Release, Liability WAIVER & Indemnity Agreement (Please Read Carefully Before Signing) In consideration of being permitted to participate in any way in the Grappling Program, as defined below, by American Jiu Jitsu LLC located at 5701 Yadkin Rd #140,Fayetteville, NC 28303 (the “Premises”), 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: I am voluntarily seeking and consenting to participate in American Jiu Jitsu LLCGrappling 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; and other martial arts that commonly involve grappling like 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 Grappling program may take place in, outside of, around and off the Premises, and I have the choice and decision not to participate in any or all activities, events or competitions offered by American Jiu Jitsu LLC. I represent and warrant that I am either of proper physical condition to participate in the Grappling 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 American Jiu Jitsu LLC prior to my participation in the Grappling Program and understand that my failure to do so further waives American Jiu Jitsu LLC liability from any and all injuries or other outcomes related to my continued participation in the Grappling Program. I fully understand and acknowledge that THE ACTIVITIES OF THE GRAPPLING PROGRAM ARE INHERENTLY DANGEROUS, such that: 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. The social and economic losses and/or injuries that could result from these risks and dangers described above could be severe. These risks and dangers may be caused by the action or inaction of myself or others, including, but not limited to, American Jiu Jitsu LLC and/or other participants in the Grappling Program; the rules and regulations of the Grappling Program; or the nature of the facilities or equipment used. There may be other risks and dangers not known to American Jiu Jitsu LLC, members and others participant’s and may not be reasonably foreseeable at this time. 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 American Jiu Jitsu LLC and any member or participant within the premises and or off the premises. 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 American Jiu Jitsu LLC 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 American Jiu Jitsu LLC is not obligated either to provide alternate accommodations or to compensate me for its refusal to do so. From time to time, American Jiu Jitsu LLC may host, organize, or sponsor social and other extracurricular activities and events in, outside of, around and off the Premises that may or may not be directly related to the Grappling Program. I understand that my involvement and/or participation in them is completely voluntary and agree that the terms of this Agreement shall extend to, and include, such events and activities. In the event that American Jiu Jitsu LLC provides transportation to the Premises or any other location where American Jiu Jitsu LLC is conducting any activity, event or gathering, I understand that my consent to be transported is completely voluntary and hereby agree that American Jiu Jitsu LLC shall not bear any liability for any injury, loss, destruction, death or any other similar or related consequence either to my person or my property during or as a result of such transportation, whether or not foreseeable and regardless of the cause. I further understand that American Jiu Jitsu LLC is not obligated to provide any transportation whatsoever on any occasion, and I assume full responsibility for any injury, loss, destruction, death or other similar or related consequence either to my person or my property during or as a result of my choice of transportation. I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE American Jiu Jitsu LLC, 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 Grappling Program or any events or activities hosted, organized or sponsored by American Jiu Jitsu LLC ; any action or non-action undertaken by American Jiu Jitsu LLC; all acts of negligence on the part of American Jiu Jitsu LLC; or any rescue/emergency actions or medical treatment undertaken by American Jiu Jitsu LLC, if any. This Agreement shall extend to my personal representatives, assigns, executors, heirs and next of kin. 9. 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 American Jiu Jitsu LLC and I agree that the remainder of this Agreement shall remain in full force and effect. 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 American Jiu Jitsu LLC in defense of any such dispute. I agree to hold American Jiu Jitsu LLC harmless and reimburse American Jiu Jitsu LLC for any and all costs incurred on my behalf.
Recurring Month to Month Charge Agreement
This recurring charge is to cover the cost of Monthly Membership and the Credit Card processing fee to American Jiu Jitsu LLC. I authorize American Jiu Jitsu LLC to charge and keep my credit card on file for the membership option I selected. I acknowledge that my Credit Card will be charged on the specified date monthly. I understand that the terms of this authorization will remain in effect until I request that they be terminated. I acknowledge that I will receive a receipt for each charge made and that no prior notification is needed unless the date or amount of a charge is subject to change, in which case American Jiu Jitsu LLC must notify me of such changes. If American Jiu Jitsu LLC changes the charge date, amount, and frequency, I will be notified by either phone call, email, text or in person for my permission to make said changes. I understand American Jiu Jitsu LLC will not make any changes to the charge amount, the charge date or frequency without my verbal and or written permission. I understand if I do not give American Jiu Jitsu LLC permission to make said changes to my membership and account in a timely manner that my membership may otherwise be revoked, canceled, suspended or terminated.
I Agree
December 11, 2024
Video and Photo Release Agreement
I hereby grant and authorize American Jiu Jitsu LLC the right to take, edit, alter, copy, exhibit, publish, distribute, and make use of any and all videos and photos taken of me to be used in and/or for any lawful purpose. This authorization extends to all languages, media, formats, and markets now known or later discovered. This authorization shall continue indefinitely, unless I otherwise revoke this authorization in writing. I waive the right to inspect or approve any finished product in which my likeness appears. I agree that I have been compensated for this use of my likeness or have otherwise agreed to this release without being compensated. I waive any right to royalties or other compensation arising or related to the use of the videos and photos. I understand and agree that these materials shall become the property of American Jiu Jitsu LLC and may not necessarily be returned. I hereby hold harmless and release American Jiu Jitsu LLC from all liability, petitions, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons may make while acting on my behalf or on behalf of my estate.
I Agree
December 11, 2024
Right to Refuse Service Policy
American Jiu Jitsu LLC reserves the right to, in our sole discretion, temporarily suspend or deactivate your membership, or to permanently end your membership. American Jiu Jitsu LLC reserves the right to refuse service to anyone, for any reason, and at any time.
December 11, 2024 Cancellation Policy
There are no long-term Membership Contracts at American Jiu Jitsu LLC. You may contact American Jiu Jitsu LLC to cancel any membership at any time. This request must be made at least five business days in advance of the next scheduled charge date to ensure you are not charged again. You will not be charged a cancellation fee by American Jiu Jitsu LLC. You may contact American Jiu Jitsu LLC to find out when the next charge date is.
December 11, 2024 Refund Policy
American Jiu Jitsu LLC operates on a month-to-month subscription basis. American Jiu Jitsu LLC will not issue a refund regardless of attendance to the Grappling Program or not. You may contact American Jiu Jitsu LLC to dispute, cancel, or change any membership at any time.
December 11, 2024 Late Payment Policy
If your card is declined while enrolled in a month-to-month membership for American Jiu Jitsu LLC, you will be notified within two business days. American Jiu Jitsu LLC will do its best to accommodate you and your specific situation. American Jiu Jitsu LLC will work with you to amend the situation however best we can. You will not be charged a late payment fee by American Jiu Jitsu LLC. If you cannot pay the due payment in a timely manner American Jiu Jitsu LLC will suspend, revoke or cancel your membership.
December 11, 2024
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 AMERICAN JIU JITSU LLC TO THE FULLEST EXTENT PERMITTED BY LAW.
|