contact and injuries can still occur during drills and training exercises. The Participant freely accepts and voluntarily assumes all risks, dangers, and hazards inherent in participating in all activities offered by The School, whether in-person (at The Monkey Vault, rented facilities, parks, or demonstration locations) or via online/virtual training platforms. The Participant understands that participation in online/virtual training is solely at their own risk, and the School cannot control the participant's home environment or personal safety precautions.

2. WAIVER AND RELEASE OF LIABILITY

In consideration of being permitted to participate in the activities and services provided by The School, the Participant hereby irrevocably waives, releases, and discharges The Released Parties from any and all liability, claims, demands, actions, and causes of action whatsoever, whether in law or in equity, arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Participant or any property belonging to the Participant, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, while participating in any activities offered by The School, or while on The School's premises or any premises used by The School for its activities.

This release extends to all claims, foreseen or unforeseen, known or unknown, including those arising from The Released Parties' own negligence, gross negligence, breach of contract, or breach of any statutory or other duty of care, including any duties owed under the Occupiers' Liability Act, R.S.O. 1990, c. O.2.

3. INDEMNIFICATION

The Participant further agrees to indemnify, defend, and hold harmless The Released Parties from any and all losses, liabilities, damages, costs, or expenses (including legal fees) that The Released Parties may incur as a result of any claim, suit, or demand brought against them by anyone claiming to have been injured as a result of the Participant’s participation in activities, or caused by the Participant’s acts or omissions, whether caused by the negligence of The Released Parties or otherwise.

4. MEDICAL ACKNOWLEDGEMENT AND CONSENT

The Participant confirms that they are physically and medically fit to participate in Taboada Balintawak training and have not been advised otherwise by a medical professional. The Participant agrees to inform The School of any pre-existing medical conditions, allergies, or injuries that may affect their participation.

In the event of an injury or medical emergency, the Participant consents to receive basic first aid administered by The School's staff or, if deemed necessary by The School's staff, to have 911 called for emergency medical attention. The Participant understands that The Released Parties assume no responsibility for any medical expenses incurred. The Participant is responsible for their own medical insurance coverage.

5. COMMUNICABLE DISEASES

The Participant acknowledges the inherent risk of exposure to communicable diseases, including but not limited to influenza, common colds, and COVID-19, when participating in group activities. The Participant agrees to adhere to The School’s policies regarding health and safety, which may include, but are not limited to, recommendations for mask-wearing or refraining from attending in-person classes if experiencing symptoms of illness or having been exposed to a communicable disease, for the health and welfare of the community. The Participant voluntarily assumes all risks related to exposure to communicable diseases while participating in The School's activities.

6. PHOTO AND VIDEO RELEASE

The Participant hereby grants Stick Fighting Toronto - FMA and The Released Parties permission to capture photographs and/or video recordings of the Participant during training sessions, events, or demonstrations. The Participant further grants The School the irrevocable right to use, reproduce, publish, distribute, and display such photographs and/or video recordings, in whole or in part, in any and all media now known or hereafter devised, for promotional, marketing, and educational purposes related to The School's activities, without further compensation or notification to the Participant.

7. EQUIPMENT

The Participant acknowledges that they are responsible for providing their own training sticks (rattan) and other recommended safety equipment (e.g., eye protection, mouthguards, groin protection). The Participant confirms that any equipment they use is in good working order and suitable for the intended purpose. The School assumes no liability for injuries caused by faulty or inappropriate personal equipment.

8. SEVERABILITY

The Participant agrees that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force and effect.

9. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties agree to submit to the exclusive jurisdiction of the courts of Ontario.

10. ACKNOWLEDGEMENT OF UNDERSTANDING

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.

FOR ADULT PARTICIPANTS (18+):

Participant's Full Name (Printed): {name}

Date of Birth: {dob}

Participant's Address: {address}

Phone Number: {phone}

FOR MINOR PARTICIPANTS (UNDER 18) - MUST BE SIGNED BY PARENT/LEGAL GUARDIAN:

I am the Parent/Legal Guardian of the minor Participant named below. I have read and understood this Agreement and agree to its terms on behalf of the minor. I acknowledge that I am giving up important legal rights, including the right to sue, on behalf of the minor.

Minor Participant's Full Name: {name}

Date of Birth: {dob}

Parent/Legal Guardian's Full Name: 

Date:

Parent/Legal Guardian's Email:

Parent/Legal Guardian's Phone: