PARTICIPANT AGREEMENT AND ASSUMPTION OF RISK
In consideration of the services BD Brazilian Jiu Jitsu Academy LLC, dba Bruno Dias BJJ Academy, their agents, owners, officers, affiliates, volunteers, participants, employees, franchisers, and all other person or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Academy”), I hereby agree to fully and completely release, indemnify, and discharge the Academy, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate and to be bound as follows: 1. I acknowledge that my participation in the Academy's programs or activities, or other use of Academy's facilities or equipment (the “Activities”) may give rise to both foreseeable and unforeseeable risks that could result in physical or emotional injury or damage to myself, to property, or to third parties (the “Risks”). I understand and agree that such Risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I understand and agree that: (i) The Risks may include but are not limited to: (a) the negligence of other participants or myself, and (b) injuries including but not limited to: sprains, fractures, scrapes, bruises, cuts, and dislocations. (ii) martial arts programs include contact with instructors and students which may result in serious injury to the participants. (iii) fitness-based programs include equipment which can be complex or heavy and involves complex movements which may result in serious injury to the participants. (iv) Neither the Academy nor its employees can foresee actions taken by participants which result in serious injury. (v) The equipment being used by the Academy for the Activities may malfunction in ways not foreseeable to or preventable by the Academy. (vi) The Academy and its staff cannot eliminate all risks, including but not limited to the Risks listed above, involved with, or arising from the Activities. (vii) Transportation provided by the Academy for After School, Summer Camp and off-site activities includes inherent and unforeseeable risks which may result in serious injury. 2. I expressly agree and promise to accept and assume any and all risks existing in, involved in, or arising from my participation, including that of any persons engaging in the Activities with my permission and consent, (hereinafter “the Covered Participants”). I further agree that the Covered Participants' participation in this activity is purely voluntary, and I agree to permit the participation of the Covered Participants in spite of and with full acceptance of the Risks. 3. I hereby voluntarily release, forever discharge, absolve, and agree to indemnify and hold harmless the Academy from any and all liability, claims, demands, or causes of action, which may accrue to me or the Covered Participants, including but not limited to any with respect to physical or emotional injuries and/or damage to property, while on the premises or which are in any way connected with my participation in the Activities or my use of the Academy's equipment or facilities, including but not limited to any such claims which allege negligent acts or omissions of the Academy's, to the maximum extent permissible by law. 4. I agree that, in the event the Covered Participants are injured and/or require medical assistance or treatment as a result of or in connection with participation in the Activities that any such medical assistance or treatment shall be undertaken at my own and/or the Covered Participants' own expense. 5. Should the Academy or anyone acting on their behalf, incur attorney's fees and/or other associated expenses or costs to enforce any provision of this agreement, I agree to indemnify and hold the Academy harmless for all such fees and costs and further agree that the Academy shall be entitled to recover said fees, costs, and/or expenses from me. 6. I certify that I have adequate insurance to cover any injury or damage the Covered Participants may cause or suffer while participating in the Activities, whether to themselves or to others, or, in the alternative, I 7. I agree that I am able to and shall personally bear the costs of such injury or damage myself. 8. I certify that I hereby fully assume any and all risks associated with, arising from, or which may be aggravated by, any medical or physical condition the Covered Participants may have. 9. In the event that I file a lawsuit against the Academy, I agree to do so solely in the state of Florida, and I further agree that the substantive law of Florida shall apply to that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING THE COVERED PARTICIPANTS' PARTICIPATION IN THE ACTIVITY, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST THE ACADEMY 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. I further grant the Academy, the right to photograph, videotape, and/or record me and/or my child/ward and to use my or my child's/ward's name, face, likeness voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation. I agree that I would like to receive free email promotions and discounts to the email address provided above. I acknowledge that I may unsubscribe to emails from the Academy at any time. Today's date: December 4, 2024 |
