Release, Liability WAIVER & Indemnity Agreement
(Read Carefully Before Signing)
In consideration of being permitted to participate in any way in the Martial Arts Program, as defined below, by Black Sheep BJJ (“BSBJJ”), currently located at 4854 N Mesa St Unit 101, El Paso, TX 79912 (the “Premises”), I, or, if a minor, the parent(s) and/or legal guardian of the minor participant named below (hereinafter, collectively, “I,” “me” or “my”), enter into this Release, Liability Waiver and Indemnity Agreement (“Agreement”) and hereby agree:
1. I am voluntarily seeking and consenting to participate in BSBJJ’s Martial Arts Program, which is defined to include, but not be limited to, martial arts instruction and related training. Including those in the arts of Brazilian jiu-jitsu, judo, ground fighting, grappling and other martial arts that commonly involve body contact with the ground as well as techniques such as chokes and joint locks; yoga and other flexibility or meditative exercises; and other similar or related physical activities. I understand that the various activities of the Martial Arts Program may take place in, outside of, around and off the Premises, and I have the choice not to participate in any or all activities, events or competitions offered by BSBJJ.
2. I represent and warrant that I am either of proper physical condition to participate in the Martial Arts Program, understanding the demands and nature of the activities provided above, or accept full responsibility for my participation therein in my current physical state. I agree to disclose all medical conditions, ailments and other issues to BSBJJ prior to my participation in the Martial Arts Program and understand that my failure to do so further waives BSBJJ’s liability from any and all injuries or other outcomes related to my continued participation in the Martial Arts Program.
3. I fully understand and acknowledge that THE ACTIVITIES OF THE MARTIAL ARTS PROGRAM ARE INHERENTLY DANGEROUS, such that:
A.There are risks and dangers associated with my participation in the Martial Arts Program that could result in bodily injury, partial and/or total disability, paralysis or death.
B.The social and economic losses and/or injuries that could result from these risks and dangers described above could be severe.
C.These risks and dangers may be caused by the action or inaction of myself or others, including, but not limited to, BSBJJ and/or other participants in the Martial Arts Program; the rules and regulations of the Martial Arts Program; or the nature of the facilities or equipment used.
D.There may be other risks and dangers not known to us or are not reasonably foreseeable at this time.
4. I understand, accept and assume the above risks and dangers, both known and unknown, and I assume full responsibility for the injuries, maladies, losses and/or damages resulting therefrom, however caused and whether caused in whole or in part by BSBJJ.
5. I understand and accept that I use any and all equipment and facilities “as-is” and at my own risk and peril, and I hold BSBJJ harmless from any and all consequences resulting therefrom, including, but not limited to, injury, malady, loss and death, regardless of the cause. I further understand that said use is voluntary and by my own choice, and I may refuse said use and/or request the use or application of alternative equipment and facilities, although BSBJJ is not obligated either to provide alternate accommodations or to compensate me for its refusal to do so.
6. From time to time, BSBJJ may host, organize or sponsor social and other extracurricular activities and events in, outside of, around and off of the Premises that may or may not be directly related to the Martial Arts Program. I understand that my involvement and/or participation in them is completely voluntary and agree that the terms of this Agreement shall extend to, and include, such events and activities.
7. In the event that BSBJJ provides transportation to the Premises or any other location where BSBJJ is conducting any activity, event or gathering, I understand that my consent to be transported is completely voluntary and hereby agree that BSBJJ shall not bear any liability for any injury, loss, destruction, death or any other similar or related consequence either to my person or my property during or as a result of such transportation, whether or not foreseeable and regardless of the cause. I further understand that BSBJJ is not obligated to provide any transportation whatsoever on any occasion, and I assume full responsibility for any injury, loss, destruction, death or other similar or related consequence either to my person or my property during or as a result of my choice of transportation.
8. I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE BSBJJ, its affiliates, owners, managers, promoters, lessees, directors, officers, agents or employees, from all liability for any and all claims, demands, losses or damages arising out of or relating to the Martial Arts Program or any events or activities hosted, organized or sponsored by BSBJJ; any action or non-action undertaken by BSBJJ; all acts of negligence on the part of BSBJJ; or any rescue/emergency actions or medical treatment undertaken by BSBJJ, if any. This Agreement shall extend to my personal representatives, assigns, executors, heirs and next of kin.
9. I further expressly agree that this Agreement is intended to be as broad and inclusive as permitted by law. Any portion that is uncertain or challenged as to its validity or enforceability shall be interpreted so that it most closely reflects the intent of the parties in entering into this Agreement, to the greatest extent permitted by law. Otherwise, if any portion herein is held invalid or otherwise legally unenforceable by a court of competent jurisdiction, both BSBJJ and I agree that the remainder of this Agreement shall remain in full force and effect.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND
ITS TERMS, UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY
WITHOUT ANY COERCION, INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A
COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY FROM BSBJJ TO THE FULLEST EXTENT PERMITTED BY LAW.
Name of Participant:
Name of Parent/Guardian:
Signature of Participant/Guardian