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PLEASE READ CAREFULLY

THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND MAY WAIVE YOUR RIGHT TO SUE

AMERICAN MARTIAL ARTS ACADEMY, INC DBA PYLES JIU JITSU HEREINAFTER CALLED “PBJJ” WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AGREEMENT, AND INFORMED CONSENT REQUIREMNET FOR AGREEMENT:

This Waiver and Release of Liability, Assumption of Risk, Indemnity Agreement, and Informed Consent (the "Agreement") must be signed by all students, participants, guests, invitees, applicants, and/or their parents or legal guardians (if under 18 years of age) before participating in any activities, including but not limited to classes, open mats, competitions, seminars, private training sessions, group exercises, or any other events or activities sponsored by or occurring at the facilities of PBJJ, located at 3189 Cooke School Road, Pilot Mountain, NC 27041 or if teaching at another location.

Description of Terms: Brazilian Jiu-Jitsu (BJJ) and Related Activities: BJJ is a self-defense martial art and combat sport focused on grappling, ground fighting, and submission holds. It involves physical contact, which carries inherent risks of injury, illness, paralysis, or death. These risks cannot be eliminated without fundamentally altering the nature of the sport. Participants are encouraged to study BJJ history, techniques, and injury prevention methods both on and off the mat, and to maintain physical fitness to reduce risks.

Activities: Includes, but is not limited to, Brazilian Jiu-Jitsu, any other martial arts, self-defense training, group exercises, fitness programs, open mats, watching classes, competitions, seminars, private sessions, or any other events or activities sponsored by PBJJ or occurring at its facilities, whether on or off the premises, including travel to and from such activities.

Parties: Includes PBJJ academy, its owners, officers, directors, employees, instructors (including guest instructors and professors), assistant instructors, volunteers, agents, representatives, independent contractors, affiliates, and, if applicable, owners and lessors of the premises.

Participant(s): Includes the undersigned individual(s), any minor child(ren) or ward(s) on whose behalf this Agreement is signed, guests, invitees, applicants, trial members, visitors and their respective heirs, assigns, executors, and administrators.

1. Acknowledgment of Risks and Assumption of Risk:

I, the undersigned Participant (or parent/legal guardian on behalf of a minor Participant), understand and acknowledge that the Activities taught or conducted at PBJJ, including but not limited to BJJ and related martial arts or fitness programs, are physically strenuous, involve close physical contact, and carry inherent risks of accident, injury, illness, or death. These risks include but are not limited to: Physical injuries such as sprains, strains, fractures, dislocations, concussions, paralysis, or death.

Physiological effects including, abnormal blood pressure, fainting, heart attack, or other medical emergencies.

Property damage or loss, including lost wages or earning capacity.

Exposure to communicable diseases or illnesses (e.g., viruses, bacteria, or other pathogens) from other participants, surfaces, or the environment, which may result in illness, quarantine, or death.

Risks from unfamiliar techniques, equipment failure, environmental conditions, travel to/from activities, or the actions/inactions of myself or others (including negligence).

Increased risks if I have pre-existing conditions, fail to disclose health issues, or do not maintain proper fitness.

These risks may arise from my own actions, the actions of others, or conditions at the facility, and may be known or unknown, foreseen or unforeseen, reasonable or unreasonable. Despite all the precautions taken by PBJJ to minimize risks, injuries or other harm may still occur. I have been advised to consult a licensed physician before participating and to stop any Activity if I feel unwell. With full knowledge of these dangers, I voluntarily assume all risks associated with participation in the Activities, including travel to, from, and during them. I agree that I may stop participating at any time.

2. Representations and Warranties:

I represent and warrant that: I am (or the minor Participant is) in good physical and mental health, with no disabilities, impairments, or pre-existing conditions that could prevent safe participation or endanger myself or others. I have consulted a physician and obtained clearance to participate in strenuous physical activities.

I will immediately notify PBJJ in writing of any changes in health status (e.g., injury, illness, or medical condition) that may affect participation.

I am at least 18 years old, or if signing on behalf of a minor, I am the parent or legal guardian with full authority to bind the minor to this Agreement. Minors under 18 may not participate without this signed Agreement.

I consent to any physical contact required or customary in BJJ and related activities, including contact by instructors, other participants, or authorized individuals during training.

I agree to abide by all PBJJ rules, etiquette, and instructions, including those for hygiene, safety, and conduct. I will not engage in inappropriate behavior or intentionally cause harm to myself or others.

Any nutritional or fitness advice provided by PBJJ is general guidance only and should be approved by my physician.

In the event of injury or medical emergency, I authorize PBJJ to obtain emergency medical treatment on my behalf (or the minor's behalf) and agree to bear all associated costs.

Waiver and Release of Liability:

In consideration for being permitted to participate in the activities, I hereby waive, release, discharge, and covenant not to sue the PBJJ Parties from any and all liability, claims, demands, causes of action, damages, losses, or expenses (including attorney's fees and court costs) arising from or related to my participation in the activities. This includes, but is not limited to: Any personal injury, illness, disability, paralysis, death, property damage, or economic/emotional loss.

Claims based on negligence (ordinary or gross), strict liability, breach of warranty, or any other theory, whether caused by the PBJJ Parties, other participants, or third parties.

Claims arising from communicable diseases, including exposure during Activities.

This waiver and release is intended to be as broad and inclusive as permitted by North Carolina law and applies even if liability arises from the negligence of the PBJJ Parties. I agree this Agreement is binding on my heirs, assigns, executors, and administrators.

4. Indemnification and Hold Harmless:

I agree to indemnify, defend, and hold harmless the PBJJ Parties from any and all claims, losses, liabilities, damages, costs, or expenses (including attorney's fees) arising from or related to my participation in the activities, including: Claims brought by me, on my behalf, or by third parties (e.g., due to my actions or injuries to others).

Any litigation or disputes resulting from my breach of this Agreement or negligence.

This includes claims for personal injury, property damage, or other losses, even if caused by the negligence of the PBJJ Parties or others.

5. Media Release:

I grant PBJJ irrevocable permission to use my (or the minor Participant's) likeness, photographs, videos, or other media captured during activities for promotional, instructional, advertising, or marketing purposes in any medium (including internet and social media), without compensation or further approval.

6. COVID-19/Infectious Disease Supplement:

The waiver and release provisions above are understood to include special considerations related to COVID-19 and other infectious diseases. I acknowledge that COVID-19 (and its variants) remains a contagious disease confirmed throughout the United States, and that

participation in close-contact Activities like BJJ increases the risk of exposure and transmission. In accordance with the most recent guidance from the Centers for Disease Control and Prevention (CDC) and the North Carolina Department of Health and Human Services for slowing transmission, I agree, represent, and warrant that neither I nor any participating minor(s) shall visit or utilize PBJJ facilities, services, or programs (other than online services) within 10 days after: (i) returning from a high-risk travel area subject to CDC Level 3 Travel Health Notices (or equivalent current advisories), (ii) exposure to any person returning from such areas, or (iii) exposure to any person with a suspected or confirmed case of COVID-19 or similar infectious disease. The complete CDC Travel Health Notice is continuously updated at https://www.cdc.gov/coronavirus/2019-ncov/travelers/map-and-travel-notices.html, and I agree I am aware of this list and the relevant areas. I further agree, represent, and warrant that neither I nor any participating minor(s) shall visit or utilize the facilities, services, or programs if experiencing symptoms of COVID-19 or similar illnesses (e.g., cough, shortness of breath, fever, new loss of taste/smell) or if having a suspected or confirmed case. I agree to notify PBJJ immediately if any of these restrictions may apply. PBJJ has implemented recommended guidance and protocols to reduce transmission risks, including the access/use restrictions above. I acknowledge that PBJJ may revise these procedures at any time based on updated guidance and agree to comply with them. In further consideration for participation:

a) I hereby release, waive, and discharge the PBJJ Parties from all liability for any loss, damage, illness, injury, or death related to COVID-19 or other infectious diseases (including exposure to or contraction by me, participating minor(s), or any person contacted indirectly), whether caused by negligence (active or passive) or otherwise, while on the premises or participating in Activities.

b) I agree to indemnify and hold harmless the PBJJ Parties from any loss, liability, damages, or costs incurred due to such claims, whether caused by negligence or otherwise.

7. Miscellaneous Provisions: Severability: If any portion of this Agreement is held invalid or unenforceable, the remaining portions shall continue in full force and effect.

Governing Law and Venue: This Agreement shall be governed by the laws of the State of North Carolina, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the courts of Surry County, North Carolina.

Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements. No oral representations, statements, or inducements apart from this written Agreement have been made. I have had the opportunity to review this Agreement and consult legal counsel.

Amendments: PBJJ reserves the right to modify class schedules, rules, or policies as needed. Any changes to this Agreement must be in writing and signed by an authorized PBJJ representative.

Electronic Signature: If signed electronically, this Agreement is binding as if signed in ink.

I HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT BY SIGNING, I AM WAIVING VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE PBJJ PARTIES FOR NEGLIGENCE OR OTHER CLAIMS. I VOLUNTARILY SIGN THIS AGREEMENT FREELY AND WITHOUT DURESS.

First Participant's Name
First Name*
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First Participant's Date of Birth*
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First Participant's Signature*
Second Participant's Name
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Third Participant's Name
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Fourth Participant's Name
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Fifth Participant's Name
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Sixth Participant's Name
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Seventh Participant's Name
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Eighth Participant's Name
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Ninth Participant's Name
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Tenth Participant's Name
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Participant's Date of Birth*
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Parent or Guardian's Email Address
Email*
Confirm Email*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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