JAY PAGES JIU-JITSU & MMA, LLC RELEASE OF LIABILITY WAIVER
In consideration of being permitted to participate in any way in the Martial Arts Program indicated below and/or being Permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the general public is prohibited), the parent(s) and/or legal guardian(s) of the minor participant named below agree:
- The parent(s) and/or legal guardian(s) will instruct the minor participant that prior to participating in the below martial arts activity or event, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate. I understand and agreed that, if at any time, I feel anything to be UNSAFE, I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
- I/WE fully understand and acknowledge that: (a) There are risks and dangers associated with participation in martial arts events and activities which could result in bodily injury partial and/or total disability, paralysis and death.(b) The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.(c) These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named below.(d) There may be other risks not known to us or are not reasonably foreseeable at his time.
- I/WE accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below.
- EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
- I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the martial arts facility used by the participant , including its owners, managers, promoters, lessees of premises used to conduct the martial arts event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the martial arts facility or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as “Releasee”...FROM ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BECAUSE IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.
- I/WE HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
- On behalf of the participant and individually, the undersigned partner(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite this release, the participant makes a claim against any of the Releasees, the parent(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on their behalf, and hold them harmless.
- Specifically, participant agrees to hold harmless the School and all other individuals, organizations, sponsors, promoters, operators, hosts, instructors, associations, schools, owners, officials, directors, employees and other participants connected with the event or classes from all losses, damages, injuries, causes of actions, claims, or complaints in the event that the participant is damaged or injured in any way during the participation, instruction and/or performance of any exercise or during any activity associated with the event and/or class location or during transit to or from the event and/or class.
- I/WE further agrees to strictly obey instructors and observe safety rules.
- If instructors are not obeyed and/or safety rules are not observed resulting in serious injury and/or death and/or property damage, I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the martial arts facility used by the participant , including its owners, managers, promoters, lessees of premises used to conduct the martial arts event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the martial arts facility or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as “Releasee”...FROM ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BECAUSE IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.
- 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 in the event. Participant understands that in case of injury, the only medical treatment Jay Pages Jiu-Jitsu & MMA will provide is first aid.
- I/WE agree that any pictures, audio, or visual recordings taken of him/her in connection with the seminar or classes can be used for publication, promotion, articles, shows and advertisement without additional consent and without compensation at this time or any other time.
- In consideration for my membership at Jay Pages Jiu-Jitsu & MMA and my participation in the sport, I/WE AGREE TO RELEASE FROM ANY LEGAL LIABILITY AND AGREE NEVER TO SUE Jay Pages Jiu-Jitsu & MMA, its staff, its instructors (whether those instructors are paid by Jay Pages Jiu-Jitsu & MMA or are teaching martial arts or participating as instructors in the sport on a voluntary basis), other people who have purchased a membership at Jay Pages Jiu-Jitsu & MMA, and all of their successors, heirs, assigns, directors, officers, partners, investors, shareholders, members, agents, employees, owners, landowners, parent and subsidiary companies, and affiliated companies (collectively the members) for injury and death resulting from my participation in the sport, regardless of the cause, including the NEGLIGENCE or ALLEGED NEGLIGENCE of the members. I further AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS the members for any claims, lawsuits, damages, attorney fees, costs, investigative costs, or judgments, arising out of my participation in martial arts training and/or instruction and/or related activities and/or other recreational activities.
- I/WE UNDERSTAND THAT THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER, and will apply at any an all time I participate in the sport, whether past, present, or future, under the direction of or with the implied or actual consent of or in conjunction with or with the participation of any of the members, and that if at any time I cease to pay Jay Pages Jiu-Jitsu & MMA for membership, this RELEASE OF LIABILITY will continue to be applicable. I understand that this RELEASE OF LIABILITY will prevent me, my children, my spouse, friends, family, or my heirs from filing a suit or making any claim for damages in the event of injury or death arising from my participation in the sport which may occur under the direction of or with the implied or actual consent of or in conjunction with or with the participation of any of the members. Additionally, in the event that I or any of my agents, heirs, attorneys, legal representatives, or assigns file a claim or lawsuit arising out of or relating in any way to my participation in the sport, I AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE MEMBERS FOR ANY DAMAGES, ATTORNEY FEES, OR COSTS ARISING OUT OF SUCH A CLAIM OR LAWSUIT. With full understanding of this agreement, I nevertheless enter into it freely and voluntarily and agree that it is binding upon me, my child, my heirs, my spouse, my agents, and my assigns. It is my intention that this release will be effective to bar any and all claims, of any kind known or unknown, suspected or unsuspected, arising out of or related to the activities. I expressly waive all rights!
- I/WE further understand and agree that Jay Pages Jiu-Jitsu & MMA DOES NOT PROVIDE A REFUND (partial or otherwise) in the event that I am unable to participate in the sport during any time period which membership at Jay Pages Jiu-Jitsu & MMA has been pre-paid. All funds paid to Jay Pages Jiu-Jitsu & MMA, whether for clothing, fitness supplies, membership dues, or for any other purpose, are NON-REFUNDABLE.
- In the event of an emergency, I hereby authorize Jay Pages Jiu-Jitsu & MMA to administer emergency treatment to me for any accident or illness and to act in my stead in approving necessary medical care. I also authorize any licensed medical personnel to perform any accepted medical procedure and/or treatment deemed necessary and reasonable under the circumstances, and I also agree to bear the expense of any such medical procedure and/or treatment, and to DEFEND AND INDEMNIFY Jay Pages Jiu-Jitsu & MMA and the members from any costs arising out of or related to such medical procedure and/or treatment.
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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. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
- Jay Pages Jiu-Jitsu & MMA has put in place preventative measures to reduce the spread of COVID-19; however, Jay Pages Jiu-Jitsu & MMA cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the academy could increase your risk and your child(ren)’s risk of contracting COVID-19.
- By initialing below and signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the Jay Pages Jiu-Jitsu & MMA Training Center and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Jay Pages Jiu-Jitsu & MMA Training Center may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Jay Pages Jiu-Jitsu & MMA Training Center employees, volunteers, and program participants and their families.
- I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the Jay Pages Jiu-Jitsu & MMA Training Center or participation in Jay Pages Jiu-Jitsu & MMA Training Center programming (“Claims”).
- On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the Jay Pages Jiu-Jitsu & MMA Training Center, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Jay Pages Jiu-Jitsu & MMA Training Center, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Jay Pages Jiu-Jitsu & MMA Academy program.
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I/WE ACKNOWLEDGE THAT I HAVE BEEN GIVEN AN OPPORTUNITY TO FULLY REVIEW THIS DOCUMENT, INCLUDING THE OPPORTUNITY TO HAVE LEGAL COUNSEL OF MY CHOOSING REVIEW IT IFI SO DESIRED, AND I ACKNOWLEDGE THAT I AM SIGNING IT WITH FULL UNDERSTANDING OF ITS TERMS AND CONDITIONS, INCLUDING ANY AND ALL RESPONSIBILITIES AND RISKS I ASSUME AS A RESULT OF SIGNING IT AND THAT I HAVE BEEN GIVEN A COPY OF THIS DOCUMENT IF I HAVE SO REQUESTED.
I/WE HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
I/WE HAVE READ AND UNDERSTAND THIS RELEASE AND AGREEMENT AND AGREE TO ITS PROVISIONS. I AM NOT UNDER THEIR INFLUENCE OF ANY DRUGS, ALCOHOL, OR OTHER INTOXICANTS. I AM NOT SUFFERING FROM ANY ILLNESS OR INCAPACITY. I AM OVER 18 YEARS OF AGE. (IF NOT OVER 18 YEARS OF AGE, PARENT OR GUARDIAN MUST SIGN.)
Please type full name agreeing you have thoroughly read and agree to all of the above terms!