This is a legal document, and thus may affect your legal rights. Please take as much time as needed to carefully read the whole document before signing it. If any doubts should arise regarding any terms on this document, immediately contact a MRJJA representative for clarification. The signing of this document implicates that you have thoroughly read it, fully understood its terms and voluntarily accepted them.
PARTICIPANT RELEASE, ACKNOWLEDGEMENT OF RISK AND WAIVER OF LIABILITY AGREEMENT
Regarding the services provided by the Mario Roberto Jiu-Jitsu Association and/or Mario Roberto Jiu-Jitsu Academy and/or Mario Roberto Vaz Carneiro Filho and/or Jiu-Jitsu World Enterprises LLC and/or MRJJA and/or their owners, directors, staff, instructors, representatives, executors, officials, officers, agents, assigns, employees, volunteers, sponsors, partners, members, participants, heirs, successors, and any other persons or entities directly or indirectly involved with them, or acting in any capacity on their behalf (from now on collectively referred to as “MRJJA”), I hereby agree to release and discharge MRJJA on behalf of myself, my children, my heirs, my parents, next of kin, successors, assigns, administrators, personal and legal representatives and estate as follows:
I. I fully understand and hereby acknowledge the fact that participation in any MRJJA activities and the practice of any martial arts and/or fitness activities (including but not limited to any classes offered by MRJJA) are, due to their very nature, hazardous activities. I understand that these activities entail both known and unanticipated risks, which could result in physical or emotional injury, paralysis, death, damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities. These risks include, but are not be limited to: bruises, contusions, strains, sprains, lacerations, cuts, concussions, bone fractures, dislocations, hand injuries, knee injuries, shoulder injuries, back injuries, cauliflower ears, dental damage, musculoskeletal trauma, soft tissue trauma, internal injuries, heart attacks, strokes, and other serious injuries that may result in paralysis, death and/or property damage. Such injuries may occur during any MRJJA activities, including but not limited to warming up, exercising, stretching, weightlifting, cardiovascular training, technical practice, drilling, sparring and competition. I understand that MRJJA will constantly try to provide the safest possible environment for myself and others, but I also acknowledge the impossibility of guaranteeing absolute safety at any time. Furthermore, MRJJA instructors, representatives, staff and employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness, abilities or medical conditions. They might misjudge conditions during any activities. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
II. I expressly agree and promise to accept and assume all of the risks existing in these activities. My participation in these or any other MRJJA activities is purely voluntary, and I willingly elect to participate in spite of the risks.
III. I hereby voluntarily release from liability, waive and forever discharge, and agree to indemnify and hold harmless MRJJA from any and all claims, demands or causes of action which are in any way connected with my participation in these activities or my use of MRJJA’s equipment or facilities, including any such claims which allege negligent acts or omissions of MRJJA.
IV. I certify that I have no medical or physical conditions which could interfere with my safety in this activity or else I am willing to assume — and bear the costs of — all risks that may be caused, directly or indirectly, by any such condition. I understand that MRJJA strongly recommends that I consult a physician before undertaking any program of strenuous exercise such as the practice of martial arts. I also certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in any activities with MRJJA, or else I agree to fully bear the costs of such injury or damage myself.
I understand that MRJJA is not responsible for providing any sort of insurance coverage for my person or my property.
I acknowledge that I am responsible for my safety and my own health care needs, and for the protection of my property.
V. Should MRJJA or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs. In the event that I file a lawsuit against MRJJA, I agree to do so solely in the state of Minnesota, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. Every part of this Agreement will be considered servable. I also agree that, if for any reason, any portions of this Agreement are found to be void or unenforceable, the remaining portions and term shall remain in full force and effect.
VI. I am aware that MRJJA requires strict adherence to safety protocols. I agree to fully abide by these standards or to accept immediate dismissal from any activities and possible termination of my membership for refusing to adhere to them.
VII. I hereby grant MRJJA the right to photograph or film me during my participation in any MRJJA
activities and to use this footage, without the need for my written consent, for any purposes including promotional ones.
I understand that this is a legal document. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in MRJJA activities, I may be found by a court of law to have waived my right to maintain a lawsuit against MRJJA on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have understood this Release and I fully understand all of its terms, and I agree to be bound by them. I execute it voluntarily and with full knowledge of its meaning and significance.
IF PARTICIPANT IS EIGHTEEN YEARS OF AGE OR OLDER
I hereby declare that I have reached the age of 18 years; that I have carefully read all of the foregoing, that I fully understand its contents; that I have given this release and waiver of my own free will; and that this release and waiver binds myself, my children, my heirs, my parents, next of kin, successors, assigns, administrators, personal and legal representatives and estate.
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IF PARTICIPANT IS UNDER EIGHTEEN YEARS OF AGE
I am the parent and/or legal guardian of (print minor’s name) (“Minor”) and as such, sign the release and waiver on his/her behalf with full understanding of its contents, and declaring that I have given this release and waiver of my own free will. I further agree to indemnify and hold harmless MRJJA from any and all claims which are brought by or on behalf of Minor, and which are in any way connected with such use or participation by Minor. I understand and agree that this release and waiver binds Minor’s parents, legal guardians, children, heirs, next of kin, successors, assigns, administrators, personal and legal representatives and estate.
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