RELEASE OF WAIVER, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
Member Name: {name}
Date: {sign_date}
1. VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK
I understand and acknowledge that the study and practice of Brazilian Jiu-Jitsu, grappling, and martial arts involve specific, inherent risks that cannot be eliminated regardless of the care taken by the Academy. I acknowledge that these risks include, but are not limited to:
- Physical Injury: Sprains, strains, fractures, concussions, dislocations, spinal cord injuries, torn ligaments, heart attacks, temporary or permanent disability, paralysis, and death.
Contact Risks: Unintentional strikes, chokes, joint locks, throws, and contact with other participants, the floor, walls, or equipment.Environmental & Health Risks: Skin infections (including but not limited to Ringworm, Staph, MRSA, Herpes Gladiatorum), communicable diseases (including COVID-19 and influenza), and hyperthermia/dehydration.Premises Liability: Slips, trips, and falls within the facility, including locker rooms, restrooms, and waiting areas.
I voluntarily and knowingly assume full responsibility for all such risks, both known and unknown, even if arising from the negligence of the Released Parties.
2. RELEASE AND WAIVER OF LIABILITY
To the fullest extent permitted by law, I hereby forever release, waive, discharge, and covenant not to sue the Academy, its owners, directors, officers, instructors, employees, volunteers, agents, affiliates, landlords, and facility owners (collectively, the "Released Parties") from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, whether caused by the ordinary negligence of the Released Parties, or otherwise, while participating in such activity, or while in, on, or upon the premises where the activity is being conducted.
3. INDEMNIFICATION AND HOLD HARMLESS
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, lawsuits, liabilities, and claims, including reasonable attorneys’ fees and court costs, arising from or related to:
- (a) My participation in the Academy’s activities;
- (b) Any injury or damage I may cause to another person or property;
- (c) My breach of this Agreement.
4. MEDICAL CONSENT AND NO DUTY TO ACT
I certify that I am physically able to participate in strenuous physical activity and have no medical condition that would make my participation hazardous to myself or others. I acknowledge that the Academy has no duty to provide medical assistance or establish a medical emergency plan. However, in the event of an injury or emergency, I authorize the Academy and its agents to secure emergency medical treatment on my behalf if I am incapacitated. I agree to assume all costs of emergency medical care and transportation.
5. PERSONAL PROPERTY
I acknowledge that the Academy is not responsible for lost, stolen, damaged, or destroyed personal property brought onto the premises, including vehicles parked in the parking lot. I agree to keep my personal belongings secure and assume sole responsibility for them.
6. COMMUNICABLE ILLNESS & HYGIENE POLICY
I agree strictly to the Academy’s hygiene standards. I will not train if I have any open wounds, active skin infections, or symptoms of communicable illness (fever, cough, etc.). I understand that the Academy reserves the right to deny training privileges to anyone exhibiting symptoms of illness or poor hygiene to protect the safety of the student body.
7. MEDIA AND MARKETING RELEASE
I grant the Academy and its agents the irrevocable right and permission to photograph, video record, and/or audio record me during classes, events, or on the premises. I grant the Academy permission to use these materials for promotional, marketing, and educational purposes in any medium (web, print, social media) without compensation or further notice.
8. POLICY ACKNOWLEDGMENT
I acknowledge that membership billing, cancellation, and freeze policies are defined in a separate Membership Agreement. I specifically acknowledge that:
- Only ACTIVE memberships may be canceled (Frozen accounts cannot be canceled).
- Cancellation requires a mandatory 30-day written notice.
- Freezes are limited to three (3) months per twelve (12) month period.
- Billing resumes automatically after a freeze expires.
9. SEVERABILITY AND GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. If any portion of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect. I agree that this Release is intended to be as broad and inclusive as is permitted by the law of this jurisdiction.
10. ARBITRATION AND WAIVER OF JURY TRIAL
In the event of any dispute arising out of or relating to this Agreement, I agree that such dispute shall be resolved by binding arbitration in the jurisdiction where the School is located, and I hereby waive my right to a trial by jury.
I HAVE READ THIS RELEASE OF WAIVER AND CLAIM AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
I AGREE TO THIS RELEASE OF WAIVER AND CLAIM AGREEMENT.
Member Signature:
Date: {sign_date}
Initials: