The instructional content in these martial arts digital training seminars, also known as The Vault (the "Seminars") entails both known and unknown risks that could result in serious bodily injury, partial and/or total disability, paralysis or death. The social and economic losses and/or damages, which could result from the risks and dangers described above may be significant. These risks and dangers may be caused by the action, inaction or negligence of anyone participating in these Seminars (the "Participant") or any third-party partner with whom you train. It is your responsibility to train safely, legally, use proper safety equipment and not to exceed your physical and mental limitations. It is the user and their partners’ responsibility to consult a licensed medical professional before commencing any exercises or training emanating from the Seminars.
Elemental Athletics Inc., operating under the trade name Budo Brothers, nor any agents, advisors, employees, members, featured practitioners, instructors, officers, directors, partners, trustees, beneficiaries, successors, assigns, affiliates or shareholders thereof (collectively, the “Agent”) assume any risks or responsibility for any injury, harm, losses and/or damages whether direct or indirect, incidental, consequential, special or exemplary, or any other damages arising from the use of or performance by any person or their partner participating in these Seminars. Further, the Agent bears no responsibility or liability if the Participant commits any illegal act which includes, but is not limited to, an assault or the possession of a weapon. By participating in such Seminars you, your personal representative, next of kin, assignees, executors and heirs agree to release, waive, covenant not to sue and discharge any and all claims, demands or damages against the Agent for any liability resulting from, among other things, any personal injury, accident, illness or death, arising from or in any way related to your participation in these Seminars, including, without limitation, any injuries, accident or illness (or death) sustained by your partner.
Without limiting the foregoing, any further dispute, controversy or claim arising out of or relating to the Seminars shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the ADR Institute of Canada, as amended from time to time. The venue of the arbitration will be Calgary, Alberta before a single arbitrator mutually agreeable to the parties (the "Arbitrator"). The Participant shall bear the costs of the arbitration filing, hearing fees and the fees of the Arbitrator. The decision of the Arbitrator shall be find and binding and without any right of appeal. Judgement upon the award rendered by the Arbitrator may be entered in any court having jurisdiction.