Full Release of Liability, Assumption of Risk, Waiver of All Claims and Indemnity Agreement (With Photography/Video Release and Personal Responsibility Covenants) Please Note: By signing this document you may be waiving certain legal rights, including the right to sue. In consideration for being permitted to use the facility and participate in martial arts training (“Training”) provided by Honne Academy of Jiu-Jitsu (“Honne”), the Participant, and the Participant’s parent(s) and/or legal guardian(s) if the Participant is a minor (collectively, the “Participant”), do hereby enter into this Full Release of Liability, Assumption of Risk, Waiver of All Claims and Indemnification Agreement and Photography/Video Release and Personal Responsibility Covenants (the “Agreement”) and agree, to the fullest extent permitted by law, to the following conditions: - TO WAIVE ANY AND ALL CLAIMS that they have or may have against Honne and its owners, affiliates, operators, employees, trainers, agents, subsidiaries, successors and assigns, insurers, officers and contractors (collectively referred to as “Honne Releasees”) arising out of the Participant’s participation in training or the use of the facilities;
- TO ASSUME ALL RISKS of participating in Training and using the facility, which may be both foreseen and unforeseen, which cannot be changed without changing the essential nature and educational and other values of the Training which include risk of serious physical injury, emotional injury, and/or death;
- TO RELEASE the Honne Releasees from all liability, actions, claims, lawsuits, and causes of action, for any loss, damage, injury, paralysis, death, or expense that the Participant (or Participant’s next of kin) may suffer, arising out of Participant’s participation in Training, including while receiving instruction and/or training. The Participant specifically understands that he/she is releasing any and all claims that arise or may arise from any negligent acts or conduct of the Honne Releasees, its owners, affiliates, operators, employees, agents, officers and/or third-parties to the fullest extent permitted by law. However, this Agreement shall not be construed as a release for conduct that is found to constitute gross negligence or intentional conduct by Honne; and
- TO INDEMNIFY and hold harmless the Honne Releasees from all liability for any loss, damage, injury, death, property damage or expense that the Participant (or Participant’s next of kin) may suffer, arising out of participation in Training, including while receiving instruction and/or training.
Photography/Video Release Participant hereby grants to the Honne Releasees the right to take photographs/videos of Participant in connection with Participant’s participation in training. Participant hereby authorizes Honne Releasees to copyright, use, and publish the same in print and/or electronically. Participant hereby conveys all right, title and interest in the same to the Honne Releasees and agree that the Honne Releasees may use such photographs or video of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and web content. Please read and agree to the following additional guidelines. I fully understand that the practice of Martial Arts of any kind, especially Brazilian jiu-jitsu, MMA, and boxing involve techniques that can be potentially harmful to me or others. Because of this, I will make it my responsibility to train at a safe pace and be aware of my own physical limitations. It is my responsibility to know my own physical and technical limitations and to signal by tapping or verbal sound when I want my opponent to stop. It is not the responsibility of my instructor or training partners to know my limitations, including previous injury or when I am in pain. When someone I am working with signals by tapping or verbal submission, I will release my hold on them immediately. I understand that there may be times when injuries may occur before I have the ability to tap, or my opponent may not hear or feel me signal. Because of this, I will make it my responsibility to avoid situations I am not prepared for or ask my partner to stop when I do not understand how to get out of a position. I understand that the practice of jiu-jitsu involves joint manipulations that have the potential for causing damage to bones, muscles and ligaments; because of this, I will take extra care when training to "go slow" and at a pace that is controlled. I understand that this pace cannot possibly be controlled by my training partners or instructor, so I will make it my responsibility to train at a pace that will not cause me any physical harm. I understand that if I choose to work with someone larger than me, there is an increased risk of becoming injured without being able to tap out. Strains and injuries may occur or appear later as a result of the physical stress involved with this type of training. I assume responsibility for my own injuries and understand that it is my responsibility to wear appropriate safety equipment such as headgear, mouthpiece, groin protection and gloves although it may not be required and is not the responsibility of my instructor/teacher/trainer to make sure that I am wearing safety equipment. It is my responsibility to review the rules of sparring with my partner before engaging in any contact and that any contact to the body or head while striking should be controlled and light to avoid injury and only done so while wearing gloves 16 ounces or larger. I understand that some language used by instructors may be of a coarse nature and that this language may seem abusive to some, but the purpose if this language is to instill discipline and mental toughness that will prepare me for self-defense situations. I understand that that there may be an increased risk while practicing choking techniques. I agree that I will “submit” and communicate with my partner and that it is my responsibility to communicate and tap out quickly in order to ensure my own safety. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against the Honne Releasees on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. Should the Honne Releasees be required to incur attorney's fees and costs to enforce this agreement, I agree to reimburse them for all such fees and costs. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume -- and bear the costs of -- all risks that may be created, directly or indirectly, by any such condition.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. |