I, The Undersigned , sign this waiver and release as consideration of being permitted to participate in the activities of the Toledo Historical Swordsmanship Society (THSS) as a guest, member, instructor, guest instructor, spectator, or in any other capacity/title to participate in the practice of Historical European Martial Arts and other assorted martial disciplines (hereinafter referred to as HEMA). While all participants are expected to help foster a safe and enjoyable learning environment, I acknowledge that there are significant risks associated with a participation in HEMA
With this executed Waiver and Release I hereby forever release, waive, discharge, hold harmless, and indemnify THSS, its officers, organizers, founders, or governing members (hereinafter Releasees) from any and all liability for injury, death, negligence, property loss or damage suffered by me as a result of my participation in the program, or my use of THSS equipment, including travel to and from events or practices, or in any way associated with my participation in all program activities. This Waiver and Release covers liability whether injury, loss, or damage is caused in whole or in part by my fault, negligence or omission; the fault, negligence or omission of the Releasees; and the fault, negligence or omission of any other third party acting on behalf of THSS.
I recognize and fully understand that HEMA is a contact sport involving contact sparring, contact drills, grappling, and wrestling which carry the risk of physical harm. I acknowledge that the possible physical harm I am exposed to in HEMA can include, but is not limited to: Scrapes, Muscle Strains, Bruises, Cuts/Lacerations, Broken Bones, Joint/Orthopedic Damage, Head Trauma, Concussions, Traumatic Brain Injury, Teeth/Dental Damage, Physical Disfigurement, Internal Bleeding, Organ Damage, Blindness, Paralysis, or Death. I additionally recognize that HEMA is sport which requires physical exertion that may cause me medical distress if I am suffering from a medical condition. By signing this release, I declare that I do not suffer from any medical condition that would be aggravated by my participation in HEMA, and this participation does not contradict the advice of a treating physician/medical professional.
I also recognize that THSS, its officers, organizers, founders, or governing members make no warranty about the safety, suitability, or fitness of the facilities used by THSS to conduct practices, matches, exhibitions, or any other events and that injury could be caused by environmental concerns. As such, I do not hold THSS liable for an injury resulting from facility or environmental concerns.
I acknowledge and understand that THSS makes no warranty/guarantee as to the competency of any observer, guest, member, competitor, instructor, guest instructor, spectator if any such person should cause me injury as a result of my participation in THSS activities of any kind. I recognize that such injury could additionally be caused by: defective or broken equipment, unsupervised/inadequate instruction or sparring, disparity of force (height, weight, speed, strength, disability, skill level, numerical superiority etc.), or maturity level.
I agree that this Waiver and Release shall be governed in accordance with the substantive and procedural laws of the State of Ohio waiving all conflicts of law. All disputes arising hereunder shall be brought in the Courts of Lucas County, Ohio and the United States District Court for the Northern District of Ohio. I voluntarily and intentionally consent to the jurisdiction of such courts, agree to waive any and all legal right to argue that either the District Court for the Northern District of Ohio or Courts of Lucas County, Ohio are a forum non-conveniens or that either is an improper venue for enforcement of this Waiver and Release. I further agree to accept service of process by mail, and waive any jurisdictional or venue defenses available to me under Ohio or Federal Rules of Civil Procedure. In the event one or more of the provisions contained herein shall be invalid, illegal or unenforceable in any respect, by an above referenced court, the validity, legality, and enforceability of the remaining provisions contained herein shall not be affected.
I further intend that this waiver and release apply, in its entirety, to my heirs, administrators, executors, assigns, agents, and insurers against all debts, claims, demands, damages, actions and complaints of whatever nature, whether known or unknown, against THSS, arising out of my participation with THSS. I fully assume the inherent risks associated with HEMA and other associated disciplines and assert that I am voluntarily participating in such activities.
I certify that I am 18 years of age or older; am legally competent and capable of executing this document on my behalf myself (or that I am the Legal Guardian or Parent of a minor child and am legally competent and capable); and understand that by signing below, I have read this release of liability, fully understand it, and freely and voluntarily sign the same.