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.
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