Of my own free will, I agree to enter and participate in martial arts including Brazilian Jiu-Jitsu and other related physical activities including but not limited to group training and competition (the “activities”) with Ganja Grappler LLC and Katie Preece (the “company and individual'”) pursuant to the terms contained herein. I understand the activities involve risk, dangers and hazards that may cause serious personal injury or death and injuries are a common and ordinary occurrence in the sport. Risk include, but are not limited to, 1. equipment that may malfunction and or break
2. Any slip, trip, or fall,
3. Serious physical injury, concussion, death, and disfigurement, and
4. Negligent and/or careless instruction or supervision. I freely except and assume the any and all risk associated with the activities. In consideration of the company and individual’s agreement to allow me to participate In these activities along with any associated instruction, assistance, and or training, I, on behalf of myself and my Heirs , successors, and assigns, do here and forever release and discharge and hereby hold harmless the company and individual and any and all participants in the associated activities and if applicable, The owners and lessors Of the premises, from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in the activities, including any injuries or death resulting therefrom. I represent that I possess the necessary skills and physical ability to participate and compete in the activities in such a manner that I will not endanger myself, other competitors, spectators, or other persons. I understand that, as a participant and competitor, I am bound by certain Michigan state laws and the rules of the individual and any facility hosting these activities. I understand it is my responsibility to inspect the premises and equipment prior to attempting to compete to avoid accidents and to avoid injury to myself and others. I understand I am responsible for inspection and maintenance of my equipment and any other equipment located within the premises which I may use. I agree to use any equipment including safety equipment mandated by the individual and or the facility hosting the activities. I recognize that exercise of any kind might be difficult and strenuous and that there could be dangerous inherent in exercise for some individuals. I acknowledge that the possibility of certain unusual physical changes during exercise exist. These changes include but are not limited to abnormal blood pressure, fainting, disorders in the heartbeat, heart attack, and rare instances death. I understand that as a result of my participation with the activities I could suffer an injury or physical disorder that could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life. I represent than an examination by my physician has been obtained prior to involvement in these Activities and that I have been cleared by such position to compete in these activities. I acknowledge and agree that I assume all risk associated with the activities and any and all competition activities and or exercises in which I participate. In consideration of the permission to these activities along with any associated instruction, assistance, and or training I release and fully discharge the releasees from any liability resulting from any personal injury to myself, including, but not limited to paralysis and death, and damage to my own property which is caused by the breach of any express or implied warranty or the new negligent and or careless act or omission of any releasee, including any negligent and or careless act or omission in : (a) The preparation, organization, coordination, location, operation or supervision of the activities; (b) The preparation, design, location, construction, installation, setting, classification, labeling, operation, inspection, maintenance, repair or supervision of the activities or any part thereof; (c) The instructions, training, or information given or not given to me concerning the activities, the activities equipment or any part thereof; (d) Posting or failure to post warnings, instructions, signs, or other cautions; and (e) Any other activity that may be associated with the activities. I accept full responsibility for any injury or damage which may result from the participation in the activities and it is my intent to indemnify and hold harmless the release sees for any injury sustained by me including death while participating in this competition I agree and convince not to institute or prosecute or allowed to be instituted or prosecuted or an any way to aid in the institution or prosecution of any lawsuit or claim against the individual and a result of any injury or a loss to me. I will indemnity, save, and hold harmless each of the release seas from any litigation expense, including reasonable attorneys fees, loss liability, damage, and cost any release he may occur as a result of any claim. In accordance with Michigan law, nothing in this release and waiver of liability and indemnification agreement should be construed As releasing, discharging, or waiving any claims I may have for reckless or intentional ask on the part of any releasee. I hear by authorize the company and individual, or Other medical personnel to obtain or provide medical care for me, to transport me to a medical facility, and to provide treatment including but not limited to evacuation, hospitalization, blood transfusions, surgery and medication they consider necessary for my survival should I become unable to do it for myself. I agree to pay all costs associated with that care and transportation. I agreed to the release to the company and individual, insurance carriers, other Healthcare providers and their staff, representatives or contractors of any medical information or records necessary for treatment referral billing or other purposes. The company and individual may asign this agreement to other entities or individuals at any time, and any such assignment will grant assignees the full rights and protections recorded in this agreement, consistent with the individuals and other releases rights and protections under this agreement. This agreement is affective in regard to participants enrollment or participation in the activities from the date signed through the completion of all activities and this agreement shall remain in full force and effect following completion of all activities. Mutual waivers of jury trial - each party to this agreement here by knowingly voluntarily intentionally and irrevocably waves the right to a trial by jury and respect to any litigation based upon this agreement; arising out of, under, or in connection with the activities; Or any course of conduct, course of dealings, statements weather verbal or written, or actions by any party. This mutual waiver is given as a material inducement for individual to allow participants to participate in activities and shell apply, without limitation, to all claims asserted against any of the releasees. This agreement is intended to be interpreted in and forced to the fullest extent allowed by law. If any portion of this agreement is deemed unlawful or unenforceable, it will not affect the enforceability other remaining provisions, and those remaining provision so continue in full force and effect. I further understand an agreement to grant to the company and individual and its respective affiliates the right and permission to photograph, film, and record and or otherwise capture in any media the name image voice written statement photograph, and or visual likeness of me and or my family members. (Collectively “images”) With right to sublicense, during the activities or otherwise, without compensation, for use for any purpose in any media throughout the world in perpetuity, including but not limited to use and broadcast, photographs, publications, podcasts, webcast, motion pictures, brochures, CDs, DVDs, Internet websites, television, and or any related commercial, informational, educational, advertising, or promotional materials. I understand that all ownership in copyright rights in the images will be owned by the company and Individual and I waive any inspection or approval rights. I understand and agree that my name, age, and any competition results may be available to the public during and after the activities. I agree to abide by all Michigan laws including but not limtied to state recreational/medical marijuana law and any and all fines or costs that I incrue shall be my own. I have carefully read this release and waiver of liability and indemnification agreement and understand its contents. I am aware that by signing this release and waiver of liability and indemnification agreement, I am waving certain legal rights including the right to sue Katie Preece and Ganja Grappler LLC for certain claims. Caution: read before signing! This document affects your legal rights and will bar your right to sue! Today's date: {date} |