WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
Kogetsukai, NFP General Participation Waiver and Release of Liability
Version: 1.0
Effective Date: March 1, 2026
Organization: Kogetsukai, NFP
Scope:
This Waiver applies to all Kogetsukai classes, seminars, workshops, demonstrations, special events, and related activities organized, sponsored, or conducted by Kogetsukai, NFP.
I, the undersigned participant ("Participant"), acknowledge that I am voluntarily participating in classes, seminars, workshops, demonstrations, special events, or other activities organized, sponsored, or conducted by Kogetsukai, NFP ("Activities").
1. Assumption of Risk
I understand that participation in traditional Japanese martial arts and related cultural activities, including but not limited to Iaido, Kenjutsu, Jodo, Gekiken, Tameshigiri, Zazen, and similar training, involves inherent and other risks.
These risks may include, but are not limited to, falls, slips, collisions, strenuous physical activity, repetitive movement, sprains, strains, bruises, cuts, lacerations, broken bones, being struck by another participant or training implement, accidental contact with wooden, metal, or other training weapons, equipment malfunction or failure, property damage, illness, serious bodily injury, permanent disability, or death.
I understand that some Activities may involve the use of bokken, jo, shinai, iaito, swords, cutting targets, or other martial arts equipment.
I knowingly and voluntarily assume all risks associated with participation in the Activities, whether known or unknown, foreseeable or unforeseeable, to the fullest extent permitted by law.
2. Release and Waiver of Liability
In consideration for being permitted to participate in the Activities, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Kogetsukai, NFP; its directors, officers, instructors, guest instructors, assistant instructors, volunteers, agents, employees, representatives, affiliated organizations, hosting facilities, property owners, and governing organizations (collectively, the "Releasees") from any and all claims, demands, causes of action, liabilities, damages, losses, or expenses arising out of or related to my participation in the Activities.
This release includes claims arising from the ordinary negligence of the Releasees, to the fullest extent permitted by Illinois law.
This Waiver is not intended to release any claim that cannot lawfully be waived under applicable law.
3. Hold Harmless and Indemnification
To the fullest extent permitted by law, I agree to hold harmless and indemnify the Releasees from claims, liabilities, damages, costs, or expenses arising from my own acts or omissions during participation in the Activities, including claims arising from injury or damage that I cause to another person or to property.
Nothing in this section is intended to require me to indemnify a Releasee for conduct that cannot lawfully be subject to indemnification under Illinois law.
4. Medical Responsibility
I understand that certain eligible Kogetsukai participants and activities may be covered by accident or liability insurance provided through the Midwest Kendo Federation, subject to the terms, conditions, eligibility requirements, exclusions, and approval of the applicable insurance policy.
I understand that such coverage is not a substitute for personal health or medical insurance and may not apply to every Kogetsukai activity, participant, injury, or circumstance.
I certify that I am physically capable of participating in the Activities, or that I have disclosed to an instructor any condition that may reasonably affect my ability to participate safely.
I understand that it is my responsibility to determine whether I am medically able to participate and, when appropriate, to consult a physician or other qualified medical professional before participating.
I am encouraged to maintain appropriate personal health and accident insurance sufficient to cover injuries or medical expenses that may arise from participation in the Activities.
5. Emergency Medical Care
If I become injured or ill during an Activity and I am unable to provide instructions, I authorize Kogetsukai instructors, volunteers, or representatives to contact emergency medical services on my behalf.
I understand that Kogetsukai does not assume responsibility for the cost of ambulance transportation, emergency treatment, hospitalization, or other medical care.
6. Participant Conduct and Safety
I agree to follow all safety rules, dojo etiquette, instructor directions, and organizational policies established by Kogetsukai, NFP.
I understand that martial arts training requires cooperation, self-control, and responsible handling of training equipment.
I agree not to participate while under the influence of alcohol, illegal drugs, or any substance that may impair my ability to participate safely.
I understand that Kogetsukai may suspend or terminate my participation if an instructor determines that my conduct presents a safety concern to myself or others.
7. Hosting Facility
I understand that Kogetsukai Activities may take place at Daiyūzenji and at other facilities or locations.
I understand that participation at a hosting facility may require me to complete additional waivers, agreements, or rules required by that facility.
This Kogetsukai Waiver does not replace any separate waiver or agreement required by Daiyūzenji or another hosting facility.
8. Photography, Video and Media
Photographs, video recordings, or audio recordings may be taken during Kogetsukai Activities for educational, historical, promotional, archival, or nonprofit communication purposes.
9. Minors
Participants under eighteen (18) years of age must have this Waiver completed by a parent or legal guardian.
The parent or legal guardian represents that they have authority to consent to the minor's participation and acknowledges the risks associated with the minor's participation in the Activities.
The parent or legal guardian agrees to the terms of this Waiver on their own behalf and acknowledges that the enforceability of any provision relating to a minor participant is subject to applicable Illinois law.
10. Governing Law and Severability
This Waiver shall be governed by and interpreted under the laws of the State of Illinois.
If any provision of this Waiver is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
This Waiver is binding upon me and, to the extent permitted by law, my heirs, executors, administrators, personal representatives, successors, and assigns.
11. Opportunity to Review and Ask Questions
I acknowledge that I have had the opportunity to carefully review this Waiver before signing it.
I understand that I may ask questions regarding this Waiver before participating in any Activity.
I understand that I am not required to participate in Kogetsukai Activities and that my participation is voluntary.
12. Acknowledgment and Electronic Signature
By submitting this form electronically, I certify that:
I have carefully read and understand this Waiver of Liability and Hold Harmless Agreement.
I understand the risks associated with participating in Kogetsukai Activities.
I voluntarily agree to the terms of this Waiver.
I understand that I am giving up certain legal rights, including the right to bring certain legal claims against the Releasees as described in this Waiver.
I understand that typing my full legal name below and submitting this form constitutes my electronic signature and is intended to have the same legal effect as a handwritten signature.
