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  1. GIJoe6186 is offline
    GIJoe6186's Avatar

    An American Hero!

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    Long Island,NY
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    1,974

    Posted On:
    1/03/2007 3:07am

    Business Class Supporting Membersupporting member
     TryKickboxingNow.com - Free Internet Marketing for Kickboxing Programs! Style: BJJ

    --
    Hell yeah! Hell no!
    Legality? WTF does that mean?

    Its illegal to rape your girlfreinds mom, that is unless she wants you to (she always does).

    I dont realy have much concept of ANY law except for the FIST LAW. Thats right I used to train in Kempo, wanna make something of it?
  2. Ke?poFist is offline
    Ke?poFist's Avatar

    Enforcer of Northeast Anti-Silliness Department Inc.

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    6,886

    Posted On:
    1/03/2007 3:13am

    supporting member
     Style: Kaju, BJJ, Judo, Kempo

    --
    Hell yeah! Hell no!
    Quote Originally Posted by GIJoe6186
    Legality? WTF does that mean?

    Its illegal to rape your girlfreinds mom, that is unless she wants you to (she always does).

    I dont realy have much concept of ANY law except for the FIST LAW. Thats right I used to train in Kempo, wanna make something of it?

    Tell me...how dirty do you feel for saying that?

    Quote Originally Posted by Steve
    And then they really like pizza.

    Right, KempoFist?
    Yes they do eat Pizza! but only after a hard days practice of fighting street thugs and befriending vigilante hockey players.
    Knowing is not enough, you must apply...
    ...Willing is not enough you must do
    ~Bruce Lee

  3. BSDaemon is offline
    BSDaemon's Avatar

    Being Sublime Daily

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    Boulder
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    Posted On:
    1/03/2007 3:36am

    supporting member
     Style: BJJ/MT

    --
    Hell yeah! Hell no!
    Here is waiver I used for my throwdowns.... A doc file is attached
    Release and Waiver of Liability and Indemnity Agreement
    Read Carefully Before Signing

    The undersigned acknowledges and fully understands that he/she will be engaging in activities that involve risk of serious injury, including permanent disability and death, and severe social and economic losses which might result not only from their own actions, inactions or negligence but the actions, inactions or negligence of others, 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 reasonably foreseeable at this time.

    I accept all the foregoing risks and accept personal responsibility for the damages following such injury, permanent disability or death.

    I HEREBY RELEASE, WAIVE,DISCHARGE AND COVENANT not to sue MARTIAL ARTS SCHOOL their respective administrators, directors, agents, coaches, and other employees of the organization, other participants, sponsoring agencies, sponsors, owners and leasers of premises used to conduct the event, all of which are hereinafter referred to as "releasees"... from any and all liability to the undersigned, his or her heirs and next of kin for any and all claims, demands, losses or damages on account of injury including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the releasee or otherwise,

    I/We HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.

    I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WTHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.


    Printed Name: _________________________________________


    Address: __________________________________________________ _________________


    Signature __________________________________ Date:__________

    Attached Files
  4. markcos262 is offline

    Registered Member

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    Posted On:
    1/03/2007 8:18am


     Style: bujinkan

    --
    Hell yeah! Hell no!
    May need a witness to co-sign the document an arguement could be made that it was signed under duress?
  5. ekgheiy is offline

    Registered Member

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    In The Jungle - Stalking Frogs
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    Posted On:
    1/03/2007 8:37am


     Style: Tapping

    --
    Hell yeah! Hell no!
    Quote Originally Posted by markcos262
    May need a witness to co-sign the document an arguement could be made that it was signed under duress?
    And a witness to the witness of the witness, just in case they're in cahoots. It can turn into a big con-spear-ahsee. :zalien::zalien::zalien::zalien: *teehehe*
  6. MadeOfOlives is offline

    Registered Member

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    290

    Posted On:
    1/03/2007 8:46am


     Style: BJJ

    --
    Hell yeah! Hell no!
    Quote Originally Posted by PRC4Eva
    When y'all do throwdowns, what exactly is the legal concept that prevents it from becoming "assault"? Is it simply that thing where participation in sparring (a full contact sport) implies waiving from the event organizers and participants liability for injuries incurred? Or is there more stuff involved?

    I've tried the search function. Didn't find anything.

    Thanks.
    You're looking for the doctrine of the assumption of risk.

    Also, many of the throwdowns are put on video, which would be quite helpful in determining whether a person was participating in sparring of their own free will. My guess is that a judge would be somewhat skeptical of an assault claim by someone who attended an event advertised on the internet as a "throwdown".
  7. MadeOfOlives is offline

    Registered Member

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    Posted On:
    1/03/2007 8:49am


     Style: BJJ

    --
    Hell yeah! Hell no!
    Also, a better thread title would probably be "exposure to liability for conduct during a throwdown" as I do not believe there is anything inherently illegal about amateur martial arts sparring.
  8. sdave is offline
    sdave's Avatar

    Banished to Fort Worth

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    Nov 2003
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    Houston, TX
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    Posted On:
    1/03/2007 8:57am

    supporting member
     Style: Muay Thai, BJJ

    --
    Hell yeah! Hell no!
    Quote Originally Posted by markcos262
    May need a witness to co-sign the document an arguement could be made that it was signed under duress?
    "Oh Noes!!!! I've been kidnapped and forced to compete in t3h und3rgr0und kum1t3!!!! Worse yet, they compelled me to sign a waiver!!!!"
    Dave

    Quote Originally Posted by jnp
    That is exactly what I meant sdave. You are dead on, as usual.
  9. OnceLost is offline
    OnceLost's Avatar

    Here's looking at you, squid.

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    North Florida
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    2,860

    Posted On:
    1/03/2007 9:36am

    Join us... or die
     Style: Ke?po, MMA ultra-newb

    --
    Hell yeah! Hell no!
    I dont realy have much concept of ANY law except for the FIST LAW. Thats right I used to train in Kempo, wanna make something of it?
    Does that make it legal to fist your girlfriend's mother if she signs a waiver?

    Maybe I'm idealistic, but if you're the type of person to show up at a throwdown, than you're probably not the type of person to sue the guy who breaks your jaw there. You family, on the other hand...but wrongful death suits are civil, not criminal.
  10. Ming Loyalist is offline
    Ming Loyalist's Avatar

    solves problems with violence

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    NYC
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    Posted On:
    1/03/2007 10:46am

    supporting member
     Style: Judo, Hung Family Boxing

    --
    Hell yeah! Hell no!
    i wouldn't underestimate the potential for trouble, and as a frequent throwdown organizer and participant, it has always been in the back of my mind that this may get me sued.

    and remember, everyone, waivers don't hold up in court usually, slick lawyers can always find ways around them (i still make people sign them anyway.)

    thinking that those who show up to these things would not sue, is a dangerous mindset to have, as people have very selective memories after the fact, especially when they have told the story to friends, etc. someone who got their ass kickd in a clean match may later claim it was due to dirty tricks, just to not lose face to their friends, etc. then the "fantasy version" becomes more and more prominent in their mind until they end up believing it themselves.

    this doesn't even begin to cover the potential for trouble if two people don't have the same idea about what "medium" or "hard" or "full contact" sparring actually is...

    i have already witnessed one such sparring match, where it was clear that one person was not ready for the level of agression and intensity that the other brought to the mat. to be honest i was bothered by it, and am glad that the guy who took the worst of it had a cool head and didn't get pissed off... but the potential was there for real damage, and in that case legal liabilty.

    just food for thought from a new yorker (yes the most litigious city in the world.)
    "Face punches are an essential character building part of a martial art. You don't truly love your children unless you allow them to get punched in the face." - chi-conspiricy
    "When I was a little boy, I had a sailor suit, but it didn't mean I was in the Navy." - Mtripp on the subject of a 5 year old karate black belt
    "Without actual qualifications to be a Zen teacher, your instructor is just another roundeye raping Asian culture for a buck." - Errant108
    "Seriously, who gives a **** what you or Errant think? You're Asian males, everyone just ignores you, unless you're in a krotty movie." - new2bjj
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