Please read this Waiver and Release of Liability carefully before participating in any classes, programs, events, or activities offered by OMAC Martial Arts - Richmond Hill.
Agreement & Acceptance
This Waiver and Release of Liability ("Waiver") constitutes a legally binding agreement between you ("you," "your," "Participant") and OMAC Martial Arts - Richmond Hill ("we," "us," "our," or the "Company"). By checking the box indicating your agreement to this Waiver when booking a class, trial session, or enrolling in any program, you acknowledge that you have read, understood, and voluntarily agree to be legally bound by all terms contained herein.
This Waiver applies to all classes, programs, events, camps, trial sessions, open mats, seminars, private lessons, and any other activities or services offered by OMAC Martial Arts - Richmond Hill (collectively, the "Activities"), whether conducted at our facility, at off-site locations, or virtually. This Waiver is effective as of October 1, 2026, and was last updated on October 1, 2026.
This Waiver is incorporated by reference into and supplements our Terms & Conditions and Privacy Policy. In the event of any conflict between this Waiver and the Terms & Conditions, the more protective provision in favor of OMAC Martial Arts - Richmond Hill shall control.
Assumption of Risk
MARTIAL ARTS, COMBAT SPORTS, FITNESS TRAINING, AND RELATED PHYSICAL ACTIVITIES ARE INHERENTLY DANGEROUS AND CARRY A SIGNIFICANT RISK OF SERIOUS BODILY INJURY, PERMANENT DISABILITY, DISFIGUREMENT, AND DEATH. By participating in any Activities offered by OMAC Martial Arts - Richmond Hill, you expressly and voluntarily assume all risks associated with such participation, whether known or unknown, foreseeable or unforeseeable, including but not limited to:
- Sprains, strains, fractures, dislocations, concussions, and other musculoskeletal injuries
- Bruises, cuts, abrasions, lacerations, and contusions
- Head, neck, spinal cord, and traumatic brain injuries
- Cardiovascular events, including heart attack and stroke
- Injuries resulting from strikes, kicks, throws, joint locks, chokes, submissions, takedowns, grappling, sparring, and other martial arts and combat sports techniques
- Injuries resulting from contact with other participants, instructors, equipment, mats, walls, or facility surfaces
- Aggravation of pre-existing medical conditions, injuries, or disabilities, whether known or unknown
- Exposure to and contraction of communicable diseases, bacterial and viral infections (including but not limited to ringworm, staph, MRSA, impetigo, herpes simplex, and COVID-19), and other illnesses
- Injuries caused by defective, worn, or malfunctioning equipment
- Injuries arising from inadequate supervision, instruction, or the negligence, recklessness, or intentional acts of other participants
- Emotional distress, psychological injury, and humiliation
- Permanent disability, paralysis, and death
You acknowledge that this list is not exhaustive and that other unknown or unanticipated risks may exist. You have had the opportunity to ask questions about the nature and demands of the Activities and to consult with medical professionals before participating. You voluntarily elect to participate despite the risks and dangers involved.
Waiver & Release of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE, RELEASE, DISCHARGE, AND COVENANT NOT TO SUE OMAC Martial Arts - Richmond Hill, its owners, officers, directors, managers, members, employees, instructors, coaches, trainers, volunteers, agents, affiliates, contractors, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, suits, damages, losses, liabilities, judgments, costs, and expenses (including reasonable attorneys' fees and court costs) of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, which you now have or may hereafter have, arising out of or in any way related to:
- Your participation in any Activities offered by OMAC Martial Arts - Richmond Hill
- Your presence at any facility, location, or premises used by OMAC Martial Arts - Richmond Hill
- Any injury, illness, disability, death, or property damage you may sustain
- The negligence, gross negligence, or willful misconduct of any of the Released Parties
- Defective, malfunctioning, or inadequate equipment or facilities
- Inadequate or improper supervision, instruction, or training
- The actions, inactions, negligence, or fault of other participants
- Any breach of contract, warranty, or duty of care
THIS RELEASE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAWS OF THE JURISDICTION IN WHICH OMAC Martial Arts - Richmond Hill OPERATES, AND IF ANY PORTION IS HELD INVALID, THE REMAINDER SHALL CONTINUE IN FULL LEGAL FORCE AND EFFECT.
Indemnification & Hold Harmless
You agree to indemnify, defend, and hold harmless each of the Released Parties from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:
- Your participation in any Activities
- Any injury or damage caused by your negligent, reckless, or intentional acts or omissions
- Any breach of this Waiver or the Terms & Conditions
- Any claim brought by you, on your behalf, or by any person or entity claiming through you, regardless of whether such claim arises from the negligence of the Released Parties
If, despite this Waiver and Release, you or anyone on your behalf initiates a claim, lawsuit, or legal proceeding against any of the Released Parties, you shall be liable for all costs and expenses incurred by the Released Parties in defending such claim, including reasonable attorneys' fees.
Medical Acknowledgment & Emergency Authorization
By agreeing to this Waiver, you represent and warrant that:
- You (or your minor child) are physically fit and in good health, with no medical condition, injury, disability, or impairment that would make participation inadvisable, or you have obtained written medical clearance from a licensed physician authorizing participation
- You have disclosed in writing all known medical conditions, allergies, injuries, medications, and physical or mental limitations to OMAC Martial Arts - Richmond Hill prior to participation
- You understand that OMAC Martial Arts - Richmond Hill and its instructors are not medical professionals and do not provide medical advice or diagnoses
- You will immediately stop participating and notify an instructor if you experience pain, discomfort, dizziness, shortness of breath, nausea, or any other symptom that may indicate a medical issue
- It is your sole responsibility to determine whether you are physically and mentally able to safely participate at all times
You hereby authorize OMAC Martial Arts - Richmond Hill and its staff to arrange for and consent to emergency medical treatment, first aid, and transportation to a medical facility on your behalf (or on behalf of your minor child) in the event of an injury or medical emergency. You agree to be fully financially responsible for all costs associated with such emergency treatment and transportation. OMAC Martial Arts - Richmond Hill is not obligated to provide medical care but may do so at its sole discretion.
Minors & Parental/Guardian Consent
If you are enrolling a minor (any person under the age of 18) in any Activity, you represent and warrant that you are the minor's parent or legal guardian with full legal authority to execute this Waiver on the minor's behalf. By agreeing to this Waiver, you:
- Accept and agree to all terms of this Waiver on behalf of the minor
- Assume all risks of the minor's participation as described herein
- Release and waive all claims on behalf of the minor to the same extent as set forth above
- Agree to indemnify and hold harmless the Released Parties from any claims brought by or on behalf of the minor, including claims arising after the minor reaches the age of majority
- Acknowledge that the minor is physically fit to participate and has disclosed all relevant medical information
- Photo, Video & Media Release
By agreeing to this Waiver, you grant OMAC Martial Arts - Richmond Hill and its authorized representatives an irrevocable, perpetual, worldwide, royalty-free, transferable, and sublicensable right and license to photograph, film, record, and otherwise capture your image, likeness, voice, name, and statements (and those of your minor child, if applicable) in any medium now known or hereafter developed, and to use, reproduce, modify, distribute, display, publish, and create derivative works of such materials for any lawful purpose, including marketing, advertising, promotional materials, social media, website content, and instructional materials, without compensation, notice, review, or approval.
You waive any right to inspect or approve the use of your image or likeness, any right to royalties or other compensation, and any claim based on right of publicity, right of privacy, defamation, or false light. If you do not wish to be photographed or recorded, you must notify OMAC Martial Arts - Richmond Hill in writing prior to participation.
Personal Property
OMAC Martial Arts - Richmond Hill is not responsible for the loss, theft, damage, or destruction of any personal property brought to our facility or any location where Activities are conducted, including but not limited to clothing, bags, electronics, jewelry, wallets, keys, and vehicles. You assume all risk of loss or damage to your personal belongings.
Governing Law & Dispute Resolution
This Waiver shall be governed by and construed in accordance with the laws of the province or state in which OMAC Martial Arts - Richmond Hill operates, without regard to conflict of law principles. Any dispute arising out of or relating to this Waiver shall be resolved in accordance with the dispute resolution provisions set forth in our Terms & Conditions, including the binding arbitration and class action waiver provisions contained therein.
To the extent permitted by applicable law, any claim or cause of action arising out of or related to this Waiver or your participation in any Activities must be filed within one (1) year after the claim or cause of action arose. Failure to file within this period shall constitute a permanent waiver and bar of such claim.
Severability
If any provision of this Waiver is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such invalidity shall not affect any other provision. The remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties to the greatest extent possible.
Acknowledgment
BY CHECKING THE BOX INDICATING YOUR AGREEMENT TO THIS WAIVER WHEN BOOKING, REGISTERING, OR ENROLLING, YOU ACKNOWLEDGE AND CONFIRM THAT:
- You have carefully read this Waiver and Release of Liability in its entirety and fully understand its contents
- You are aware that this Waiver releases OMAC Martial Arts - Richmond Hill and the Released Parties from liability and waives your legal rights, including your right to sue
- You are signing this Waiver freely, voluntarily, and without duress or coercion
- You intend this Waiver to be a complete and unconditional release of all liability to the greatest extent permitted by law
- You are at least 18 years of age and legally competent to agree to this Waiver, or you are the parent/legal guardian of a minor and are executing this Waiver on the minor's behalf with full legal authority
- You agree that this Waiver shall remain in full force and effect for the entire duration of your participation in any and all Activities offered by OMAC Martial Arts - Richmond Hill, including any future enrollments, renewals, or re-enrollments
- Contact Us
If you have any questions or concerns regarding this Waiver, please contact us:
- Business Name: OMAC Martial Arts - Richmond Hill
- Email: [email protected]
- Phone: 905-616-1408
- Address: 10775 Leslie Street, Richmond Hill, ON L4S 0B2