WAIVER AND RELEASE FROM LIABILITY
The undersigned participant, {name} , on behalf of him or herself if eighteen (18) years of age or older, or if under eighteen (18) years of age by his or her parent or legal guardian (“Participant”) in consideration of being permitted to participate in any way in the martial arts program of Gorilla Jiu-Jitsu, LLC (“Kroyler Gracie Jiu-Jitsu”) does hereby waive and release, indemnify, save and hold Kroyler Gracie Jiu-Jitsu harmless from any loss, liability, attorney’s fees, damages, or costs, and its agents, employees, officers, directors, affiliates, successors and assigns, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that Participant ever had or may have, arising from or in any way related to Participant’s participation in the martial arts program conducted by, on the premises of, or for the benefit of, Kroyler Gracie Jiu-Jitsu, provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.
Participant understands that the activities that he/she will participate in may be dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death, as Participant will be engaging in martial arts training. Participant, on behalf of him or herself, his or her heirs, assigns and next of kin, waives all claims for damages, injuries and death sustained by Participant or his/her property that Participant may have against the aforementioned released party to such activity.
By this Waiver, the Participant assumes any risk, and takes full responsibility and waives any claims of personal injury, death or damage to Participant’s personal property associated with the Participant’s participation in the martial arts program, including but not limited to participating in martial arts classes or other activities at the Kroyler Gracie Jiu-Jitsu facility, using the facility and its equipment in any manner, form or fashion, in practicing and/or engaging in martial arts activities, or other related activities.
The Participant further understands and agrees to strictly obey all instructors and observe safety rules. Because of the physical demands of martial arts and/or personal defense instruction Participant understands that he/she must be in good physical condition to participate. Participant understands that in case of injury, the only medical treatment Kroyler Gracie Jiu-Jitsu will provide is first aid.
This waiver and release contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this waiver and release. The provisions of this waiver and release may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties. The provisions of this waiver and release will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of Kroyler Gracie Jiu-Jitsu, whether by agreement, by operation of law, or otherwise.
Media Waiver and Release. Participant hereby authorizes Kroyler Gracie Jiu-Jitsu to record his or her picture and voice on photographs, films, audio, digital media and videotapes, to edit these recordings at its discretion, and to incorporate these recordings into movie and sound films or audio and videotapes, broadcasts (e.g., radio and television, including cable and satellite transmissions, and social media), or otherwise and to use and license others to use such recordings, movie and sound films, audio and videotapes, and broadcast programs in any manner of media whatsoever, including unrestricted use for purposes of publicity, advertising and sales promotion and to use Participant’s name, likeness, voice and biographic or other information in connection therewith.
Participant further agrees to indemnify and save harmless Kroyler Gracie Jiu-Jitsu, its licensees, agents, successors and assigns, from any and all claims and liability for damages, losses or expenses of any sort arising from the making of such recordings and their use. Participant further acknowledges that there were no promises of any compensation for such use by Kroyler Gracie Jiu-Jitsu or by anyone associated with Kroyler Gracie Jiu- Jitsu and, that Kroyler Gracie Jiu-Jitsu exclusively owns all rights to these recordings regardless of the form in which they are produced or used.
No Refunds. Participant further understands and agrees that Kroyler Gracie Jiu-Jitsu does not provide a refund (partial or otherwise) in the event that Participant is unable to participate in the sport during any time period which membership at Kroyler Gracie Jiu-Jitsu has been pre-paid. All funds paid to Kroyler Gracie Jiu-Jitsu, whether for clothing, fitness supplies, membership dues, travel, or for any other purpose, are non-refundable. Participant also understands that if Participant needs to pause non-prepaid membership, Participant will provide thirty (30) days advanced notice.
Emergency Treatment. In the event of an emergency, Participant hereby authorizes Kroyler Gracie Jiu- Jitsu to administer emergency treatment for any accident or illness and to act in Participant’s stead in approving necessary medical care. Participant also authorizes any licensed medical personnel to perform any accepted medical procedure and/or treatment deemed necessary and reasonable under the circumstances, and Participant also agrees to bear the expense of any such medical procedure and/or treatment, and to defend and indemnify Kroyler Gracie Jiu-Jitsu and the members from any costs arising out of or related to such medical procedure and/or treatment.
Acceptance of Agreement. I, {name} (the Participant), HAVE READ, UNDERSTAND AND FULLY AGREE TO THE TERMS OF THIS WAIVER AND RELEASE. I UNDERSTAND AND CONFIRM THAT BY SIGNING THIS WAIVER AND RELEASE I HAVE GIVEN UP CONSIDERABLE FUTURE LEGAL RIGHTS. I HAVE SIGNED THIS AGREEMENT FREELY, VOLUNTARILY, UNDER NO DURESS OR THREAT OF DURESS, WITHOUT INDUCEMENT, PROMISE OR GUARANTEE BEING COMMUNICATED TO ME. MY SIGNATURE IS PROOF OF MY INTENTION TO EXECUTE A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE OF ALL LIABILITY TO THE FULL EXTENT OF THE LAW. I AM EIGHTEEN (18) YEARS OF AGE OR OLDER, OR IF UNDER EIGHTEEN (18) YEARS OF AGE, CERTIFY OR REPRESENT BY MY PARENT AND/OR LEGAL GUARDIAN SIGNING THIS FORM, THAT I AM MENTALLY COMPETENT TO ENTER INTO THIS WAIVER, AND REPRESENT THAT I AM NOT CURRENTLY UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, NOR WILL I ENGAGE IN ANY TRAINING ACTIVITIES UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.
PARTICIPANT:
If under eighteen (18) years of age, his/her Parent or Legal Guardian must also sign below.
If eighteen (18) years or older:
Date: {sign_date}
Kroyler Gracie Jiu-Jitsu