Waiver of liability / Assumption of risk

Insurance: Participant's personal injury insurance is not provided by TMS. TMS only provides Public Liability Insurance. If participants wish to be insured, they are advised to arrange their own personal injury insurance to cover them participating in our leagues/classes/events.

Waiver:By entering and participating in TMS sports leagues you accept the following Waiver, Release of Liability, Assumption of Risk and Indemnity.

Agreement: In consideration of me being allowed to participate in any way in the upcoming league/class and associated social events provided and hosted by TMS, inclusive (the “Activities”), I hereby acknowledge and agree as follows:

1. I understand the nature of the Activities and acknowledge my experience and capabilities and believe I am qualified to participate in the Activities. I further acknowledge that I am aware that the Activities will be conducted in facilities open to the public during the Activities. I further agree and warrant that if, at any time, I believe conditions to be unsafe, I will immediately discontinue further participation in the Activities.
2. I fully understand that: (a) the Activities involve risks and dangers of serious bodily injury, including permanent disability, blindness, paralysis and death (“Risks”); (b) these Risks may be caused by my own actions, or inactions, the actions or inactions of others participating in the Activities, the conditions in which the Activities take place or the negligence of the Releasees (defined below); (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and (d) I fully accept and assume all such risks and all responsibilities for losses, costs, and damages incurred as a result of my participation in the Activities.
3. I hereby release, discharge, covenant not to sue, and agree to hold harmless TMS, it's owner(s), administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors and advertisers, and, if applicable, owners and lessors of premises on which the Activities take place (each considered to be one of the “Releasees” herein) from all liability, claims, demands, losses, or damages on account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including rescue operations, and further agree that if, despite this release, I, or anyone on my behalf, makes a claim against any of the Releasees named above.

I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, LOSS, LIABILITY, DAMAGES OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.

NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE THE LIABILITY OF THE RELEASEES FOR ANY DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.

THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH ENGLISH LAW AND ALL PARTIES SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS.