Loading...

WARNING!


PERFORMING MIXED MARTIAL ARTS, AND ALL ITS RELATED ACTIVITIES, CAN BE DANGEROUS

AND THERE ARE RISKS INVOLVED IN YOUR PARTICIPATION. YOU CAN BE SERIOUSLY INJURED

OR EVEN KILLED AS A RESULT OF YOUR PARTICIPATION IN PERFORMING MIXED MARTIAL ARTS,

AND ITS RELATED ACTIVITIES.


ASSUMPTION OF RISK AGREEMENT


READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR

UNDERSTANDING OF AND AGREEMENT TO ITS TERMS.

This Assumption of Risk Agreement (“Agreement”) is made and entered into this ___ day of

____________, 202__ (“Effective Date”), by and between the undersigned participant (“Participant”) and JDM and

Associates, a California corporation doing business as NorCal Fighting Alliance (“NCFA”).


RECITALS


A. NCFA is a martial arts and fitness center that includes various instructions in fitness, including,

but not limited to, Brazilian jiu-jitsu, grappling, Muay Thai kickboxing, boxing, and wrestling (“NCFA Activities”).

B. Participant desires to become a member of NCFA and participate in the NCFA Activities.

Participant understands and agrees that part of the required consideration for being allowed to become a member of

NCFA is Participant’s execution of this Agreement.

NOW, THEREFORE, Participant and NCFA hereby agree as follows:


AGREEMENT


ARTICLE I: ASSUMPTION OF INHERENT RISKS


1.1 Risk of Injury or Death. Participant understands that the NCFA Activities including, but not

limited to, jiu-jitsu and wrestling are potentially dangerous activities and can cause serious injury or even death.

Participant understands that Participant and any other participant can be injured or killed, EVEN IF PARTICIPANT

DOES EVERYTHING AS PARTICIPANT WAS INSTRUCTED TO DO. In training for NCFA Activities,

Participants acknowledge that certain teachings involve immobilizing opponents which can cause trauma to joints

such as shoulder, knees and elbows. Participant acknowledges and understands that the performance, practice, and

utilization of NCFA Activities involve extremely strenuous physical activity, and that Participant has been advised

to consult a physician before commencing and undertaking such activity. Participant represents that, to the best of

Participant’s knowledge, Participant is in good health and condition, sufficient to undertake the activities and the

meaning and importance of its contents. Participant is accepting these and all other accompanying risks in order to

be allowed to in the NCFA Activities of Participant’s own free will and with full understanding of the possible

consequences and potential dangers, and without inducements, promises or statements other than those contained in

this Agreement.

1.2 Assumption of Risk. Participant hereby personally ASSUMES ALL RISKS OF ANY NATURE

FOR ANY DEATH, INJURY OR OTHER DAMAGES to Participant, Participant’s property or the property of

others which may in any way, whether foreseeable or not, arise out of Participant’s participation in the NCFA

Activities – specifically including negligent acts or omissions– of all persons involved either directly or indirectly in

this activity. PARTICIPANT KNOWS AND FULLY APPRECIATES THAT NCFA ACTIVITIES MAY EXPOSE

PARTICIPANT TO RISK OF SERIOUS PERSONAL INJURY AND DEATH. PARTICIPANT FULLY

APPRECIATES THESE DANGERS AND VOLUNTARILY ASSUMES THESE RISKS. PARTICIPANT

FURTHER AGREES THAT PARTICIPANT IS ENTERING MARTIAL ART TRAINING AND/OR ANY

COMPETITIONS ENTIRELY ON PARTICIPANT’S OWN FREE WILL AND UNDERSTANDS THE

IMPORTANCE OF FOLLOWING THE RULES OF TRAINING AND COMPETITION.

1.3 Representation to NCFA. Participant certifies, represents and warrants to NCFA that Participant

is in good physical condition and has no disease, injury or other condition that would impair Participant’s

performance or physical and mental well-being during intense training practice and/or competition.


_____________________________

G:\10033\Docs\Participant Waiver 12.15.2022.doc 2 Initial

1.4 Emergency Care. In the event that Participant, as a result of Participant’s participation in the

NCFA Activities, requires emergency care, Participant grants permission for any physician licensed by the State of

California to practice medicine, to provide any and all necessary medical treatment to Participant. If possible,

Participant’s preferred physician is ________________________________ at ( ) ___-____.


ARTICLE II: RELEASE


2.1 Release and Waiver. For valuable consideration including, but not limited to, the opportunity to

participate in the NCFA Activities, Participant for himself/herself, his/her heirs, representatives, assigns, successors,

administrators and anyone else claiming by or through Participant HEREBY EXPRESSLY RELEASES,

DISCHARGES, HOLDS HARMLESS FROM, AND WAIVES ANY AND ALL CLAIMS (INCLUDING BUT

NOT LIMITED TO CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) – WHETHER

FORESEEABLE OR NOT – ARISING FROM NEGLIGENCE, CARELESSNESS, STRICT LIABILITY, OR

OTHERWISE which Participant may presently or at any time in the future possess against anyone associated with

this event including, but not limited to: NCFA, any employee, agent, representative, successor, contractor or

assignee of NCFA, any promoters, participants, sanctioning organization or any subdivision thereof, sponsors,

advertisers, owners and lessees of the premises used to conduct the event and each of them, their officers and

employees (all of whom are hereinafter collectively referred to as the “RELEASED PARTIES”) that are involved in

Participant’s performance of the NCFA Activities with which the RELEASED PARTIES have any connection, or

which may presently or in the future arise out of, or in any manner occur in connection with, Participant’s

performance of the NCFA Activities in association with the RELEASED PARTIES. This Release and Waiver is

meant to and shall apply to any and all claims, causes of actions, demands, or sums of money that Participant may

have or be entitled to from any of the RELEASED PARTIES as a consequence of any type of damage (whether

personal or property), loss, death or injury Participant, or Participant’s heirs, representatives or anyone claiming by

or through Participant has or may in the future have as a consequence of Participant’s performance of the NCFA

Activities that in any way involve the RELEASED PARTIES, and regardless of whether the claim, cause of action

or demand is grounded in negligence, tort, contract or any other legal bases for recovery other than intentional

conduct specifically intended to injure Participant.

Participant hereby expressly waives any rights Participant may have under California Civil Code section

1542, which states:


“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE

DEBTOR OR RELEASED PARTY.”

2.2 Covenant Not to Sue. Participant agrees never to institute any lawsuit or action at law or

otherwise against any of the RELEASED PARTIES, nor to initiate or assist in the prosecution of any claim or cause

of action for damages or injury, that Participant, Participant’s heirs, assigns, representatives, successors or

administrators may have either now or at any time in the future by reason of any loss or injury (including death) to

Participant’s person or property arising from the activities contemplated by or in this Agreement.


ARTICLE III: GENERAL PROVISIONS


3.1 Severability. Participant expressly agrees that the foregoing assumption of risk, waiver of

liability for negligence, and indemnity agreement is governed by the State of California and is intended to be as

broad and inclusive as permitted by California law, and that in the event any portion of this Agreement is

determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the

Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.

3.2 Venue. Participant agrees that if, in spite of this contract, legal action is brought regarding a

claim, it must be brought in the Superior Court of Sonoma County, California and further agrees that the substantive

laws of the State of California shall apply in any action brought.

3.3 Attorney Fees. Participant acknowledges that this Agreement is a contract and agrees that if a

lawsuit is filed against NCFA for any injury or damage in breach of this contract, Participant will pay all attorney’s

fees and costs incurred by NCFA in defending such an action.


_____________________________

G:\10033\Docs\Participant Waiver 12.15.2022.doc 3 Initial

3.4 Entire Agreement. Participant understands that this is the entire Agreement between Participant

and NCFA, and cannot be modified or changed in any way unless in writing by Participant and NCFA.

3.5 Counterparts. The parties may execute this Agreement in two or more counterparts, which shall

in the aggregate, be signed by all parties. Each counterpart shall be deemed an original instrument as against any

party who signed it.

3.6. Photo Release Form. Participant grants permission to NCFA to use photographs taken of

Participant in classes or events in publications and social media.

PARTICIPANT’S SIGNATURE BELOW INDICATES THAT PARTICIPANT HAS READ THIS ENTIRE

DOCUMENT, UNDERSTANDS IT COMPLETELY, UNDERSTANDS THAT IT AFFECTS

PARTICIPANT’S LEGAL RIGHTS, AND AGREES TO BE BOUND BY ITS TERMS. PARTICIPANT

UNDERSTANDS IT IS A PROMISE NOT TO SUE AND IS A RELEASE AND INDEMNITY FOR ALL

CLAIMS.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth above.

JDM and Associates, a California corporation

dba NorCal Fighting Alliance

By:_______________________

Name:_____________________

Title:______________________

PARTICIPANT:


Signature: _______________________________

Name: __________________________________

Male/Female/Non-Binary Weight ______ Height ______

Address: _________________________________

_________________________________________

Phone Number: ____________________________


BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING

THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY OR DEATH.

















First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!