EMERALD HILLS KARATE LLC

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS AND THE LEGAL RIGHTS OF YOUR CHILD. BY AGREEING TO THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

This Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity Agreement (“Agreement”) is entered into by the undersigned participant, or, if the participant is a minor, by the parent or legal guardian of the minor participant (collectively, “Participant” or “I”), in favor of Emerald Hills Karate LLC, a Florida limited liability company (“Emerald Hills Karate”), and Young Israel of Hollywood-Ft Lauderdale (the “Host Facility”), which serves as the landlord and host of the premises where Activities are conducted and which is not a provider of martial arts instruction (collectively with their respective owners, officers, directors, members, managers, instructors, employees, agents, volunteers, representatives, successors, assigns, landlords, and affiliates, the “Released Parties”).

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF EMERALD HILLS KARATE LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM EMERALD HILLS KARATE LLC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND EMERALD HILLS KARATE LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

The statutory notice above is given pursuant to Florida Statutes § 744.301(3), which permits a natural guardian to waive and release, in advance, any claim or cause of action against a commercial activity provider for personal injury, including death, and property damage resulting from an inherent risk in the activity. For purposes of this Agreement, an “inherent risk” means any danger or condition, known or unknown, which is characteristic of, intrinsic to, or an integral part of the Activities and which is not eliminated even if Emerald Hills Karate acts with due care in a reasonably prudent manner, including but not limited to (i) the failure by Emerald Hills Karate to warn the natural guardian or minor child of an inherent risk; and (ii) the risk that the minor child or another participant (not including Emerald Hills Karate or its owners, affiliates, employees, or agents) in the Activities may act in a negligent or intentional manner and contribute to the injury or death of the minor child.

1. ACTIVITIES COVERED

This Agreement applies to all martial arts instruction, training, classes, practice, testing, private lessons, open mat sessions, and related activities offered or conducted by Emerald Hills Karate on the premises of the Host Facility or at any other location where Emerald Hills Karate regularly conducts classes (the “Activities”). The Activities include, without limitation: traditional karate instruction (including strikes, punches, kicks, blocks, kata, stances, and conditioning); controlled sparring and contact drills; grappling, throws, takedowns, and ground techniques; board breaking and other breaking techniques (including the use of wooden boards, bricks, or similar breaking materials); partner drills; self-defense training; and physical conditioning and warm-up exercises.

Separate Waivers for Certain Events. Tournaments, demonstrations, exhibitions, seminars, off-site events, field trips, and any travel associated with such events are not covered by this Agreement and will require a separate written waiver and, for minors, a separate parental permission slip to be executed prior to participation.

2. ASSUMPTION OF RISK

I understand and acknowledge that participation in karate and martial arts activities involves known and unanticipated risks that could result in bodily injury, permanent disability, paralysis, or death, as well as property damage, economic loss, and emotional harm, to myself, my child (if applicable), or third parties. I understand that these risks cannot be eliminated regardless of the care taken to avoid them.

The risks inherent in the Activities include, but are not limited to:

I expressly and voluntarily assume all such risks, both known and unknown, and accept full responsibility for any and all injuries, damages, or losses that may result from participation in the Activities, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by Florida law.

3. REPRESENTATIONS REGARDING HEALTH AND FITNESS; MEDICAL INFORMATION DISCLOSURE

I represent and warrant that I (and, if applicable, my minor child) am physically and mentally fit to participate in the Activities and have no medical condition, injury, illness, or disability that would prevent safe participation. I understand that it is my responsibility to consult with a physician prior to participation if I have any concerns about my (or my child’s) ability to safely participate. I agree to immediately inform the instructor of any medical condition, injury, or limitation that arises before or during participation.

I agree to disclose to Emerald Hills Karate at the time of enrollment, and to keep current and update as needed, the following information regarding the Participant: (a) known allergies (including food, medication, insect, and environmental allergies); (b) current medications; (c) known medical conditions, including but not limited to asthma, seizure disorders, diabetes, cardiac conditions, and prior concussions; (d) emergency contact name and telephone number; and (e) the name and telephone number of the Participant’s primary care physician or pediatrician. I authorize Emerald Hills Karate and its instructors to share this information with emergency medical personnel in the event of an emergency.

4. COMMUNICABLE DISEASE AND ILLNESS ACKNOWLEDGMENT

I acknowledge that participation in martial arts training involves close physical contact with other participants and shared use of training spaces and equipment, which inherently increases the risk of exposure to and transmission of communicable diseases, viruses, bacteria, and other illnesses, including but not limited to influenza, COVID-19 and its variants, respiratory syncytial virus (RSV), methicillin-resistant Staphylococcus aureus (MRSA), ringworm, conjunctivitis, and other contagious conditions.

I agree that I (and, if applicable, my minor child) will not attend or participate in any Activity while experiencing symptoms of illness, including but not limited to fever, cough, shortness of breath, sore throat, vomiting, diarrhea, rash, open or draining wounds, or any other symptoms of a communicable condition. I understand and agree that Emerald Hills Karate and its instructors reserve the right to screen participants for visible symptoms of illness and to deny participation to any individual who, in the sole judgment of the instructor, presents symptoms that may pose a risk to other participants. Such denial of participation shall not entitle the participant to any refund, credit, or compensation.

I further acknowledge that Emerald Hills Karate may, from time to time and at its sole discretion, implement health and safety protocols in response to public health conditions, including but not limited to temperature checks, health questionnaires, mask requirements, enhanced sanitation procedures, social distancing measures, or temporary modifications to training methods. I agree to comply with all such protocols as a condition of participation.

5. EQUIPMENT AND PROTECTIVE GEAR

I understand and agree that certain Activities may require the use of protective equipment, including but not limited to mouthguards, headgear, shin guards, hand and foot pads, groin protectors, chest protectors, and eye protection (collectively, “Protective Gear”). Unless otherwise specifically provided by Emerald Hills Karate, it is the sole responsibility of the participant (or, for minors, the parent or legal guardian) to obtain, provide, properly fit, and maintain all required Protective Gear.

If Emerald Hills Karate provides, lends, or makes available any shared equipment, training aids, or Protective Gear for use during the Activities, I acknowledge and assume all risks associated with the use of such shared equipment, including the risk of improper fit, equipment failure, wear and tear, sanitation, and the transmission of communicable conditions. I agree to inspect any equipment before use and to immediately notify an instructor of any equipment that appears damaged, defective, or unsanitary. I further agree that I (and, if applicable, my minor child) will use all equipment and Protective Gear in accordance with the instructions provided by Emerald Hills Karate and its instructors.

6. SUBSTANCE AND IMPAIRMENT POLICY

No participant shall attend, participate in, or be present at any Activity while under the influence of alcohol, illegal drugs, marijuana (regardless of legal status), prescription medications that impair coordination, balance, judgment, or reaction time, or any other intoxicating or impairing substance. Emerald Hills Karate instructors and staff reserve the right, in their sole and absolute discretion, to deny participation to or remove from the premises any individual who appears to be impaired, regardless of the source of the impairment. Such denial or removal shall not entitle the participant to any refund, credit, or compensation.

I represent and warrant that I (and, if applicable, my minor child) will not participate in any Activity while under the influence of any substance that could impair physical or mental abilities. If I (or my child) am taking any prescription medication that may affect coordination, balance, alertness, or reaction time, I agree to disclose this information to the instructor prior to participation and to obtain clearance from a licensed physician before engaging in the Activities.

7. RELEASE AND WAIVER OF CLAIMS (ADULT PARTICIPANTS AND CLAIMS ARISING FROM INHERENT RISKS)

In consideration of being permitted to participate (or to allow my minor child to participate) in the Activities, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties from any and all liability, claims, demands, actions, causes of action, damages, losses, costs, or expenses (including attorneys’ fees) of any kind, whether known or unknown, arising out of or relating to any injury, disability, death, property damage, or other loss sustained by me (as an adult participant) or by my minor child (to the extent such claim arises from an inherent risk of the Activities as described in the Statutory Notice above and permitted under Florida Statutes § 744.301(3)) in connection with participation in the Activities, INCLUDING, AS TO ADULT PARTICIPANTS, CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, to the fullest extent permitted by Florida law.

This release does not apply to, and nothing in this Agreement shall be construed to release, claims arising from the gross negligence, recklessness, or intentional misconduct of the Released Parties. As to claims by or on behalf of a minor, the release is limited to claims arising from inherent risks as permitted under Florida Statutes § 744.301(3); nothing in this Agreement purports to release a minor’s claim arising from the ordinary negligence of a commercial activity provider to any greater extent than Florida law permits.

8. INDEMNIFICATION (THIRD-PARTY CLAIMS)

I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims, demands, actions, causes of action, judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and court costs) asserted by any third party (meaning any person or entity other than me, the Participant, the Participant’s family members, heirs, estate, or other person claiming by, through, or on behalf of me or the Participant) arising out of or relating to my or my minor child’s participation in, presence at, or conduct during the Activities. This obligation includes, without limitation, claims by other participants or their family members for injury or damage caused by me or by my minor child.

This indemnification obligation does not apply to, and I shall have no obligation to indemnify the Released Parties for, any claim to the extent it arises from the gross negligence, recklessness, or intentional misconduct of the Released Parties.

Nothing in this Section 8 shall be construed as requiring me, as a natural guardian, to indemnify the Released Parties for claims asserted by or on behalf of my own minor child against the Released Parties, it being understood that the waiver of such claims is governed by Section 7 and the statutory notice provided pursuant to Florida Statutes § 744.301(3).

9. PARENTAL AUTHORIZATION FOR MINORS

If the participant is under eighteen (18) years of age, I represent that I am the parent or legal guardian of the minor participant and that I have the full legal authority to execute this Agreement on the minor’s behalf. I have explained the risks of the Activities to my child in terms my child can understand, and my child wishes to participate despite those risks. I acknowledge that I have read the Notice to the Minor Child’s Natural Guardian set forth above and understand that, by accepting this Agreement, I am waiving my child’s right and my right to recover from Emerald Hills Karate LLC for personal injury, including death, or property damage resulting from the inherent risks of the Activities, as permitted by Florida Statutes § 744.301(3). I enter into this Agreement on behalf of myself, my minor child, and all other family members, heirs, personal representatives, assigns, and next of kin, to the fullest extent permitted by law.

10. AUTHORIZATION FOR EMERGENCY MEDICAL TREATMENT

In the event of injury or medical emergency, I authorize the Released Parties and their instructors and staff to secure such medical treatment as may be reasonably necessary, including transportation to a medical facility, and to disclose to emergency medical personnel the medical information I have provided under Section 3. I agree to be financially responsible for any and all medical or transportation costs incurred on my behalf or on behalf of my minor child. I acknowledge that the Released Parties are not responsible for providing medical care and are not obligated to maintain medical insurance for participants.

11. INSURANCE DISCLAIMER

I understand and acknowledge that Emerald Hills Karate LLC does not provide health insurance, accident insurance, disability insurance, or medical insurance coverage of any kind for participants. I understand that any injuries sustained during the Activities will be my sole financial responsibility (or, for minors, the financial responsibility of the parent or legal guardian). I agree that it is my responsibility to maintain adequate health and accident insurance coverage for myself and/or my minor child sufficient to cover any injuries that may result from participation in the Activities. I agree that I will not rely on Emerald Hills Karate or any of the Released Parties to provide or pay for medical treatment, rehabilitation, or related expenses arising from participation in the Activities.

12. PHOTOGRAPH, VIDEO, AND SOCIAL MEDIA RELEASE — INCLUDING MINOR IMAGE CONSENT

(a) Grant of Permission. By accepting this Agreement, I grant Emerald Hills Karate LLC the right and permission to capture, record, and use photographs, video recordings, audio recordings, and any other visual or audiovisual media (collectively, “Media”) of me and/or my minor child taken during the Activities. I grant this permission for use in any and all of the following: social media platforms (including but not limited to Instagram, Facebook, TikTok, YouTube, X/Twitter, and any future platforms); the Emerald Hills Karate website; printed and digital marketing and promotional materials; newsletters, flyers, and advertisements; instructional and educational content; and any other lawful business purpose of Emerald Hills Karate.

(b) Nature of the Permission. I understand that this permission is granted without compensation, royalty, or payment of any kind. I understand that Media may be shared publicly and may be viewed, shared, downloaded, screenshotted, or redistributed by third parties once posted, and that Emerald Hills Karate cannot control or prevent all third-party use once Media has been made publicly available.

(c) Specific Consent Regarding Minors. If the participant is under eighteen (18) years of age, I, as the parent or legal guardian, provide specific, informed, and voluntary consent for the capture and use of my minor child’s image, likeness, and voice as described in this Section 12. I acknowledge and understand the following:

(d) Right to Opt Out — Specific Media. I may request the removal of any specific photograph, video, or post containing my image or my minor child’s image at any time by submitting a written request to Emerald Hills Karate via email to both info@emeraldhillskarate.com and emeraldhillskarate@gmail.com, or by other written communication delivered to Emerald Hills Karate’s designated representative. Upon receipt of such request, Emerald Hills Karate will make every reasonable effort to remove the specified Media from all platforms and channels under its direct control within a reasonable timeframe. I acknowledge that Emerald Hills Karate cannot guarantee the removal of Media that has already been shared, reposted, cached, archived, or otherwise redistributed by third parties or by the platforms themselves, but Emerald Hills Karate will take all reasonably available steps to effect removal.

(e) Right to Opt Out — Complete Withdrawal of Consent. I may withdraw my consent under this Section 12 entirely at any time by submitting a written notice to Emerald Hills Karate at both email addresses designated in Section 12(d) above, stating that I wish to revoke all Media permissions. Upon receipt of such notice:

(f) No Retaliation. Opting out of this Section 12, whether as to specific Media or in its entirety, will have no effect on the participant’s enrollment, participation, rank advancement, or standing in the program. No participant or family will be penalized or treated differently for exercising their opt-out rights under this Section.

(g) Event-Specific Media Activities. I acknowledge that certain events, activities, classes, demonstrations, or promotional sessions conducted by Emerald Hills Karate may be photographed, videographed, or livestreamed in their entirety, and that the nature of such events may make it impractical or unreasonably burdensome to exclude individual participants from the resulting Media (collectively, “Filmed Events”). In such cases, participants (or the parents/guardians of minor participants) who have opted out of or withdrawn consent under this Section 12 may be unable to participate in the Filmed Event, as it may not be possible to capture, edit, or publish the Media while excluding their image or likeness. Emerald Hills Karate will provide reasonable advance notice when an event is designated as a Filmed Event and will make every reasonable effort to accommodate participants who have opted out of Media consent, including, where feasible, positioning such participants outside the field of recording or offering alternative participation opportunities. However, I understand and agree that Emerald Hills Karate is not obligated to alter, delay, cancel, or restructure a Filmed Event to accommodate individual opt-out requests, and that exclusion from a Filmed Event due to a participant’s Media opt-out status shall not entitle the participant to any refund, credit, make-up session, or other compensation. Participation in any Filmed Event by a participant who has opted out of this Section 12 shall not constitute a waiver of their opt-out status or a renewal of Media consent for any other purpose.

(h) Prior Use. If consent is withdrawn after Media has already been captured and used in accordance with the permission previously granted, such prior use shall not constitute a violation of this Agreement. Emerald Hills Karate’s obligation upon withdrawal is limited to making every reasonable effort to remove existing Media going forward, as described in Sections 12(d) and 12(e) above.

13. SPECTATOR AND THIRD-PARTY RECORDING POLICY

I acknowledge and agree that spectators, parents, guardians, family members, and other third parties may be present during the Activities and may independently photograph or record video of classes, events, and activities. I understand that while Emerald Hills Karate will make reasonable efforts to enforce its policies regarding third-party recording, Emerald Hills Karate cannot guarantee that other individuals will not capture, post, or distribute images or video that include me or my minor child.

As a condition of my (or my minor child’s) participation and my presence as a spectator at any Activity, I agree that I will not photograph, record video of, or otherwise capture the image or likeness of any other participant or participant’s minor child during any Activity for the purpose of posting, publishing, or distributing such images or recordings on social media, websites, or any other public or semi-public platform, without first obtaining the express consent of that participant or, if the individual depicted is a minor, the express consent of that minor’s parent or legal guardian. Personal, private recordings of my own child for non-commercial, non-public family use are permitted, provided such recordings do not prominently feature or intentionally include other participants’ children.

I understand that violation of this policy may result in revocation of spectating privileges, suspension, or removal from the program, at the sole discretion of Emerald Hills Karate.

14. RULES, CONDUCT, AND TERMINATION OF ENROLLMENT

I agree to follow all rules, instructions, and safety procedures established by Emerald Hills Karate, its instructors, and the Host Facility. I further agree to conduct myself (and ensure my child conducts themselves) in a respectful, safe, and sportsmanlike manner at all times.

Emerald Hills Karate reserves the right, in its sole and absolute discretion, to suspend, dismiss, or permanently remove any participant from the program for: (a) violation of the rules, instructions, or safety procedures of Emerald Hills Karate or the Host Facility; (b) conduct that endangers or disrupts other participants, instructors, or staff; (c) violation of Section 6 (substance and impairment policy); (d) violation of Section 13 (spectator and third-party recording policy); (e) nonpayment of tuition or fees; or (f) any other conduct that Emerald Hills Karate determines to be inconsistent with a safe, respectful, and productive training environment. In the event of suspension, dismissal, or removal for any of the foregoing reasons, the participant shall not be entitled to any refund, credit, or make-up sessions.

15. SUPERVISION OF MINOR PARTICIPANTS

I understand and agree that Emerald Hills Karate’s duty of supervision over a minor participant begins no earlier than ten (10) minutes before the scheduled start time of the minor’s class or other Activity, and ends at the later of (a) ten (10) minutes after the scheduled end time of the class or Activity, or (b) the time at which the minor is released into the care of a parent, legal guardian, or other adult authorized in writing by the parent or legal guardian to receive the minor. I agree to drop off and pick up my minor child within these supervision windows and acknowledge that Emerald Hills Karate is not responsible for the supervision, safety, or welfare of a minor participant outside of these windows, including on the surrounding premises, in the parking lot, or at any location other than the designated training area during a scheduled class.

16. PROGRAM SUSPENSION AND FORCE MAJEURE

I understand and agree that Emerald Hills Karate may suspend, cancel, reschedule, modify, or relocate any Activity, class, or program, in whole or in part, without liability, due to causes beyond its reasonable control, including but not limited to: acts of God; severe weather; fire, flood, or other natural disaster; pandemic, epidemic, or other public health emergency; government orders, restrictions, or advisories; loss of use of the Host Facility premises; action or inaction by the Host Facility or its landlord; labor disputes; utility failures; or any other cause not reasonably within the control of Emerald Hills Karate. In the event of any such suspension, cancellation, rescheduling, modification, or relocation, Emerald Hills Karate shall have no obligation to issue refunds, but may, in its sole discretion, offer credits toward future Activities or make-up sessions. I agree that no such suspension, cancellation, modification, or relocation shall constitute a breach of this Agreement or entitle me to any refund, damages, or other compensation.

17. LOST OR STOLEN PROPERTY

I acknowledge that Emerald Hills Karate and the Released Parties are not responsible for any personal property lost, stolen, or damaged on the premises of the Host Facility or at any other location where Activities are conducted, including but not limited to uniforms (gi), belts, Protective Gear, electronic devices, clothing, jewelry, wallets, keys, and bags. I assume all risk of loss, theft, or damage to my (or my minor child’s) personal property and agree to be solely responsible for securing such property during the Activities.

18. RANK, BELT, AND TESTING POLICY

I acknowledge and agree that all rank, belt, and grade advancements are awarded at the sole discretion of Emerald Hills Karate and its chief instructor(s), subject, where applicable, to the requirements of the Tang Soo Do Seon Do Kwan Association (the “Association”). Rank is a recognition of skill, character, and progress and is non-transferable, has no monetary value, and does not entitle the holder to any refund, reimbursement, or credit upon withdrawal, dismissal, or cessation of enrollment for any reason.

Gup (pre-black-belt) rank testing is conducted by Emerald Hills Karate and is included in tuition; Emerald Hills Karate does not charge a separate testing fee for gup-level examinations.

I acknowledge that certain costs and fees are payable directly to the Association and are separate from, and in addition to, tuition paid to Emerald Hills Karate. These include, without limitation, annual Association membership dues required for continued participation and rank recognition, and testing fees for black belt (dan-level) examinations administered by the Association. All such Association fees are set, collected, and administered by the Association, not by Emerald Hills Karate, and are non-refundable regardless of the outcome of any test, examination, or membership period. Emerald Hills Karate makes no representation or warranty regarding Association policies, fees, testing standards, or rank recognition, and shall have no liability for any dispute between me and the Association.

19. DISPUTE RESOLUTION

(a) Optional Mediation. In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the Activities, or the relationship between the parties (a “Dispute”), the parties may, but are not required to, first attempt to resolve the Dispute through good-faith mediation before a mutually agreed-upon mediator in Broward County, Florida. The costs of any such mediation shall be shared equally between the parties unless otherwise agreed in writing. Mediation is not a condition precedent to arbitration or any other proceeding authorized by this Agreement.

(b) Binding Arbitration. Any Dispute not resolved informally or through optional mediation shall be submitted to final and binding arbitration before a single arbitrator in Broward County, Florida. Arbitration shall be administered in accordance with the rules of the American Arbitration Association (“AAA”) then in effect, or, at the election of both parties, by another arbitration provider or individual arbitrator mutually agreed upon in writing by both parties. If the parties elect an alternative arbitration provider or arbitrator, the procedural rules governing the arbitration shall be those agreed upon in writing by the parties at the time of such election, or, absent such agreement, the rules of the AAA shall apply by default. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own attorneys’ fees and costs unless the arbitrator determines otherwise.

(c) Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, I HEREBY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES.

(d) Class Action Waiver. I agree that any Dispute shall be brought solely in my individual capacity and not as a plaintiff or class member in any purported class action, collective action, representative action, or consolidated proceeding. I waive any right to participate in a class action against the Released Parties.

20. CONTRACTUAL LIMITATIONS PERIOD

Any claim or cause of action arising out of or relating to this Agreement, the Activities, or any injury, loss, or damage sustained in connection with the Activities brought by an adult participant (or by any person claiming by, through, or under an adult participant) must be commenced within one (1) year from the date of the incident giving rise to the claim, regardless of the date on which the injury or damage was discovered or reasonably should have been discovered. Any such claim not commenced within this one-year period shall be forever barred. I acknowledge that this contractual limitations period may be shorter than the statute of limitations otherwise applicable under Florida law, and I knowingly and voluntarily agree to this shortened period.

This Section 20 does not apply to claims brought by or on behalf of a minor participant. Any such minor’s claim shall be governed by the applicable statute of limitations and any tolling provisions under Florida law.

21. ASSIGNMENT

Emerald Hills Karate LLC may assign, transfer, or delegate this Agreement, in whole or in part, to any successor entity, purchaser, or affiliate in connection with a sale of assets, merger, reorganization, or other business combination or restructuring, without my consent. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, assigns, and legal representatives. I may not assign, transfer, or delegate this Agreement or any of my rights or obligations hereunder without the prior written consent of Emerald Hills Karate.

22. NOTICES

Except as otherwise expressly provided in this Agreement, any notice or written communication required or permitted under this Agreement shall be delivered in writing to Emerald Hills Karate by email to both info@emeraldhillskarate.com and emeraldhillskarate@gmail.com, or by hand delivery to an authorized representative of Emerald Hills Karate. Notices to me shall be delivered to the email address or physical address I provided at the time of enrollment (or as subsequently updated by me in writing).

23. ELECTRONIC ACCEPTANCE AND RECORD

I understand that this Agreement is accepted electronically through Emerald Hills Karate’s enrollment platform. I acknowledge that the enrollment platform records the date and time of my acceptance, the email address associated with my enrollment, and the IP address from which acceptance was submitted, and that such record shall constitute conclusive evidence of my acceptance of this Agreement. My electronic acceptance (by checking the box indicating “I have read and agree to all terms and conditions and waivers”) shall have the same legal force and effect as a handwritten signature pursuant to the Florida Electronic Signature Act and the federal E-SIGN Act.

24. GOVERNING LAW, VENUE, AND SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles. To the extent that any Dispute is not subject to the arbitration provisions set forth in Section 19, I agree that the exclusive venue for any such Dispute shall be the state courts located in Broward County, Florida, or the federal courts located in the Southern District of Florida, and I consent to the personal jurisdiction of such courts.

If any provision of this Agreement is held to be invalid, unenforceable, or void by a court of competent jurisdiction or arbitrator, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving the intent of the parties.

25. SURVIVAL

The provisions of Sections 2 (Assumption of Risk), 7 (Release and Waiver), 8 (Indemnification), 11 (Insurance Disclaimer), 12 (Media Release, including any Media captured prior to withdrawal of consent), 17 (Lost or Stolen Property), 19 (Dispute Resolution), 20 (Limitations Period), 21 (Assignment), 22 (Notices), 24 (Governing Law), and this Section 25 shall survive the termination, expiration, or cessation of my (or my minor child’s) enrollment or participation in the Activities for any reason.

26. ENTIRE AGREEMENT AND ACKNOWLEDGMENT

This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes any prior understandings or oral agreements. No modification or waiver of this Agreement shall be effective unless in writing and signed by an authorized representative of Emerald Hills Karate.

BY CHECKING THE BOX AND/OR ELECTRONICALLY ACCEPTING THIS AGREEMENT, I ACKNOWLEDGE THAT: