ASSUMPTION OF RISK, GENERAL RELEASE AND WAIVER OF LIABILITY
I am aware that during martial arts training or other activities in which I am participating or plan to participate under the sponsorship or arrangement (hereafter referred to collectively as, “activities”) of Spring Mount Jiu-Jitsu, LLC. d/b/a Precision Jiu- Jitsu Spring Mount and any successor or affiliated entity thereof (hereafter, “Precision”), certain risks and dangers may exist. I fully understand and acknowledge that:
there are risks, hazards and dangers associated with participation in the activities and instructions related thereto which could result in bodily injury, partial and/or total disability, paralysis and, possibly, death;
the activities and related instructions involve being in close proximity with other individuals (distances less than social distancing recommendations);
the activities and related instructions involve putting oneself in close proximity with various surfaces, materials and individuals over whom Precision has no control or responsibility;
the social and economic losses and/or damages which could result from such risks, hazards and dangers described above, could be severe and irreversible;
such risks, hazards and dangers may be caused by my action, inaction or negligence, or the action, inaction or negligence of others, including, but not limited to, Precision, all or any of its owners, directors, officers, members, managers, instructors, independent contractors, representatives, agents, employees, volunteers, independent contractors, vendors, employees, students/members and/or landlord (“Releasees”);
there may be other risks, such as the present of disease not known to me or which are not reasonably foreseeable at this time; and
there is no way to eliminate all possible or potential risks, hazards or dangers associated with the activities I might participate in or instructions I might be exposed to at Precision.
I expressly accept and assume any and all risks, hazards and dangers and responsibility for any and all losses and/or damages following any such injury, damage, disability, paralysis or death, however caused, and whether caused in whole or in part by the actual or alleged negligence of the Releasees while participating in any activity or the activities related to or arising from Precision or its training or instructions.
I agree and represent that I will not enter Precision’s facilities or engage in any of the activities if: (i) I have a fever, (ii) I feel sick, (iii) I have been exposed to anyone with either a fever or illness or contagious disease or virus of any kind, or (iv) I have not showered either immediately before or within a reasonable time before entering the facilities or engaging or attempting to engage in any of the activities. Further, I represent that if I have contracted any infectious disease, COVID-19 or was exposed to anyone who was so diagnosed, I will immediately notify Precision, in writing. Precision will maintain confidentiality of any such information. I understand that any failure to honor the representations in this paragraph constitute grounds for the immediate termination of my membership and participation in any activities or events by Precision.
In consideration of the right to participate in any activities herein, I hereby agree to indemnify, defend and hold harmless the Releasees from all actions, losses, causes of action, demands, damages, suits and any and all claims, demands, settlements or compromises and liabilities whatsoever, both in law and equity, against Releasees which I now have or may acquire arising out of or in connection with my participation in or returning from any of the activities or instruction offered, arranged, affiliated or sponsored by Precision. I further agree to observe all safety rules as presented by Precision and any governmental authorities.
I, FOR MYSELF, MY SPOUSE OR CIVIL PARTNER, MY PERSONAL REPRESENTATIVE(S), ASSIGNS, EXECUTORS, ADMINISTRATOR(S), HEIR(S), NEXT OF KIN AND ANY PERSON/ENTITY ON MY BEHALF (“Releasors”) HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Precision or any Releasees for any and all actions, losses, causes of action, demands, damages, suits, settlements or compromises, charges, expenses, fees (including, but not limited, to reasonable attorneys’ fees), alleged, threatened or actual liabilities whatsoever, both in law and equity, whether known or unknown, including, but not limited to, death, damage to property or personal or economic injury, arising out of, relating to, in connection with or actually or allegedly caused by, in whole or in part, the actual or alleged negligence of the Releasees, my signing this document or participation in and returning from any activities, including, but not limited to, any instruction, exercises, training, special or limited time programs, tournaments, classes, or other offerings provided, arranged, sponsored or given by the Releasees or otherwise.
I FURTHER RECOGNIZE THAT NO REPRESENTATIONS OR GUARANTEES ARE BEING MADE TO ME BY ANY OF THE RELEASEES AS TO MY OWN PROFICIENCIES, LEVELS OF ATTAINMENT OR MY ABILITIES TO ENGAGE IN SIMILAR ACTIVITIES FOR REAL LIFE SITUATIONS, SPORT, COMPETITION, OR OTHERWISE WITHOUT SUFFERING INJURY OF ANY KIND OR NATURE, DAMAGE, DISABILITY, PARALYSIS OR DEATH IN THE FUTURE.
I HAVE READ THIS ASSUMPTION OF RISK, GENERAL RELEASE, AND WAIVER OF LIABILITY, AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WTHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I AFFIRM THAT I AM AT LEAST EIGHTEEN (18) YEARS OF AGE, OR, IF I AM UNDER EIGHTEEN (18) YEARS OF AGE, I HAVE OBTAINED THE REQUIRED CONSENT OF MY PARENT/GUARDIAN AS EVIDENCED BY HIS/HER SIGNATURE BELOW.
I further expressly agree that the foregoing provisions are intended to be as broad and inclusive as permitted by the laws of the Commonwealth of Pennsylvania, and that if any portion of any provision is held to be invalid, it is agreed that the remaining provisions shall continue in full legal force and effect.
The terms hereof shall bind my heirs, executors, personal representatives, administrators, assigns, any individual or entity purporting to act on my behalf, and shall serve as an assumption of risk, general release and waiver of liability for all members of my family, including any minor children, participating in such activity.
Today's Date: February 5, 2023