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  1. Arhetton is offline
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    Posted On:
    9/02/2007 3:36am


     

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    Hell yeah! Hell no!

    Draft Waiver

    Waiver


    Many Martial artists wish to voluntarily train together to improve or test their skills against a variety of opponents, or alternatively prove their ability in a challenge match.


    Martial arts can be an enjoyable and exciting activity. However, like many recreational activities that require physical exertion, martial arts carries with it the risk of physical injury and even death.


    This waiver protects martial artists who voluntarily train together from legal action to be taken against them or those that they train with in the case of injury or death.


    Both martial artists that wish to train together are required to sign individual identical waivers, outlined below.


    As the provider of this waiver we, the organizer/s of this event (the undersigned) agree:
    1) that any other participants in the training or competition have also signed an identical waiver

    .................................................. ... .................................

    .................................................. ... .................................

    .................................................. ... .................................

    .................................................. ... .................................

    .................................................. ... .................................

    .................................................. ... .................................
    Signature Date


    (If you are under 18, your parent or guardian must sign)


    By participating in this training or competition organised by volunteers from Bullshido (www.bullshido.net) you agree:


    Article


    1) to comply with all directions given to you by any referees, promoters, officials, instructors, employees or agents (such as volunteers) of Bullshido;


    2) that you participate at your own risk;


    3) the agreement for services provided to you by Bullshido does not include any implied or express warranty that the services provided by volunteers will be rendered with due care and skill or that any materials provided by volunteers (such as equipment) in connection with the martial arts activities will be fit for the purpose for which they are supplied; and


    4) that Bullshido, the referees, promoters, officials, instructors, employees or agents (such as volunteers) of Bullshido and the other participants have no liability to you for personal injury or death arising from your participation in, or presence at, the competition, regardless of how the personal injury or death arose;


    5) that this document has been explained to you and you have been presented with the opportunity to ask any questions relating to the agreement;


    6) to comply with the set of rules and conditions outlined in this article: Rules and conditions;

    a) training (or competition) will consist of practicing individual techniques, drills or participating in sparring matches (such as wrestling or free sparring) and that some but not all matches will be refereed, by a person or person who may or may not be qualified to referee such a match;


    b) If your opponent verbally admits defeat, either by calling out ‘I give up’ or some other clear verbal phrase, you will not continue the match;


    c) If your opponent taps repetitively the floor or my own body that this is admission of defeat (a ‘tapout’) and you will not continue the match;


    d) If your opponent is suddenly incapacitated (such as by a knockout or fainting) that you will not continue the match;


    e) You agree that you will not use any of the following techniques during training (or competition);

    1. Butting with the head.
    2. Eye gouging of any kind.
    3. Biting.
    4. Hair pulling.
    5. Fish hooking.
    6. Groin attacks of any kind.
    7. Putting a finger into any orifice or into any cut or laceration on an opponent. (Gouging)
    8. Small joint manipulation (finger or toe locks).
    9. Spinal or neck manipulation (such as a spinal or neck crank or lock).
    10. Striking to the spine or the back of the head.
    11. Striking downward using the point of the elbow.
    12. Throat strikes of any kind, including, without limitation, grabbing the trachea.
    13. Clawing, pinching or twisting the flesh.
    14. Grabbing the clavicle.
    15. Kicking the head of a grounded opponent.
    16. Kneeing the head of a grounded opponent.
    17. Stomping a grounded opponent.
    18. Kicking to the kidney with the heel.
    19. Spiking an opponent to the canvas on his head or neck (such as a piledriver).
    20. Throwing an opponent out of the ring, matted or fenced area.
    21. Spitting at an opponent.
    22. Engaging in unsportsmanlike conduct that causes an injury to an opponent.
    23. Attacking an opponent on or during a break.
    24. Attacking an opponent who is under the care of a referee.
    25. Attacking an opponent after the bell (horn) or some other verbal cue has sounded the end of a round.
    26. Flagrantly disregarding the instructions of the referee.
    27. Physical interference by the corner or another person.
    28. Using a Foreign object in the ring to your advantage (not including a uniform).



    7) Release and Indemnity;


    In consideration of my admission into training (or competition), to the extent permitted by law, I, and on behalf of my heirs, executors and administrators, release and indemnify and will release and keep indemnified Bullshido, all persons, corporations and bodies involved or otherwise engaged in promoting or organising the training (or competition), the servants, agents, representatives, officers, officials, referees, volunteers and other participants in the training (or competition) from all claims and liabilities of any nature (including any costs, whether or not the subject of a court order) howsoever arising (including by reason of negligence) resulting in any loss of life, injury, damage or loss of any description whatsoever that I suffer, caused by, connected with or incidental to my participation in, or presence at, the training (or competition).

    .................................................. ... .................................
    Signature Date

    (If you are under 18, your parent or guardian must sign)

    ***********************


    Most of the rules are straight of the UFC wiki, it would be easy enough to introduce other ones
    Thoughts? Opinions? Legal Advice?
    Last edited by Arhetton; 9/02/2007 3:53am at .
  2. TheBigSwede is offline

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    Posted On:
    9/02/2007 2:26pm


     Style: Judo + sports ju-jutsu

    --
    Hell yeah! Hell no!
    #22 is a tricky one. "Unsportsmanlike behavior" can be defined in a number of ways.

    And couldn't #5 be erased because of #7? I thought fish hooking means putting a finger in your opponent's mouth (hoc est an orifice), but hey, English is not my first language.
  3. WorldWarCheese is offline
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    Posted On:
    9/02/2007 2:47pm


     Style: Muay Thai n00b

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    Hell yeah! Hell no!
    Umm... what is this for? It's nice and all but is it for something specific or just a general "Bullshido Waiver for no reason" sort of thing?
  4. BSDaemon is offline
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    Posted On:
    9/02/2007 3:13pm

    supporting member
     Style: BJJ/MT

    --
    Hell yeah! Hell no!
    IANAL, but It does not explicitly indemnify the venue. It should specifically mention them and give the address they are located out. The school probably the most important entity to protect with a waiver like this, because they are usually the ones with the most to lose.

    I would probably omit the rules as well, because as it doesn't say what the penalty is for breaking the rules. It's not like bullshido is a sanctioning body, the rules have always been suggestions. Plus, accidents happen. I have personally worked a laceration from an unintentional head butt, but that didn't mean the guy who did it received written notice that he breeched his contract.

    Also, we don't want a list of rules like this because then "bullshidoka" will just say that we are hiding behind our rules.

    You can't list out all the other participants who have signed. That means instead of collecting N signatures you have to collect N^2 signatures. Plus when somebody new shows up to the TD you have to have everyone that is already there go back and sign his waiver. Not practical.

    This document shouldn't just provide legal indemnification, but a strong disclosure to warn them about what might possibly happen. Here is the waiver I use, I especially like the part where it says "INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES".

    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 International, 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.
  5. Arhetton is offline
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    Posted On:
    9/02/2007 10:46pm


     

    --
    Hell yeah! Hell no!
    Thanks alot BSdaemon :)

    I'm going to be training with some people outside of class and I was just thinking I wanted some sort of waiver so I posted up something I thought would be suitable. I framed it from the perspective of a throwdown because I thought that would be easy to discuss (and easy for me to adapt). I'm not trying to push a 'Bullshido' waiver just thought it would make easy discussion.

    I did a quick search yesterday for waivers on the site but there didn't seem to be any, I think it would be great if there were a few templates people could use.

    I know most clubs have a waiver.

    Quote Originally Posted by BSdaemon
    I would probably omit the rules as well, because as it doesn't say what the penalty is for breaking the rules. It's not like bullshido is a sanctioning body, the rules have always been suggestions. Plus, accidents happen...

    Also, we don't want a list of rules like this because then "bullshidoka" will just say that we are hiding behind our rules.
    Yeah, thats pretty true. My intention was that you were protected against being sued as long as you followed the rules. If you want to use eyegouges etc feel free too, but don't expect someone not to thoroughly prosecute you under the law lol.

    But I see your point.

    Anyway, cheers!

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