RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, PARENTAL CONSENT, INDEMNIFICATION, AND ARBITRATION AGREEMENT
IMPORTANT: THIS IS A LEGALLY BINDING DOCUMENT. BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT FOR NEGLIGENCE. PLEASE READ CAREFULLY BEFORE SIGNING.
ACKNOWLEDGMENT OF RISKS
I acknowledge that participation in martial arts activities, including but not limited to Brazilian Jiu-Jitsu, self-defense training, sparring, drilling, competition training, conditioning, fitness activities, private lessons, seminars, online instruction, virtual training, and related activities (collectively, the “Activities”), involves inherent and significant risks.
These risks include, without limitation:
Sprains, strains, cuts, bruises, and contusions; Fractures and broken bones; Joint injuries, dislocations, and ligament tears; Neck, spinal, and back injuries; Concussions and traumatic brain injuries; Choking, strangulation, and loss of consciousness; Permanent disability; Paralysis; Exposure to communicable diseases and infections; Property damage; Death.
I understand that these risks may result from my own actions, the actions of others, the condition of the premises, the condition of equipment, instruction provided, rescue efforts, or the NEGLIGENCE of the Released Parties as defined below.
I acknowledge that no amount of care, supervision, instruction, or facility management can eliminate all risks associated with participation.
ASSUMPTION OF RISK
I voluntarily choose to participate in the Activities and knowingly and freely assume all risks, known and unknown, foreseeable and unforeseeable, even if arising from the NEGLIGENCE of the Released Parties.
I understand that participation is entirely voluntary and that I may discontinue participation at any time.
I further agree that if I observe any unsafe condition, equipment defect, facility hazard, or conduct that I believe creates an unreasonable risk, I will immediately cease participation and notify staff.
RELEASE AND WAIVER OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE:
The martial arts school; Gracie Barra; All affiliated Gracie Barra entities; Owners, officers, directors, shareholders, members, managers, instructors, coaches, employees, contractors, volunteers, agents, representatives, successors, and assigns; Landlords and property owners; Event hosts, sponsors, promoters, organizers, and operators; Any affiliated entities involved in providing Activities;
(collectively referred to as the “Released Parties”).
FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES ARISING OUT OF OR RELATED TO PARTICIPATION IN THE ACTIVITIES, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES.
THIS RELEASE APPLIES TO CLAIMS FOR PERSONAL INJURY, BODILY INJURY, ILLNESS, PROPERTY DAMAGE, WRONGFUL DEATH, ECONOMIC LOSS, AND ALL OTHER LOSSES OF ANY KIND.
FLORIDA PARENTAL WAIVER OF MINOR CLAIMS IF THE PARTICIPANT IS A MINOR, THE UNDERSIGNED PARENT OR LEGAL GUARDIAN ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT IS EXECUTED PURSUANT TO APPLICABLE FLORIDA LAW, INCLUDING FLORIDA STATUTE 744.301(3), TO THE FULLEST EXTENT PERMITTED BY LAW.
THE PARENT OR LEGAL GUARDIAN INTENDS TO RELEASE, WAIVE, AND BAR ANY NEGLIGENCE CLAIMS THAT THE MINOR MAY OTHERWISE HAVE AGAINST THE RELEASED PARTIES ARISING FROM PARTICIPATION IN THE ACTIVITIES.
GROSS NEGLIGENCE EXCEPTION
Nothing in this Agreement shall be construed to release, waive, or limit claims arising from gross negligence, reckless misconduct, intentional misconduct, or any claim that cannot legally be waived under applicable law.
MEDICAL AUTHORIZATION
In the event of injury, illness, accident, or medical emergency, I authorize the Released Parties to obtain emergency medical treatment for the Participant if deemed necessary.
I understand that the Released Parties have no duty to provide medical care.
I agree to be solely responsible for all medical expenses, transportation costs, hospital charges, physician fees, rehabilitation expenses, and any related costs.
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, judgments, settlements, losses, costs, and attorneys’ fees arising out of:
My participation or the Participant’s participation in the Activities; Any claim brought by or on behalf of the Participant; Any claim brought by family members, heirs, representatives, or third parties arising from participation in the Activities; Any damage caused by the Participant.
This obligation includes the cost of defending such claims.
COMMUNICABLE DISEASES
I understand that participation in Activities may involve exposure to communicable diseases, viruses, bacteria, infections, and other health conditions.
I voluntarily assume all risks associated with such exposure and release the Released Parties from any claims arising from such exposure to the fullest extent permitted by law.
ONLINE TRAINING AND VIRTUAL PARTICIPATION
For any online, remote, virtual, recorded, livestreamed, or digital instruction, I acknowledge that the Released Parties cannot supervise the training environment and cannot ensure participant safety.
I voluntarily assume all risks associated with virtual participation and release the Released Parties from liability arising therefrom to the fullest extent permitted by law.
PHOTOGRAPHY, VIDEO, AND MEDIA RELEASE
I grant the Released Parties the unrestricted right to photograph, videotape, livestream, record, and otherwise capture my image, likeness, voice, name, and participation.
I authorize the use of such materials for instructional, educational, promotional, advertising, marketing, social media, website, and commercial purposes without compensation, notice, or further approval.
This authorization shall remain in effect indefinitely unless prohibited by law.
PRIVACY AND DATA USE ACKNOWLEDGMENT
By signing this Agreement, I acknowledge that personal information provided to the martial arts school may be collected, stored, processed, and shared among affiliated Gracie Barra entities for purposes including:
Membership administration; Training support; Program communications; Customer service; Educational resources; Promotional offers; Brand-related benefits and services.
Information will not be sold to unrelated third parties. Requests regarding access, correction, or communication preferences may be directed to the martial arts school.
ARBITRATION AGREEMENT
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR PARTICIPATION IN THE ACTIVITIES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION.
The arbitration shall be conducted in the State of Florida pursuant to the rules of the American Arbitration Association then in effect.
The parties waive any right to a jury trial.
The parties further waive participation in any class action, collective action, or representative proceeding.
GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of law principles.
To the extent any matter is not subject to arbitration, exclusive venue shall lie in the state or federal courts located in the county where the martial arts school is located, and the parties consent to the jurisdiction of those courts.
SEVERABILITY
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
The parties intend that any invalid provision be modified to the minimum extent necessary to make it enforceable.
ELECTRONIC SIGNATURES
Electronic signatures, digital acknowledgments, and online acceptance of this Agreement shall be deemed equivalent to original handwritten signatures and shall be fully enforceable.
ACKNOWLEDGMENT
I acknowledge that:
I have carefully read this Agreement in its entirety; I fully understand its terms; I understand that I am giving up substantial legal rights; I understand that I am releasing claims for NEGLIGENCE; I am signing voluntarily and without coercion; I intend for this Agreement to be a complete and unconditional release to the fullest extent permitted by law.