Asano Taiko U.S. Waiver

Asano Taiko U.S., Inc. and Los Angeles Taiko Institute
Participant Waiver, Release of Liability, and Assumption of Risk (ver 270101)

1. Who this covers. This agreement is between me (and, if I am signing for a minor, my child) and Asano Taiko U.S., Inc., doing business as Asano Taiko U.S. ("ATUS") and Los Angeles Taiko Institute ("LATI"), and their owners, officers, employees, instructors, contractors, volunteers, agents, affiliates, and the owner and landlord of the premises at 20909 S. Western Ave., Torrance, CA (together, the "Released Parties").

2. Activities covered. This agreement covers all of my participation in and presence at: LATI classes, workshops, and private lessons; studio rentals and individual practice (supervised or not); rehearsals, recitals, performances, and community events on or off site; moving and handling of drums and equipment; and my presence anywhere on the premises, including the parking lot, entrances, restrooms, and common areas (the "Activities").

3. Safety commitment. Safety is important to ATUS and LATI. We believe that all aspects of taiko can be done safely. In order to accomplish this goal, every person must be responsible for their safety and the safety of those around them. We want our students, customers, and staff to be healthy and for taiko to be a positive force in our lives.

4. Risks of the Activities.

Risks of physical activity. As a physical activity, taiko presents the usual set of risks associated with full-body exercise. Such injuries may include muscle strains, pulls, and tears, blisters and soreness of the hands, torn ligaments, broken bones, shin splints, injuries to knees, ankles, and feet, injuries to shoulders, elbows, wrists, and fingers, injuries to neck and back, over-exhaustion, heart attacks, and any other possible physical injury from physical exercise.

I will approach new movements with caution, using less-than-full exertion until I am comfortable and know the movements are safe for me. Should I feel any pressure from other students or ATUS / LATI staff to go beyond my comfort zone, I will immediately inform ATUS / LATI staff.

Risks of taiko: hearing. Taiko presents additional risks, including damage to hearing from excessive exposure to loud sounds. A single taiko class often exposes participants to 16 times the recommended daily allowance of sound. Even individual practice presents dangerous volumes. Hearing damage is irreversible and cumulative. One cannot "build up a tolerance" for loud sounds. Prior failure to protect one's hearing only increases the necessity of protecting remaining hearing abilities. ATUS and LATI require the use of earplugs in all classes and individual practice sessions to mitigate these risks.

I understand that the practice of taiko exposes me to dangerous sound levels and I will wear earplugs to mitigate risk of hearing damage. I will be aware of the risk to others' hearing. I will never strike a drum when an unprotected ear is near the drum face. I will never use loud sounds to surprise others.

Risks of taiko: repetitive stress. Taiko involves repetitive practice. Repetitive stress injuries are a common threat to musicians and dancers and the risk in taiko is heightened by the high forces and stresses involved with striking the drums. Removing unnecessary tension in the body reduces risk, so players should continually work to "play relaxed" and use only the muscles necessary to achieve the desired movement. Numbness or tingling in the fingers is a clear warning sign of carpal tunnel syndrome and should be immediate grounds for stopping. Players should never practice through numbness, tingling, or pain.

I understand that I must constantly work to "play relaxed". I will stop playing immediately if I feel numbness, tingling, or pain.

Risks of taiko: bachi (drumsticks). Taiko often utilizes bachi heavy enough to inflict injury to oneself and others. Certain styles of taiko involve interlocking movements that put players at risk of hitting one another. To mitigate the risks of bachi-related injury, players must be continually cognizant of those around them. A player should never strike a drum if they are at risk of hitting someone else. All players should recognize the risk of dropped or accidentally thrown bachi and position themselves in a safe location when not playing.

I recognize that bachi can inflict serious injury and will take active measures, including those described above, to minimize risk to myself and others.

Risks of taiko: equipment. The moving of taiko equipment presents additional risks, including strain and sprains to wrists, knees, and back due to improper lifting and accident. Many taiko instruments are heavy enough to require multiple people to move. ATUS and LATI staff teach safe methods to communicate and coordinate intentions, and to lift, carry, and place equipment. These procedures have been developed to minimize physical injury and reduce risk of damage to equipment. Equipment should not be moved until the proper procedures are learned and understood.

I will follow ATUS and LATI procedures for safe handling of equipment, including stands and drums.

Other risks. In addition, the Activities and premises involve risks including slips, trips, and falls; contact with other participants and their equipment; actions of other studio users or renters; parking-lot and traffic incidents; loss of or damage to personal property; exposure to communicable illness; and risks during travel to and from off-site events. These lists are not complete. Other risks, including unforeseeable ones, exist. If I see something dangerous, I will report it. If I am asked to do something I consider risky, I will immediately state my concerns.

5. My health. I am responsible for deciding, with a physician if needed, whether I am fit to take part. I will tell my instructor about any condition or limitation that affects my safe participation. If my condition changes, or I feel pain, numbness, tingling, dizziness, or discomfort during any Activity, I will stop and immediately inform ATUS / LATI staff.

6. Assumption of risk. I knowingly and voluntarily assume all risks of the Activities, known and unknown, even if caused in whole or in part by the negligence of the Released Parties.

7. Release and waiver of liability. To the fullest extent permitted by law, I release, waive, and agree not to sue the Released Parties for any claim, injury, illness, death, loss, or damage arising from or related to the Activities, including claims caused by the ordinary negligence of the Released Parties. This release does not apply to gross negligence or willful misconduct.

8. Indemnity. I will defend, indemnify, and hold harmless the Released Parties from any claim, including reasonable attorneys' fees, brought by a third party because of my conduct (or my child's) during the Activities.

9. Rules and emergencies. I will follow ATUS/LATI safety rules, instructor directions, and studio rules, including required earplugs and equipment-handling procedures. I will keep my emergency contact information up to date. In an emergency, I authorize ATUS/LATI to obtain medical treatment for me (or my child), and I am responsible for its cost.

10. Studio rental users. If I use the studio without an instructor present, I am responsible for my own safety and that of my guests, and for any damage to equipment or the premises caused by my group.

11. Minors. If I am signing for a participant under 18, I am their parent or legal guardian. I have explained this agreement to them. I sign it on my own behalf and on behalf of the minor, and I agree that sections 6 through 8 bind both of us. I will reinforce the safety practices in this agreement with my child.

12. Term. This agreement applies to all of my participation from the date I sign until I sign a newer version or revoke it in writing. ATUS/LATI may ask me to re-sign each year or when this agreement is updated.

13. General. California law governs this agreement. If any part is found unenforceable, the rest remains in effect. This agreement binds my heirs, executors, and estate. It does not replace any separate studio rental or tuition agreement.

14. Photo and video. LATI may record classes for teaching purposes. ATUS/LATI may use photos and video of public performances and classes on our website, social media, and printed materials. I will indicate my choice on the signing form below. This choice is separate from, and does not affect, the rest of this agreement.

15. Acknowledgment. I am 18 or older (or the parent/guardian signing for a minor). I have read this entire agreement, had the chance to ask questions, understand that I am giving up substantial rights, and sign voluntarily. I agree to sign this agreement electronically, and my electronic signature has the same effect as a handwritten one.