Carlson Gracie DFW - Liability Release – READ CAREFULLY
In consideration of the grant of permission of Carlson Gracie Jiu Jitsu Team for me to use the academy located at 2812 Trinity Square Dr, Ste 106, Carrollton, TX, 75006, and/or 3964 State Hwy 121 #750, Lewisville, TX 75056 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby acknowledge, agree and represent as follows:
1. I understand that Brazilian Jiu Jitsu is a full contact sport with an inability to maintain social distancing while participating in classes.
2. I have read and acknowledge the recommended re-opening guidelines for Carlson Gracie DFW.
3. I am in good health and have no disability, impairment, medical condition, illness, or health-related issue which may prevent me from engaging in exercise or using the academy or which poses a health risk to other users of the academy. I assume full responsibility for my medical condition as it relates to engaging in exercise and using the academy. I have consulted with a physician and have not been instructed by such physician to refrain from using the academy or not to participate in any activities of the type available in the academy.
4. I am fully aware of the risks and hazards inherent (including but not limited to the inability to maintain social distancing guidelines) in the practice of martial arts and in fitness activities and hereby assume voluntarily all risks of loss, damage, or injury (including death) that may be sustained by me or my property. This also includes the possibility of contracting colds, flus, communicable diseases, viruses, including but not limited to Coronavirus/COVID 19.
5. I have adequate insurance (including, without limitation, health insurance) necessary to provide for and pay any and all medical costs that may directly or indirectly result from my use of the academy.
6. I understand that my presence in the academy and participation in its activities involve the risk of injury or death. I hereby knowingly and freely assume all risk and responsibility for any and all damage to property or bodily and/or personal injury, including the risk of serious bodily injury or death, in connection with my use of the academy.
7. I hereby accept full responsibility for the use of, or participation in, any and all classes, services, equipment, tournaments, demonstrations, or events whatsoever owned, operated, participated in, or sponsored by Carlson Gracie DFW, whether traveling on-site or off-site and hereby release and agree to hold harmless Carlson Gracie DFW, its owners, officers, directors, members, employees, representatives, and agents from any and all loss, claim, injury, damage, or liability sustained or incurred by Student/Member resulting therefrom.
8. I hereby release, discharge, and covenant not to sue (and relinquish my rights to sue) Carlson Gracie DFW, its members, officers, agents (including managing agent) employees, independent contractors, and their respective successors and/or assigns, from and with respect to any and all liability, claims, demands, actions, suits, rights, and/or causes of action of whatever kind or nature, now or hereafter existing, whether known or unknown, present or future, foreseen or unforeseen, whether caused by the negligence of Carlson Gracie DFW or otherwise, that may arise from my use of the academy, including, without limitation, any damage to property or bodily and/or personal injury in connection therewith.
9. I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose, substance, and/or effect are to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release. This means, in part, that I am hereby releasing any and all unknown future claims.
10. I agree to indemnify and hold harmless Carlson Gracie DFW from and against any loss, damage, claim, suit, liability, demand, cost and/or expense, paid or incurred by Carlson Gracie DFW or asserted against any of them (including attorney’s fees, court costs, and disbursements) caused in whole or in part by or arising directly or indirectly out of my use of the academy and/or my breach of this academy release and waiver.
11. Carlson Gracie DFW has advised me not to bring valuable personal property into the academy. I assume full responsibility for any loss or damage to my personal property which may occur at the academy. Carlson Gracie DFW shall not be liable for the loss, theft, or damage of any personal property located anywhere in the academy.
12. This academy release and waiver has been executed by me and may not be used by any other person for the purpose of using the academy.
13. I have received a copy of the academy rules and regulations and agree to abide by them and any amendments to them hereafter adopted. I agree that Carlson Gracie DFW may suspend or revoke my right to use the academy upon determining, in its sole discretion, that I have materially violated the academy rules and regulations or that I have materially breached the terms of this academy release and waiver.
14. Carlson Gracie DFW may repair, at my expense, all damage to the academy caused by me, and I agree to pay Carlson Gracie DFW on demand any amounts so expended.
15. This academy release and waiver covers any and all liability, claims, and actions caused entirely, or in part, by any and all acts or failures to act on my part, including but not limited to, negligence or mistake.
16. This academy release and waiver shall also bind my assigns, heirs, executors, administrators, distributees, guardians, and next of kin.
17. This academy release and waiver shall be governed by the laws of the State of Texas.
18. If any term or provision of this academy release and waiver is held to be illegal, invalid or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid or unenforceable under present or future laws, then and in such event, it is the express intention of the parties that the remainder of this academy release and waiver, or the application of such terms, clauses or provision other than to those as to which it is held illegal, invalid or unenforceable, shall not be affected thereby, and each term, clause or provision of this academy release and waiver, and the application thereof, shall be legal, valid and enforceable to the fullest extent permitted by law.
19. This academy release and waiver constitutes the entire agreement of the parties with respect to the subject matter of this academy release and waiver and supersedes all prior agreements, understandings, negotiations, statements, promises, and discussions, oral and written, between the parties hereto with respect to the subject matter of this academy release and waiver.
20. The provisions of this academy release and waiver will continue in full force and effect even after the termination of the activities conducted by me at the academy.
21. I have read and fully understand the terms of this academy release and waiver, and that I may have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement. I agree to abide by and be bound by the terms and conditions of this academy release and waiver. I have had an opportunity to consult counsel regarding this academy release and waiver.
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