Assumption of Risk, Waiver of Liability, and Indemnification Agreement
Important: Read This Contract Before You Purchase a Membership
Guardian Jiu-Jitsu LLC, hereafter referred to as GUARDIAN, is a martial arts gym which trains clients of all abilities and experience levels. It offers clients the opportunity to learn and improve their skills in several martial arts activities – including Brazilian Jiu-jitsu, kickboxing, mixed martial arts (MMA), and others.
These activities can help produce many benefits for clients of all ages; however, GUARDIAN feels it is important that the PARTICIPANT/PARENT (which refers to either an ADULT Participant, or a MINOR Participant and his/her PARENTS/GUARDIANS) knows that GUARDIAN activities range from moderate to very strenuous and include sparring, physical contact, and striking blows; consequently, these, like all physical activities, involve some inherent risk of injury. An inherent risk is a danger or condition that is an integral part of the activity; one that cannot be eliminated without changing the nature of the activity.
Nature & Inherent Risks: Martial arts training in general, including Brazilian Jiu-Jitsu, kickboxing, and MMA, may include sparring, submission holds, chokes, and strikes. Specifically, Brazilian Jiu-Jitsu is a martial art based on grappling and ground fighting, focusing on the skill of controlling one’s opponent through techniques that force the opponent to submit. Kickboxing is a form of boxing in which fighters are allowed to kick each other with their bare feet. Mixed martial arts is an extreme combat sport in which contestants are permitted to use the fighting techniques of wrestling and boxing but also those of martial arts such as kickboxing, judo, and karate.
There are several categories of inherent risks in martial arts training; some examples follow. Contact-related inherent risks include, but are not limited to, striking blows by punches or kicks, wrestling maneuvers, falls, accidental blows, choke holds, and joint locks (forcing a joint to bend the “wrong” way). Collision-related inherent risks include, but are not limited to, colliding with an opponent, collisions with other pairs of participants on the mat, and collision with a wall, floor, or stationary object. Equipment failure/misuse risks include, but are not limited to, bag attachment failure, glove flaw, and ineffective headgear. Infectious disease risks include two types of infectious disease – 1) those spread primarily from contact with skin. Examples include, but are not limited to, bacterial infections (e.g., staphylococcal infections, impetigo, MRSA); viral infections (e.g., herpes simplex, molluscum contagiosum - poxvirus), and fungal infections (e.g., ringworm); and 2) contagious diseases spread by such as being near an infected person, droplets in the air, contact with surfaces, and/or other means. Examples include, but are not limited to, colds, influenza, measles, tuberculosis, and COVID-19. Risks of judgment errors of GUARDIAN personnel include, but are not limited to, momentary distraction or inattention while supervising, failure to quickly recognize a developing dangerous condition, failure to spot a participant behaving dangerously, judgment error in evaluating participant ability or capability, judgment error in matching participants or in judging readiness to progress, and error in judging that instruction was adequate and/or clear to participants. Participant/Co-Participant-related risks include, but are not limited to, erratic or reckless acts, failure to follow directions, anger and retaliatory acts, violation of safety rules, and spontaneous acts that endanger others.
In light of these normal risks of GUARDIAN activities, GUARDIAN feels that it is very important that the PARTICIPANT/PARENT understands the three types of injuries that can occur. First is the common Minor Injury. This includes, but is not limited to, muscle strains and sprains, bruises, black eyes, abrasions, and contusions. The second type of injury is the occasional Serious Injury. Examples include, but are not limited to, broken bones, ligament and joint injuries, back injury, neck injury, concussions, cuts, broken teeth, and eye injuries. The third type of injury is the rare Catastrophic Injury. Some examples of catastrophic injury are brain injury, paralysis, heart attack, and death. Even though the likelihood of a Catastrophic Injury is remote, GUARDIAN feels that the PARTICIPANT/PARENT should be aware of all possibilities.
Assumption of Inherent Risks: I, the PARTICIPANT/PARENT, have read the above paragraphs and know and understand that GUARDIAN martial arts activities contain inherent risks which vary with the activity. I understand the demands of those activities relative to my physical condition and skill level (or that of my child), and I appreciate the types of injuries that may occur as a result of GUARDIAN activities and their potential impact on my well-being and lifestyle (or that of my child). I hereby assert that my participation (or that of my child) is voluntary and that I (and my child) knowingly assume all inherent risks.
Waiver of Liability for Ordinary Negligence: In consideration of permission to use the GUARDIAN premises, facilities, and services, today and on all future dates, I, the PARTICIPANT/PARENT, on behalf of myself, my spouse, my heirs, my parents or guardians, personal representatives, insurers, and assigns [hereafter referred to as Releasing Parties]do hereby release, waive, discharge, and covenant not to sue Guardian Jiu-Jitsu LLC, Hagans Family Ventures LLC, Kevin Lee Irwin, James Andrew Hagans, and any directors, officers, employees, co-participants, suppliers, and owner/lessor of GUARDIAN facility [hereafter referred to as Protected Parties] from liability for the ordinary negligence of GUARDIAN and protected parties arising from injuries/illnesses while participating in GUARDIAN martial arts activities, using GUARDIAN equipment, or on GUARDIAN premises. I understand that this means that I am releasing GUARDIAN of liability for injury to me (or my child) even if the injury was caused by GUARDIAN negligence or carelessness; this waiver is not intended to protect against actions exceeding ordinary negligence (i.e., gross negligence, recklessness, willful/wanton actions, or intentional acts).
This agreement applies to 1) personal injury (including death) from incidents or illnesses (including infectious illnesses) arising from participation in GUARDIAN activities, while using GUARDIAN equipment, or on GUARDIAN premises and 2) any and all claims resulting from the damage to, loss of or theft of Participant/Parent’s property.
Indemnification: I, the Participant/Parent, agree to hold harmless, defend and indemnify GUARDIAN and Protected Parties from claims of Releasing Parties (or others acting on behalf of Participant) arising due to injuries/illness caused by inherent risks of the activity or the ordinary negligence of Protected Parties while participating in GUARDIAN activities, using GUARDIAN equipment, or on GUARDIAN premises. I understand this means I will compensate the Protected Parties for loss or damage and pay any judgment and costs, including investigation costs, attorney’s fees, expert witness fees, and related expenses resulting from any claim, cause of action, or lawsuit filed by or on the behalf of any Releasing Parties.
I further agree to hold harmless, defend, and indemnify GUARDIAN and Protected Parties against any and all claims of co-participants, rescuers, and others arising from the conduct of the participant while on the GUARDIAN premises.
Clarifying Clauses: I, the Participant/Parent, confirm and agree to the following:
1) Integration Clause. This is the entire agreement between GUARDIAN and me and cannot be modified or changed in any way by representations or statements by any agent or employee of GUARDIAN.
2) Severability Clause. This agreement is intended to be as inclusive as is permitted by the laws of the State of Michigan and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.
3) Venue, Jurisdiction, & Choice of Law. If legal action is brought arising from GUARDIAN activities, the venue for any legal action shall be in the appropriate trial court for Ottawa County, Michigan, or the United States District Court for the Western District of Michigan and that the substantive laws of the State of Michigan shall apply.
To help GUARDIAN more effectively provide for the safety of the participant, I, the PARTICIPANT/PARENT,
Rules and Actions
- Agree to obey all martial arts safety rules and alert the staff to any violations or dangerous behavior of co-participants.
- Acknowledge that GUARDIAN may need to end my participation if I present a danger to myself or others.
- Agree to get an ok from staff prior to progressing on my own to more difficult or dangerous activities.
Health and Safety
- Acknowledge that one should get medical clearance prior to participation in a vigorous physical activity.
- Possess a sufficient level of skill and physical fitness for safe participation in GUARDIAN activities.
- Agree to attempt only activities that I feel I am capable of performing safely.
- Have no health problems that would make participation in GUARDIAN activities unwise.
- Authorize GUARDIAN to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by GUARDIAN and I agree to assume all costs of emergency medical care and transportation.
- Acknowledge that it is the participant’s duty to inform staff and cease exercise immediately if he/she feels any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains) during participation.
Acknowledgement of Understanding: I, the Adult Participant have read and fully understand this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and understand that I am giving up substantial rights, including my right to sue for damages in the event of death, injury, or financial loss.
I fully recognize that martial arts activities are dangerous activities and that there is a real possibility that I could suffer injury. I acknowledge that I am voluntarily signing this agreement, and I intend my signature to be a complete release of liability arising from injuries/illness while participating in GUARDIAN activities, on GUARDIAN equipment, or while on GUARDIAN premises due to the Inherent Risks of GUARDIAN Activities or the Ordinary Negligence of the Protected Parties, to the greatest extent allowed by laws of the State of Michigan.
Parent/Guardian of a Minor Participant
Acknowledgement of Understanding: I, the Parent/Legal Guardian of the minor listed below, hereby grant my minor child permission to participate in all GUARDIAN Activities. Further, I have read and fully understand this GUARDIAN Assumption of Risk, Waiver of Liability, and Indemnification Agreement, and agree to be bound by this agreement on behalf of myself, my spouse, the minor child, and any party filing on behalf of the minor child. I understand that I am giving up substantial rights, including: 1) the right of my child to recover damages for any loss suffered as a result of injury or death from participation at GUARDIAN; 2) my right as parent/guardian to recover damages for any loss I might suffer as a result of injury or death of my child from participation at GUARDIAN; and 3) my right to recover damages I might suffer as a result of my injury or death while on GUARDIAN premises.
I, and my minor child, fully recognize that martial arts activities are dangerous activities and there is a real possibility that my minor child could suffer injury. I intend my signature to be a complete release of liability arising from injuries/illness of my minor child while participating in GUARDIAN activities, using GUARDIAN equipment, or while on GUARDIAN premises due to the Inherent Risks of GUARDIAN Activities or the Ordinary Negligence of the Protected Parties, to the greatest extent allowed by laws of the State of Michigan.
Additionally, I, the Parent/Guardian of the minor child, assert that I have explained the inherent risks of GUARDIAN activities to my minor child and that the minor understands this Agreement and assumes the inherent risks.
Today's Date: May 28, 2020