Although people sign a declaration before skydiving, that they are aware they may die, the parachuting center can still be charged for manslaughter if the parachute doesn't open.
Does the same apply for martial arts classes?
This is the clause mentioned in the "Liability waiver" section of a martial arts class application form. Am not mentioning which martial art it is. Will just name it X.
I am applying for instruction in martial arts activities involving strenuous exercise and personal body contact. I understand that because of this there is always an inherent risk of injury that cannot be eliminated. As a condition of being admitted to train in X at any training premises, I assume the risk of all injuries, losses and damages and do hereby hold the training center, its instructors and agents or persons otherwise connected with the X classes harmless from any and all liability (including legal costs) for all claims, actions or damages due to injuries, losses or damage suffered by me or caused to a third party by me during the course of X training, or arising out of the activities of the X classes, or any other activities occurring on the premises of the training facilities or elsewhere. I have been given the opportunity to seek legal advice regarding the terms of this document.
Even if there is a good amount of discipline during classes, if a student waives liability, that gives opportunity for a rogue student or egoistic or inexperienced master to do whatever they please. They can be rough. They can injure the student and claim that the student was not observant or quick enough.
Is it wise to sign such a document as-is or can I scratch off any of the conditions there, write a counter condition and sign at the side of the sheet? An example of a counter condition would be "...unless otherwise proven by witnesses that the injury/death was caused by negligence on the part of the student/instructor".
I also felt the sentence "damage suffered by me or caused to a third party by me during the course of X training, or arising out of the activities of the X classes, or any other activities occurring on the premises of the training facilities or elsewhere." was too ambiguous.