Release, Liability WAIVER & Indemnity Agreement (Read Carefully Before Signing)
In consideration of being permitted to participate in any way in the Martial Arts Program, as defined below, by Valko BJJ LLC, I, or, if a minor, the parent(s) and/or legal guardian of the minor participant named below (hereinafter, collectively, “I,” “me” or “my”), enter into this Release, Liability Waiver and Indemnity Agreement (“Agreement”) and hereby agree:
1. I am voluntarily seeking and consenting to participate in Valko BJJ’s Martial Arts Program, which is defined to include, but not be limited to, martial arts instruction and related training, including those in the arts of Brazilian jiu-jitsu, judo, ground fighting, grappling and other martial arts that commonly involve body contact with the ground as well as techniques such as chokes and joint locks; Muay Thai and other martial arts that commonly involve striking; mixed martial arts (MMA); self- defense training; and other martial arts that may be offered in the future and from time to time; physical, strength and/or cardio conditioning; yoga and other flexibility or meditative exercises; and other similar or related physical activities. I understand that the various activities of the Martial Arts Program may take place in, outside of, around and off the Premises, and I have the choice not to participate in any or all activities, events or competitions offered by Valko BJJ.
2. I represent and warrant that I am either of proper physical condition to participate in the Martial Arts Program, understanding the demands and nature of the activities provided above, or accept full responsibility for my participation therein in my current physical state. I agree to disclose all medical conditions, ailments and other issues to Valko BJJ prior to my participation in the Martial Arts Program and understand that my failure to do so further waives Valko BJJ’s liability from any and all injuries or other outcomes related to my continued participation in the Martial Arts Program.
3. I fully understand and acknowledge that THE ACTIVITIES OF THE MARTIAL ARTS PROGRAM ARE INHERENTLY DANGEROUS, such that:
A.There are risks and dangers associated with my participation in the Martial Arts Program that could result in bodily injury, partial and/or total disability, paralysis or death.
B. The social and economic losses and/or injuries that could result from these risks and dangers described above could be severe.
C. These risks and dangers may be caused by the action or inaction of myself or others, including, but not limited to, Valko BJJ and/or other participants in the Martial Arts Program; the rules and regulations of the Martial Arts Program; or the nature of the facilities or equipment used.
D.There may be other risks and dangers not known to us or are not reasonably foreseeable at this time.
4. I understand, accept and assume the above risks and dangers, both known and unknown, and I assume full responsibility for the injuries, maladies, losses and/or damages resulting therefrom, however caused and whether caused in whole or in part by Valko BJJ.
5. I understand and accept that I use any and all equipment and facilities “as-is” and at my own risk and peril, and I hold Valko BJJ harmless from any and all consequences resulting therefrom, including, but not limited to, injury, malady, loss and death, regardless of the cause. I further understand that said use is voluntary and by my own choice, and I may refuse said use and/or request the use or application of alternative equipment and facilities, although Valko BJJ is not obligated either to provide alternate accommodations or to compensate me for its refusal to do so.
6. I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Valko BJJ, its affiliates, owners, managers, promoters, lessees, directors, officers, agents or employees, from all liability for any and all claims, demands, losses or damages arising out of or relating to the Martial Arts Program or any events or activities hosted, organized or sponsored by Valko BJJ; any action or non-action undertaken by Valko BJJ; all acts of negligence on the part of Valko BJJ; or any rescue/emergency actions or medical treatment undertaken by Valko BJJ, if any. This Agreement shall extend to my personal representatives, assigns, executors, heirs and next of kin.
7. I further expressly agree that this Agreement is intended to be as broad and inclusive as permitted by law. Any portion that is uncertain or challenged as to its validity or enforceability shall be interpreted so that it most closely reflects the intent of the parties in entering into this Agreement, to the greatest extent permitted by law. Otherwise, if any portion herein is held invalid or otherwise legally unenforceable by a court of competent jurisdiction, both Valko BJJ and I agree that the remainder of this Agreement shall remain in full force and effect.
8. Should any legal dispute arise out of this Agreement, or regarding any subject matter contained herein, I agree to pay for all attorney’s fees and costs reasonably incurred by Valko BJJ in defense of any such dispute.
9. I agree to hold Valko BJJ harmless and reimburse Valko BJJ for any and all costs incurred on my behalf.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
Because Valko BJJ is open for business, I recognize that I might be at a higher risk for contracting COVID-19. Valko BJJ has put in place preventative measures to reduce the spread of COVID-19; however, it cannot be guaranteed that you will not become infected with COVID-19. Further, participating in the Martial Arts Program and/or being on the premises could increase your risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 or infection may result in personal injury, illness, permanent disability, and death.
I understand the risk of becoming exposed to or infected by COVID-19 at Valko BJJ may result from the actions, omissions, or negligence of myself and others, including, but not limited to: Valko BJJ employees, individuals participating in the Martial Arts Program and/or their family members and agents of Valko BJJ. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death) illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at Valko BJJ or participation in the Martial Arts Program. I hereby release, covenant not to sue, discharge, and hold harmless Valko BJJ, it’s employees, agents, and representatives, of and from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of Valko BJJ, it’s employees, agents, and representatives, whether a COVID-19 infections occurs before, during, or after participation in any Valko BJJ related program or activity occurring on Valko BJJ premises.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY COERCION, INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY FROM VALKO BJJ TO THE FULLEST EXTENT PERMITTED BY LAW.