NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ CAREFULLY.
I desire to participate in one or more classes or programs offered, operated, sponsored or directed by, or otherwise involving Bristol Jiu Jitsu.
I understand that each Activity poses risks. With full knowledge and understanding of these risks, and in consideration of my use of the Facilities or any thereof and participation in one or more classes.
I acknowledge and agree as follows:
1. Acknowledgement and Assumption of the Risk I acknowledge that participation in any Classes, use of any Facility, and receipt of any services provided by any Facility or Personnel subjects me to risks of personal injury.
I also acknowledge the risk that my personal property (including but not limited to vehicles or their contents or personal property placed in lockers) may be damaged, lost or stolen while I am at a Facility or participating in Activities.
I understand and acknowledge that:
1. The above list is not inclusive of all the possible risks to which I will be subject during Activities and in using a Facility and that the list in no way limits the extent or reach of this Express Assumption of Risk, Waiver of Liability, Release, Covenant not to Sue and Indemnity Agreement (this "Agreement") or any provision of this Agreement.
2. THIS WAIVER OF LIABILITY, RELEASE AND COVENANT NOT TO SUE SHALL BE EFFECTIVE EVEN THOUGH SAID LOSS, DAMAGE, OR INJURY RESULTS OR HAS RESULTED, OR ANY CLAIMS ARISE FROM, THE NEGLIGENCE, WRONGFUL ACTS, OMISSIONS, BREACH OF WARRANTY, OR STRICT TORT LIABILITY OF ANY RELEASED PARTY. NOTWITHSTANDING THE IMMEDIATELY PRECEDING SENTENCE, THIS WAIVER OF LIABILITY, RELEASE AND COVENANT NOT TO SUE SHALL NOT BE EFFECTIVE IN REGARD TO LOSS, DAMAGE OR INJURY RESULTING FROM, OR ANY CLAIMS ARISING FROM, THE GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT OF ANY RELEASED PARTY.
3. I, on behalf of all Releasing Parties, hereby agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties from and against any and all Claims and costs (including but not limited to attorneys' fees and costs incurred by Released Parties or any thereof) of any nature whatsoever, including but not limited to those caused by the negligence, wrongful acts, omissions, breach of warranty or strict tort liability of any Released Party (except for those resulting from the gross negligence or willful or wanton misconduct of any Released Party), arising out of or in any way relating to my use of a Facility or the services provided thereby or my participation in any Activity.
4. I certify that I am in proper physical and mental condition to participate in Activities and that I have no physical limitations that would preclude my safely using a Facility and participating in classes with the risks assumed. I agree to read and abide by all rules from time to time posted in any Facility or otherwise communicated to me. I agree to comply with requests and instructions of all Personnel. In the event of an accident, if I should be unconscious or otherwise unable to make medical decisions for myself, I hereby grant the Released Parties permission to administer necessary first aid, and/or to solicit emergency medical services as deemed necessary.
This authorization includes permission for emergency medical transportation to the nearest medical facility for additional medical treatment.
I hereby voluntarily waive any right I may have to a trial by jury in any action, proceeding or litigation involving any Released Party. The laws of the State of Virginia shall govern the rights and obligations of the parties to this Agreement and the interpretation, construction and enforceability thereof. I agree that any lawsuit brought against any Released Party shall be brought solely in Bristol, Virginia. If any portion of this Agreement is held invalid, the remainder shall remain in full force and effect.
I hereby grant Bristol Jiu Jitsu reserves the right to use for promotional purposes, any photographs or video taken at the Facilities or during any Activity. Such images may be used in Bristol Jiu Jitsus brochures, posters, website or other promotional materials without liability or payment.
I ACKNOWLEDGE AND AGREE THAT BY SIGNING THIS AGREEMENT I AM RELIEVING THE FACILITIES AND ALL RELEASED PARTIES OF ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, INJURY OR DEATH RESULTING FROM ANY ACTIVITY AND WAIVING MY RIGHT TO MAINTAIN A LAWSUIT AGAINST ANY OF THE RELEASED PARTIES, EXCEPT FOR ANY LIABILITY BASED UPON THEIR GROSS NEGLIGENCE OR WANTON AND WILLFUL MISCONDUCT. I CERTIFY THAT MY AGE IS ACCURATELY SET FORTH ABOVE; THAT, IF I AM AT LEAST 18 YEARS OF AGE, I AM LEGALLY COMPETENT TO SIGN THIS AGREEMENT; I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND THAT THE TERMS OF THIS AGREEMENT ARE LEGALLY BINDING UPON ME AND UPON MY ASSIGNS, HEIRS, REPRESENTATIVES, EXECUTORS AND ADMINISTRATORS; AND THAT I AM SIGNING THIS AGREEMENT, AFTER HAVING CAREFULLY READ IT, OF MY OWN FREE WILL.
The people stated hereby hold Bristol Jiu Jitsu, it successors, assigns, owners, officers, directors, employees, and agents harmless from all claims which may be brought against them by the people stated in this contract, student or on student's behalf for any such injuries or claims and do hereby forever release and discharge Bristol Jiu Jitsu, its successors, assigns, owners, officers, directors, employees, and agents from all claims, demands, injuries, damages, actions, losses and expenses.
*PARENT/GUARDIAN: The above said person is the legal parent or guardian of the student participating in the introductory. The above person consents to the student participating in the classes/training and are aware of the risks involved in such participation.
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