LIABILITY RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE
Assumption of Risk
Participant, or Parent/Guardian on behalf of minor participant, is fully aware of and understands that there are inherent risks associated with the participation of Brazilian Jiu-Jitsu, martial arts, and programs offered at Independent Jiu-Jitsu (the "Academy"), including serious physical injury, permanent disability, paralysis, or even death. Participant, or Parent/Guardian on behalf of minor participant, represents and warrants that participant is in good health and has no physical or mental disability, impairment or pre-existing condition that may otherwise prevent him/her from safely participating in the "Academy's" activities. Should Participant, or Parent/Guardian on behalf of minor participant, believe that the activity is no longer safe for participant/minor participant, it will be Participant's, or Parent/Guardian on behalf of minor participant's, responsibility to immediately discontinue participation in the activity.
Participant, or Parent/Guardian on behalf of minor participant, understands that physical contact will be used by employees of the school, other students and authorized individuals, as part of the course of instruction. Participant, or Parent/Guardian on behalf of minor participant, has been advised of such fact and gives full consent to any physical contact as may be required or customary to Brazilian Jiu-Jitsu, martial arts, and programs offered at the "Academy".
Participant, or Parent/Guardian on behalf of minor participant, understands that the activities involved in Brazilian Jiu-Jitsu, martial arts, and programs offered at the "Academy" can be physically strenuous, and potentially dangerous, and may expose him/her to serious physical injury. Participant, or Parent/Guardian on behalf of minor participant, understands and acknowledges that Independent Jiu-Jitsu has taken every reasonable precaution to ensure the safety of all of its members. Participant, or Parent/Guardian on behalf of minor participant, further agrees to immediately notify Independent Jiu-Jitsu management in the event that conditions change during the course of Participant's membership for any reason (i.e., accident, illness, or other medical condition). Participant, or Parent/Guardian on behalf of minor participant, fully accepts and assumes all such risks and all responsibility for losses, cost and damages that may result from the activities.
Liability Release
PARTICIPANT, APPLICANT, STUDENT, OR INVITEE (I.E., GUEST, FREE CLASS PASS, TRIAL MEMBER, COUPON USER, ETC.), AND PARTICIPANT'S RESPECTIVE PARENT/GUARDIAN (ON BEHALF OF MINOR PARTICIPANTS/APPLICANTS/STUDENTS/INVITEES UNDER 18 YEARS OF AGE), IN CONSIDERATION FOR PARTICIPATION IN ACTIVITIES ADMINISTERED BY INDEPENDENT JIU-JITSU, DO HEREBY EXPRESSLY WAIVE, RELEASE, COVENANT NOT TO SUE, AND FOREVER DISCHARGE INDEPENDENT JIU-JITSU, INCLUDING OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, STAFF, AGENTS, REPRESENTATIVES, CONTRACTORS, AND SUB-CONTRACTORS, VOLUNTEERS, AND PREMISE OWNER (COLLECTIVELY THE "RELEASED PARTIES") FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, LIABILITY, LOSSES FOR DAMAGES OF WHATEVER NAME OR NATURE RESULTING FROM STUDENT PARTICIPATION IN OR TRANSPORTATION TO ACADEMY ACTIVITIES (COLLECTIVELY THE "RELEASED CLAIMS"), EITHER ON OR OFF THE FACILITY’S PREMISES, INCLUDING THOSE DUE TO ANY INTENTIONAL OR UNINTENTIONAL ACT, OR THOSE ARISING FROM OR IN ANY WAY RELATED TO THE NEGLIGENCE OF ANY RELEASED PARTIES, TO THE FULLEST EXTENT PROVIDED BY LAW.
By signing below, I acknowledge that I have read and understand the Waiver of Liability and agree to abide by it.
Indemnification
Participant, or Parent/Guardian on behalf of minor participant, will defend, indemnify and hold harmless the Released Parties from (that is, to reimburse and be responsible for) any loss or damage, including but not limited to costs and reasonable attorney's fees (including the cost of any claim Participant, or Parent/Guardian on behalf of minor participant, might make), arising out of or connected in any way with any of the Released Claims.
Agreement
Participant, or Parent/Guardian on behalf of minor participant, has read and understands this liability waiver and release, assumption of risk, and indemnity agreement. Participant, or Parent/Guardian on behalf of minor participant, understands that by signing this document Participant, or Parent/Guardian on behalf of minor participant, is giving up substantial rights. Participant, or Parent/Guardian on behalf of minor participant, is executing this document voluntarily and with full knowledge of its significance. This agreement shall remain in effect as long as and whenever Participant participates in any activity related to the Academy.
Photo and Video Release
Participant, or Parent/Guardian on behalf of minor participant, acknowledges that Participant may be photographed or filmed while attending the premises of the "Academy", and gives permission to Independent Jiu-Jitsu to use any and all photos, video footage, and/or video streaming for promotional, sales, publicity, and advertising purposes for all media including internet.
Emergency Medical Authorization and Waiver
In the event of an injury, illness, accident, or an emergency while participating in Academy activities, Participant, or Parent/Guardian on behalf of minor participant, authorizes the Academy to provide or obtain emergency first aid, emergency transportation, emergency medical treatment, and act in Participant's stead to follow such procedures as necessary to admit and treat an emergency condition, at any hospital, if it is deemed necessary. Participant, or Parent/Guardian on behalf of minor participant, agree to hold harmless the Academy and any hospital for commencing emergency medical treatment with any more consent than hereby given. Participant, or Parent/Guardian on behalf of minor participant, accepts financial responsibility for the payment of any such emergency transportation and treatment expenses and any related or subsequent medical/dental bills.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact.
Participant, or Parent/Guardian on behalf of minor participant, hereby agrees, represents, and warrants that neither the Participant, and/or Parent/Guardian shall visit or utilize the facilities, services, and programs if he or she (i) experiences symptoms of COVID-19, including cough, shortness of breath or difficulty breathing, fever, or new loss of taste or smell, or (ii) has a suspected or diagnosed/confirmed case of COVID-19. Participant, or Parent/Guardian on behalf of minor participant, agrees to notify us immediately if he or she believes that any of the foregoing access/use restrictions may apply.
The Academy has taken certain steps to implement recommended guidance and protocols for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set forth above. Participant, or Parent/Guardian on behalf of minor participant, acknowledges and agrees that the Academy may revise those procedures at any time based on updated guidance and protocols and further agrees to comply with the revised procedures prior to utilizing our facilities, services, or programs.
In further consideration of being permitted to enter our facility for any purpose including, but not limited to, observation or use of facilities or equipment, or participation in any on-site program, the undersigned hereby agrees to the following:
Participant, or Parent/Guardian on behalf of minor participant, hereby releases, waives, discharges, and covenants not to sue Independent Jiu-Jitsu, including owners, officers, directors, employees, staff, agents, representatives, contractors, and sub-contractors, volunteers, and premise owner (collectively, the "Released Parties") from all liability for any loss or damage, and any claim or demands on account of any property damage or any injury to, or an illness or the death of, the undersigned or such participating minors (or any person who may contract COVID-19, directly or indirectly, from the undersigned or such participating children) whether caused by negligence, active or passive, of Independent Jiu-Jitsu or otherwise while the undersigned or such participating children are in, upon, or about the premises.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT, I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM INDEPENDENT JIU-JITSU IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AND ANY ILLNESS, INJURY, OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF A MINOR, I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).
I have read the entire Release, I fully understand it and I agree to be legally bound by it.
By initialing here and signing below, I am electronically signing this Agreement. I understand that an electronic signature has the same legal effect as a written signature.
Participant: {name}
Date of Birth: {dob}
Address: {address}
Phone Number: {phone}
Parent/Legal Guardian on behalf of minor participant:
Phone Number: {phone}
Emergency Contact Person: {contact_name}
Emergency Contact Relation: {contact_relation}
Emergency Contact Phone: {contact_phone}
Date: {sign_date}