THIS ASSUMPTION OF RISK, INDEMNITY AND GENERAL RELEASE AGREEMENT (this “Agreement”) is entered into on October 2, 2023 by and between Student (or Student’s Parent), a Florida Resident (collectively referred to herein as “Student/Parent”), and Fabin BJJ, LLC, a Florida Limited Liability Company, referred to herein as “School”).
In consideration of the covenants and agreements herein contained, Student/Parent and School hereby agree as follows:
Student/Parent’s Warranties and Representations. Student/Parent hereby makes the following representations and warranties to the School, each of which is material and is being relied upon by the School:
1.1 Student/Parent understands and agrees that: the services provided by School involve physical contact; Student will be engaging in physical contact, instruction and exercise including, but not limited to, self-defense; and the same may result in Student’s injury, permanent disability, paralysis or death, or in injury, permanent disability, paralysis or death to others.
1.2 Student/Parent understands and agrees that it is advisable for Student to consult a physician before entering into any activity involving physical fitness or other physical training, especially jiu jitsu or the services provided by School.
ASSUMPTION OF RISK. STUDENT/PARENT KNOWINGLY, VOLUNTARILY AND FREELY ASSUMES ALL RISKS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH STUDENT’S PARTICIPATION IN THE SERVICES PROVIDED BY SCHOOL INCLUDING, BUT NOT LIMITED TO, THE RISK OF INJURY, PERMANENT DISABILITY, PARALYSIS OR DEATH TO STUDENT OR TO OTHERS, EVEN IF ARISING FROM THE NEGLIGENCE OF SCHOOL OR THE NEGLIGENCE OF SCHOOL’S RELEASED PARTIES (AS HEREINAFTER DEFINED IN THIS AGREEMENT).
STUDENT’S/PARENT’S INDEMNITY. STUDENT/PARENT HEREBY AGREES TO INDEMNIFY, DEFEND AND SAVE SCHOOL AND ITS MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, STUDENTS, INVITEES, GUESTS, LANDLORDS AND REPRESENTATIVES HARMLESS FROM ANY LIABILITY, CLAIM, OR DAMAGE INCLUDING, BUT NOT LIMITED TO, LIABILITIES, CLAIMS OR DAMAGES FOR INJURY, PERMANENT DISABILITY, PARALYSIS OR DEATH TO STUDENT OR TO OTHERS (REGARDLESS OF WHETHER SUCH LIABILITIES, CLAIMS OR DAMAGES ARE THE RESULT OF SCHOOL’S OR ITS MANAGERS’, MEMBERS’, EMPLOYEES’, CONTRACTORS’, VOLUNTEERS’, STUDENTS’, INVITEES’, GUESTS’, LANDLORDS’ OR REPRESENTATIVES’ NEGLIGENCE), AS WELL AS REASONABLE ATTORNEYS’ AND PARAPROFESSIONALS’ FEES AND COSTS THROUGH ALL STAGES OF LITIGATION INCLUDING ALL APPEALS AND COLLECTION PROCEEDINGS.
STUDENT/PARENT GENERAL RELEASE. IN EXCHANGE FOR STUDENT BEING ALLOWED TO PARTICIPATE IN THE SERVICES PROVIDED BY THE SCHOOL, WHICH SCHOOL WOULD NOT ALLOW WITHOUT STUDENT’S/PARENT’S AGREEMENT TO THE GENERAL RELEASE SET FORTH IN THIS PARAGRAPH 4, STUDENT/PARENT, FOR THEMSELVES AND THEIR HEIRS, ASSIGNS, AGENTS AND REPRESENTATIVES (COLLECTIVELY REFERRED TO HEREIN AS “STUDENT/PARENT RELEASORS”), HEREBY IRREVOCABLY AND UNCONDITIONALLY REMISE, RELEASE, ACQUIT, SATISFY AND FOREVER DISCHARGE EACH AND ALL OF SCHOOL AND ITS MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, STUDENTS, INVITEES, GUESTS, LANDLORDS AND REPRESENTATIVES, AND SCHOOL’S AND ITS MANAGERS’, MEMBERS’, EMPLOYEES’, CONTRACTORS’, VOLUNTEERS’, STUDENTS’, INVITEES’, GUESTS’, LANDLORDS’ AND REPRESENTATIVES’ SUBSIDIARIES, AFFILIATES, PREDECESSORS, HEIRS, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO HEREIN AS “SCHOOL’S RELEASED PARTIES”) FROM ANY AND ALL ACTIONS, MANNER OF ACTIONS, CAUSES OR CAUSES OF ACTIONS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STATUTE, REGULATION, ORDINANCE OR ANY OTHER CAUSE OF ACTION UNDER FEDERAL, STATE OR LOCAL LAW, SUITS, DEBTS, DUES, SUMS OF MONEY, FRINGE BENEFITS, ACCOUNTS, BONDS, RECKONINGS, BILLS, SPECIALTIES, COVENANTS, CONTRACTS, CONTROVERSIES, AGREEMENTS, PROMISES, VARIANCES, TRESPASSES, DAMAGES, OF ANY NATURE INCLUDING COMPENSATORY OR PUNITIVE, LIABILITIES, JUDGMENTS, EXECUTIONS, CLAIMS, COUNTERCLAIMS, DEFENSES, ADMINISTRATIVE CHARGES, DEMANDS OR REMEDIES OF WHATEVER TYPE OR NATURE, WHETHER KNOWN OR UNKNOWN, WHATSOEVER IN LAW, IN EQUITY OR IN ARBITRATION THAT STUDENT/PARENT OR ANY OF THE OTHER STUDENT/PARENT RELEASORS HAVE, HAD OR MAY HAVE FROM THE BEGINNING OF THE WORLD TO THE END OF TIME (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ AND PARAPROFESSIONALS’ FEES AND COSTS THROUGH ALL STAGES OF LITIGATION INCLUDING ALL APPEALS AND COLLECTION PROCEEDINGS) ARISING OUT OF, RELATING TO, OR CONNECTED WITH, ANY INJURY, PERMANENT DISABILITY, PARALYSIS OR DEATH TO STUDENT OR ANY OTHER INDIVIDUAL, EVEN IF ARISING FROM THE NEGLIGENCE OF SCHOOL OR THE NEGLIGENCE OF SCHOOL’S RELEASED PARTIES. STUDENT/PARENT AND THE OTHER STUDENT/PARENT RELEASORS EACH AGREE NOT TO COMMENCE ANY LEGAL PROCEEDINGS AGAINST SCHOOL OR ANY OF THE OTHER SCHOOL RELEASED PARTIES IN ANY FORUM WHATSOEVER.
Student/Parent Acknowledgement of Full Understanding. Student/Parent acknowledges and agrees: that Student/Parent has ascertained all the facts, conditions and circumstances likely to affect Student’s/Parent’s judgment herein, that all matters embodied herein, as well as all questions pertinent hereto, have been fully and satisfactorily explained to Student/Parent; that Student/Parent has given consideration to such matters and such questions; that Student/Parent clearly understands and consents to the provisions hereof; that Student/Parent has been fully advised of the consequences of the provisions of this Agreement; that Student/Parent has had, or has been advised and given the opportunity to have, the advice of separate legal counsel of Student’s/Parent’s election; that Student/Parent is entering into this Agreement, voluntarily and with full knowledge of this Agreement, which constitutes the entire Agreement of the parties with respect to the subject matter hereof; and that Student/Parent understands that there are no representations, warranties, promises or undertakings, oral or otherwise, other than those expressly set forth in this Agreement.
INITIALING PARAGRAPHS. STUDENT/PARENT ACKNOWLEDGES AND AGREES, BY INITIALING CERTAIN PARAGRAPHS ABOVE, THAT STUDENT/PARENT HAS READ AND FULLY UNDERSTANDS THE PARTICULAR SIGNIFICANCE AND IMPORTANCE OF SUCH PARAGRAPHS, AND THAT STUDENT/PARENT HAS BEEN GIVEN THE OPPORTUNITY TO ASK QUESTIONS ABOUT THE MEANING AND SIGNIFICANCE OF SUCH PARAGRAPHS.
Images. Student/Parent hereby consents to School’s use of any photographs, images, videos or the like (involving Student or otherwise) for any and all promotional or other purposes, and agrees that all photographs, images, videos or the like (involving Student or otherwise) constitute the sole and exclusive property of School, not Student/Parent or any other individual or entity.
Modification. No change or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto.
Assignment. This Agreement and the rights and duties of the Student/Parent hereunder may not be assigned by the Student/Parent, without the written consent of the School. The School may, however, at its option and without the Student’s/Parent’s consent, assign this Agreement and the rights and duties under this Agreement to any successors or assigns.
Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by all of the parties hereto, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver.
Invalid Provisions. The invalidity or unenforceability of a particular provision, paragraph, subparagraph, sentence or term of this Agreement shall not affect the other provisions, paragraphs, subparagraphs, sentences or terms hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions, paragraphs, subparagraphs, sentences or terms were omitted.
Applicable Law, Binding Effect and Venue. This Agreement shall be construed and regulated under and by the laws of the State of Florida, and shall inure to the benefit of and be binding upon the parties hereto and their heirs, personal representatives, successors and permissible assigns. Venue for any action to enforce or defend this Agreement shall lie exclusively in Orange County, Florida and the parties hereby waive any other jurisdiction and venue.
Entire Agreement, Prior Agreements and Survival. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and this Agreement supersedes and replaces any and all prior agreements, oral or otherwise, between the parties hereto with respect to the subject matter hereof. The terms of this Agreement shall survive the execution of this Agreement.
Headings. The headings contained in this Agreement are designed to call attention to the terms of this Agreement, and shall be used in connection with the meaning and interpretation of this Agreement.
No Benefit. Except as otherwise provided herein, none of the provisions of this Agreement shall confer any enforcement rights or other benefit, whether deemed or actual, upon any person or entity not a party to this Agreement.
Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. An executed counterpart of this Agreement may be delivered by facsimile, e-mail (including .pdf), or other means of electronic transmission, and such delivery shall be deemed to have been duly and validly delivered and shall be legally valid and effective for all purposes for which the executed original thereof could be used. The exchange of an executed counterpart of this Agreement by facsimile, e-mail (including .pdf), or other means of electronic transmission shall be sufficient to bind the Parties to this Agreement. A copy of an executed counterpart of this Agreement shall be legally valid and effective for all purposes for which the executed original thereof could be used.
Construction. By the execution hereof, each party acknowledges and agrees, having had the opportunity to review, negotiate and approve all of the provisions of this Agreement, to the terms hereof, and the parties waive the normal rule of construction that any ambiguities in this Agreement shall be construed against the party that drafted the Agreement.
WAIVER OF TRIAL BY JURY. THE STUDENT/PARENT AND THE SCHOOL HEREBY IRREVOCABLY, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE OR LITIGATION RELATED TO, ARISING OUT OF, UNDER, OR IN CONJUNCTION WITH, THIS AGREEMENT.
IN WITNESS WHEREOF, School and Student/Parent have executed this Agreement the day and year first above written, October 2, 2023.