In consideration of the risk of injury I am or as (guardian of minor) voluntarily participating in Brazilian Jiu-Jitsu (activity), and as consideration for the right to participate in the activity, I hereby for myself or as (guardian of minor), my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the activity, and do hereby release and forever discharge Aloha Roll Academy LLC located at 142 Kupuohi St. F2, Lahaina, Hawaii, 96761, and their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned activity, including traveling to and from an event related to this activity, nonetheless, I assume or as (guardian of minor), all related risks, both known and unknown to me .
I am or as (guardian of minor), agree to indemnify and hold harmless Aloha Roll Academy LLC against any and all claims suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf or as (guardian of minor), including attorney's fees and any related cost, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf or as (guardian of minor). If Aloha Roll Academy LLC incurs any of these types of expenses, I agree to reimburse Aloha Roll Academy LLC.
I am or as (guardian of minor), acknowledge that Aloha Roll Academy LLC. and their directors, officers, volunteers, representatives, and agents are not responsible for errors, omissions, acts of failures to act of any party or entity conducting a specific event or activity on behalf of Aloha Roll Academy LLC.
I am or as (guardian of minor), acknowledge that this activity may involve a test of a persons physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risk may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and or producers of the event.
I am or as (guardian of minor), acknowledge that I have carefully read this ''waiver and release'' and fully understand that it is a release of liability. I expressly agree to release and discharge Aloha Roll Academy LLC. and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree or as (guardian of minor) to voluntarily give up or waive any right that I otherwise have to bring a legal action against or as (guardian of minor),. for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence,recklessness, or gross negligence on the part of Aloha Roll Academy LLC., its agents and employees.
In the event that any damage to equipment or facilities occurs as a result of my or my families willful actions, neglect or recklessness, I am or as (guardian of minor) acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This agreement was entered into at arms-length, without duress or coercion and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the participant, or (guardian of minor), and Aloha Roll Academy LLC. agree that this agreement is clear and unambiguous as to its terms and that no other evidence will be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into
in the event that any provision contained within this release of liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect as long clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I am the undersigned or as guardian of a minor hereby consent to Aloha Roll Academy LLC. the use of videos, photos, audio of the activity or competition for the purpose of promoting the academy and the sport in multiple social media outlets, tv, radio and but not limited to the ones now known.
I am the undersigned participant or as (guardian of minor) , affirm that I am of the age of 18 years or older or as (guardian of minor), and that I am freely signing this agreement as (guardian of minor). I certify that I have read this agreement as (guardian of minor), that I fully understand its content for myself or as (guardian of minor) and that this release cannot be modified orally. I am aware that this is a release of liability for myself or as (guardian of minor) and a contract and that I am signing it of my own free will for myself or as (guardian of minor).
COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION
1. I agree that I am personally responsible for my safety and actions while using the Aloha Roll Academy LLC. I agree to comply with all Aloha Roll Academy LLC policies and rules, including but not limited to all Aloha Roll Academy LLC policies, guidelines, signage, and instructions. Because the Aloha Roll Academy LLC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.
With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue the Aloha Roll Academy LLC, its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party using the Aloha Roll Academy LLC, or otherwise, while
participating in any activity while in, on, or around the Aloha Roll Academy LLC and/or while using any Aloha Roll Academy LLC facilities, tools,
equipment, or materials.
2. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs,
expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the Aloha Roll Academy LLC, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.
3. By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using the Aloha Roll Academy LLC to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Hawaii law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the State of Hawaii lifts all COVID-19 related mandates.
Media Consent for Aloha Roll Academy I consent to the use and disclosure of the image, quotes, name, the participation in interviews, and the taking of photographs, recordings, and videos of the Student named above by the Aloha Roll Academy I grant theAloha Roll Academy the right to disclose, edit, use, and reuse the Student’s image, quotes, name, and interviews, and photographs, recordings, and videos of the Student for the Aloha Roll Academy’s purposes. This includes use in print, on broadcasts, in online spaces (such as the Aloha Roll Academy website and social media accounts), and all other forms of media. I understand that when the Academy hosts a public event, individuals at the event may take their own photographs, videos and audio of the event, that such recordings may capture me or my child, and that they may also be made public. I also release the Aloha Roll Academy , its agents, and employees from all claims, demands, and liabilities in connection with the rights granted above.
Aloha Roll Academy LLC. is a friendly and welcoming academy, but we expect the best behavior of you and your family at all times, personal hygiene must be at all times a priority for respect to your fellow partners, we also expect a clean and in good condition Gi (uniform)with an Aloha Roll Academy Patch on the Back , all the students must always wear a Gi with ARA Patch On the back or Rash guard with Logo on the back for No-Gi classes while training in Aloha Roll Academy LLC. if you don't have a Gi at the time of a scheduled class the academy will have a clean and in good condition Gi for rent and or purchase or Rash guard.
Aloha Roll Academy LLC
142 Kupuohi St. F2, Lahaina, HI 96761
“I represent and acknowledge that I have been provided with the opportunity to discuss and review the terms of this release with my attorney before signing it on behalf of myself and/or any minor, and that I am freely and voluntarily signing this document. I also represent and acknowledge that I have been provided a reasonable period of time within which to review the terms of this release.”