student waivers

[richie]

Can anyone recommend a solid student waiver for our judo/jujutsu
program? I need one to teach in a public community center and
wish to be properly protected. Gracias


R. Rivera

[KenpoKev]

I think if you check back in this forum about 3-4 months ago, there was a langthy topic on this subject and there were quite a few waivers posted. If you can't find it, post here again and I'll post the one I use.

Regards

[Joe Crumley]

A waiver must be used, but remember, what works is one person's jurisdiction may not work in yours! Make friends with an attorney; any dojo needs someone to teach you legal issues of liability, criminal law, etc. When I was in law school, one teacher said, "you can sue the Pope for bastardy, if you pay the filing fees". In other words, nothing can keep you from being sued, but common sense combined with good advice, as well as experience are as important as good technique.

When I first started, we had only one rule in ninjutsu: you have to get home at night.

After years as a defense, plaintiff's, and state's attorney I added a second: you have to be able to stay there.

Good training, Joe

[John Bennett]

Here's mine Richie...

WAIVER

RELEASE FROM LIABILITY AND ASSUMPTION OF RISK AGREEMENT

1) Intending that this agreement be legally binding on myself, my heirs, assigns, and estate, I hereby waive, release, and forever discharge John Bennett and the Angelina Jiu-Jitsu Club, and all of their agents, representatives, administrators, successors, volunteers, participants and assigns, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "The Angelina Jiu-Jitsu Club"), from any and all claims, demands, rights, and causes of action of whatsoever kind and nature, arising from and by reason of any and all known and unknown, foreseen and unforeseen, physical and mental injuries and consequences there of, suffered by me during any and all activities held by The Angelina Jiu-Jitsu Club.

2) In signing this release, I assert that

(A) I am presently in good physical and mental health;

(B) I acknowledge that the study and training of any martial art entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity;

(C) I understand that the Angelina Jiu-Jitsu Club may be ignorant of a my fitness or abilities and that they may give inadequate warnings or instruction, and any equipment being used might malfunction;

(D) I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks;

(E) I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself;

(F) I have read and fully understand the terms and conditions of this agreement.


___________________________________________________ _________________________ Signature Date

___________________________________________
Printed Name

____________________________________________________ ________________________
Parent’s Signature (if participant is under 18 years of age) Date

[jimei]

Joe, would you say more about this post subject, a quote of yours. I have been around the Bujinkan for a while and other arts in the past. I have been living and working in China for the last year. I had the fortune to meet the 20th generation inheritor of Chen Village Tai Chi. He had a normal childhood growing up in this Chen Village, until 8 years old, when his parents forced him, against his will to become a Chen Tai Chi student. After a couple of years he began to love it. This is eating and sleeping and ... Chen Tai Chi and his movement and abilities show it. Some in the US may call this type of traditional 'indoor' training "severe". This is no 'airy fairy' Tai Chi.

We are working on getting him a passport and a visa, then we will bring to the USA. Being a university physical education graduate with a major in martial arts, he can also teach many other Chinese systems including San Dao (a mixture of kick boxing and sambo).
Do you have some suggestions "how to stay there" once we get going?

Thank you ahead of time.

Best regards,
James Fraser

[Joe Crumley]

Jimei,

Sorry to take so long to respond. I have never practised immigration law and would defer to anyone who has. Usually it requires a job, wife, etc...to get to stay. However, the US has some of the most liberal attitudes about letting foreigners stay. The current situation with the national Chinese doesn't help, but I would be optimistic. If you have specific questions, let me know, I may be able to get answers from friends who know more. (If you asked me about criminal law, no problem--but in 22 years, I've learned to ask!!!)
Joe

[jimei]

Joe, Thanks for your response. What I was refering to was staying in business as a dojo, which is what I thought you were refering to in your previous post.
Once Mr. Chen gets a visa, and we get him to the USA, I do believe, with his martial arts credentials, he could apply to stay as a expert. I understand that this is not
difficult to get, with proper documention which he has. He is also a university graduate in PE/martial arts and is currently a PE teacher in a university.

I appreciate your input.

Best regards,
James Fraser

[jimei]

Joe, When you have a few minutes, would you mind asking a collegue who knows about immigration law if we get the Chen style teacher a Chinese Passport and a US visa out of China, what is the best way to keep him in the USA. We are going for a visitor's visa to "travel around the US with us for a month in exchange for his free insturction in the last year". I understand enrolling him in a junior college would be the easiest way to keep him in the USA. What about a foreign Expert visa? It is most difficult to ask a US attorney here in PROC

Also what is the minumum investment required by the INS to obtain a visa, if a foreigner was wealthy? We are also looking of a sponser here.

Thank you.

Best regards,
James Fraser :)