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ACES DEFENSE/ACES DEFENSE 360/ACES BJJ PARTICIPANT ASSUMPTION OF RISK, CONSENT TO PARTICIPATION, WAIVER OF LIABILITY AND RELEASE OF CLAIMS, AND INDEMNIFICATION AGREEMENT


READ BEFORE SIGNING

In consideration of you being permitted to be present in, on or around an Aces Defense training facility (Aces Defense 360), you hereby assume any and all risk of whatever nature, known or unknown, in connection with you being in, on, and/or around the Aces Defense. Those risks include serious injury, death and property damage to yourself and those around you.

Aces Defense LLC DBA Aces Defense 360 and Aces BJJ will be referred to herein by any of the affiliated names.

Despite the potential hazards and dangers associated with being present at, on and/or around the Aces Defense 360 facility or participating in any activities at, on and/or around, you wish to be present at Aces Defense and engage in such activity. You voluntarily and freely accept and expressly assume all risks, dangers and hazards whatever they may be, whether known or unknown, hidden or apparent, even if arising from negligence, that could result in personal injury, death and damage to property.

You represent that you are over the age of 18 and have the power and authority to agree to these terms which are a condition precedent of you being permitted to be at, in, on or around Aces Defense 360.

IF YOU DO NOT AGREE TO THE ABOVE, PLEASE LEAVE ACES DEFENSE AND IMMEDIATE VICINITY NOW (IF APPLICABLE)I

This document affects your legal rights. You should read carefully. No person will be permitted to participate in any way in any activity on, around, or at Aces Defense without properly completing and signing this Assumption of Risk, Consent to Participation, Waiver of Liability and Release of Claims, and Indemnification Agreement (the “Agreement”) and returning it to Aces Defense 360. Any person so participating without signing this document will be held to the terms of the document.

IF PARTICIPANT IS UNDER EIGHTEEN (18) YEARS OF AGE, PARTICIPANT’S PARENT OR LEGAL GUARDIAN MUST COMPLETE AND SIGN THE PARENT/GUARDIAN AGREEMENT ATTACHED

In consideration of being allowed to be present on, at and around Aces Defense 360 or participate in any activities on, at and around Aces Defense 360, and for other good and valuable consideration the adequacy of which is hereby acknowledged, I, the undersigned, hereby agree to and accept all of the following on behalf of myself, my family, my heirs, personal representatives, successors and assigns:

RISK OF SERIOUS INJURY AND DEATH/OWN RISK

Jiu-jitsu, martial arts, yoga, the fitness facility (gym) and any and all activities at Aces Defense 360 are dangerous activities in which you can seriously injure yourself or others, or kill yourself or others, or be injured or killed by others. If you do not understand and freely assume these risks, do not train, spar or participate in any activities at Aces Defense 360.

If you train, spar or participate in any activities at Aces Defense 360 you do so entirely at your own risk and agree to abide by and be subject to rules and conditions governing your access privilege. 

NO MEDICAL PERSONNEL/EQUIPMENT PRESENT, ETC.

THERE IS NO MEDICAL PERSONNEL OR EQUIPMENT PRESENT AT ACES DEFENSE. YOU ARE ENTIRELY RESPONSIBLE FOR ANY INJURY THAT RESULTS FROM TRAINING, SPARRING OR ANY ACTIVITIES IN, ON, OR AROUND ACES DEFENSE 360; THAT INCLUDES BEING ABLE TO PROTECT OR DEFEND YOURSELF, AND ADMINISTER OR PROVIDE ANY REQUIRED ON-THE-SPOT MEDICAL SERVICES IN THE EVENT YOU GET HURT. IF YOU DO NOT UNDERSTAND AND ACCEPT THIS RISK, DO NOT TRAIN, SPAR, AND/OR PARTICIPATE IN ANY ACTIVITY ON, OR AROUND ACES DEFENSE... 

FULL WAIVER OF EVERYTHING AGAINST EVERYONE INVOLVED

BY SIGNING THIS AGREEMENT, YOU ARE INDICATING THAT YOU HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT. BY SIGNING THIS AGREEMENT, YOU ARE WAIVING ANY AND ALL CLAIMS OF ANY NATURE WHATSOEVER AGAINST THE FOLLOWING:

  1. (i) Gracie Global LLC, a California corporation doing business as Gracie University, and any of it’s affiliates, shareholders, members, managers, officers, directors, employees, agents and/or affiliates;
  2. (ii) Aces Defense LLC, a Connecticut organization doing business as Aces Defense and DBA as Aces Defense 360 and Aces BJJ, and any of its affiliates, shareholders, members, managers, officers, directors, employees, agents and/or affiliates.
  3. (iii) Aces Big Guns Fitness LLC, a Connecticut organization and any of its affiliates, shareholders, members, managers, officers, directors, employees, agents and/or affiliates.
  4. (iiii) the owners (Aces Investments LLC) and/or tenants of real property where the Aces Defense is located.

YOU ARE HEREBY RELEASING, THE RELEASED PARTIES FROM ANY AND ALL LIABILITY, THAT MAY ARISE IN CONNECTION WITH YOUR PRESENCE AT OR AROUND ACES DEFENSE, OR PARTICIPATION IN ANY ACTIVITIES ON OR AT ACES DEFENSE 360, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR LIABILITY BASED ON NEGLIGENCE. 

ASSUMPTION OF RISK

I understand and appreciate that the risk of injury from activities at Aces Defense 360 is significant and includes, without limitation, the risk of (1) minor injuries, such as scratches, bruises and sprains, (2) major injuries, such as joint and back injuries, broken bones, dislocated shoulders, heart attacks and concussions, (3) catastrophic injuries including, without limitation, paralysis and death and (4) being hit by or making contact with moving or stationary objects or people. I understand and appreciate that, while rules, equipment and personal discipline may reduce this risk, the risk of great personal injury at Aces Defense 360, whether caused by me or caused by others, still exists, is inherent in such activities, and cannot be eliminated regardless of the care taken to around injuries. I acknowledge that training, sparring and/or being on and/or around Aces Defense is a dangerous activity and that if I am at Aces Defense 360, I may be in danger of serious injury or death. DESPITE THE POTENTIAL HAZARDS AND DANGERS ASSOCIATED WITH BEING PRESENT AT, ON AND/OR AROUND ACES DEFENSE 360 OR PARTICIPATING IN ANY ACTIVITIES ON OR AT ACES DEFENSE 360 OR AT ANY EVENT, I WISH TO BE PRESENT AT ACES DEFENSE/ACES BJJ AND ENGAGE IN SUCH ACTIVITIES. I VOLUNTARILY AND FREELY ACCEPT AND EXPRESSLY ASSUME ALL RISKS, DANGERS AND HAZARDS WHATEVER THEY MAY BE, WHETHER KNOWN OR UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES THAT MAY ARISE FROM MY PRESENCE AT, ON AND AROUND ACES DEFENSE 360 OR PARTICIPATION IN ACTIVITIES ON, AT OR AROUND ACES DEFENSE THAT COULD RESULT IN PERSONAL INJURY TO ME, LOSS OF MY LIFE AND DAMAGE TO MY PROPERTY. 

CONSENT TO PARTICIPATION:

I understand and willingly agree to comply with the rules, regulations and conditions for participation in activities at Aces Defense 360 and incorporated herein by this reference. I agree that if I observe any unusual hazard during my presence at Aces Defense 360, I will bring such hazard to the immediate attention of a Aces Defense 360 staff/management. I agree to carefully inspect and satisfy myself that Aces Defense 360 is reasonably safe for its intended use. If I have any doubts as to such safety, I agree not to participate in activities on, at or around Aces Defense 360. 

WAIVER OF LIABILITY AND RELEASE OF CLAIMS:

I do hereby release, remise and discharge each of the Released Parties, and covenant not to sue any of the Released Parties for or in connection with, and waive any liability of the Released Parties for, any and all claims (including, without limitation, the negligence of any of the Released Parties resulting in personal injury (including without limitation, death), accidents, illnesses and property loss), arising from or in connection with my presence at, on or around, or participation in activities on, at or around Aces Defense and/or any event. I intend for this waiver and release to also apply to my relatives, personal representatives, heirs, beneficiaries, and next of kin or assigns who might pursue any legal action or claim on my behalf. I understand that by signing this document I am giving up my right to sue any of the Released Parties. 

INDEMNIFICATION:

I hereby agree to indemnify, defend (with counsel satisfactory to the Released Parties) and hold the Released Parties harmless from and against any liability, damage, cost or expense (including costs and reasonable attorneys’ fees and costs) occasioned by or arising out of any breach or alleged breach of this Agreement, or any claim, demand or action which is inconsistent with any warranty, representation, agreement or grant of rights made or assumed by me hereunder, or any claim, demand or action resulting from or allegedly resulting from my presence at or participation in activities on or at Aces Defense 360 or any claim, demand or action with respect to personal injuries (including, without limitation, death),or damage to property, made for any reason in connection with my presence at or participation in such activities. 

OTHER TERMS AND CONDITIONS:

1. Insurance. I acknowledge that the Released Parties do not provide accident, medical, liability, Aces Defense 360. I agree to pay any and all costs incurred as a result of any medical treatment or other loss, damage or expense that I may suffer or cause others to suffer due to the presence of myself and/or any property that I bring on and/or around Aces Defense 360. The fact that a Released Party may or may not have Insurance shall not in any way give me an entitlement to make a claim against the Released Parties based on them having or not having Insurance or in any way reduce or diminish me having to take out Insurance if being insured is in any way something I desire.

2. Arbitration; Attorneys’ Fees. I agree that I will arbitrate any and all claims arising out of my presence at or participating in activities on or at or around Aces Defense 360, according to the rules of the American Arbitration Association, and that any award will be final and binding upon the parties. I agree that the place of the arbitration shall be Pomfret Connecticut and that Connecticut law will apply. In the event of arbitration or litigation this Agreement, the prevailing party shall, in addition to any other award of damage or other remedy, be entitled to attorneys’ fees and costs, incurred as a result of such arbitration or litigation.

3. Severability/Applicable Law. I agree that this Agreement is intended to be as broad and inclusive as is permitted by law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Connecticut, without regard to its principles of conflict of laws. With respect to any and all non-arbitrable disputes, the Connecticut courts (state and federal) only will have jurisdiction of any controversies regarding this Agreement and the parties hereto consent to the jurisdiction of said courts.

4. Acknowledgment of Understanding. I am years of age. I have read the above, been given an opportunity to ask questions, and fully understand that this is a legal and binding document and that I am giving up substantial rights, including my right to sue or to make any claim for injuries or damages I might sustain while present at or participating in activities on or at or around Aces Defense 360. There are no other agreements, direct or collateral, written or oral, between the parties hereto governing the subject matter hereof. All prior negotiations, agreements, understandings and statements made between the parties hereto that have occurred prior to the execution of this Agreement are superseded by and merged in to this completely integrated Agreement in so far they relate to the subject matter of this Agreement. To the extent that I may have previously signed a release and waiver agreement relating to Aces Defense 360 the terms most favorable to the Released Parties contained in the documents shall apply in the event of a conflict between the various documents. I acknowledge that I am signing this Agreement freely and voluntarily, and intend by my signature to be a complete and unconditional acceptance of the terms of this Agreement to the greatest extent allowed by law.

5. Headings. The paragraph headings of this Agreement are intended for convenience only, and shall not be of any effect in construing the contents of this Agreement. 

IMPORTANT NOTE: IMPORTANT NOTE: This waiver must be completed and returned to the Aces Defense 360 Leader prior to your participation in any Aces Defense 360 training sessions. 

May 26, 2024



First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information

Age:
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

Age:
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

Age:
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

Age:
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

Age:
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

Age:
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

Age:
Eighth Participant's Name

First Name*

Middle Name

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Eighth Participant's Date of Birth*
Eighth Participant's Information

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Ninth Participant's Name

First Name*

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Ninth Participant's Date of Birth*
Ninth Participant's Information

Age:
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

Age:
Parent or Guardian's Email Address

Email*

Confirm Email*
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Additional Information

Emergency Contact:

Relationship:

Emergency Contact Phone:
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*

IF PARTICIPANT IS UNDER EIGHTEEN (18) YEARS OF AGE, PARTICIPANT’S PARENT OR LEGAL GUARDIAN MUST COMPLETE AND SIGN WHERE INDICATED.

As the parent or guardian of the minor participant whose name and signature appear above (“Minor”), I hereby confirm that I have read all of this Agreement and accept each and every provision of the Agreement (including, without limitation, the provisions of the Agreement relating to assumption of risk, consent to participation, waiver of liability and release of claims, and indemnification) on behalf of myself (as if a direct signatory to the Agreement) as well as on behalf of the Minor, intending that the Agreement be irrevocably binding upon me, upon the Minor, and upon each of my and the Minor’s respective heirs, personal representatives, executors, administrators and assigns. I represent and warrant that I am at least eighteen (18) years of age, that I am the parent or legal guardian of the above Minor, and that I have legal authority to enter into this Agreement and to bind the Minor. Without limiting the foregoing, I hereby agree to defend, indemnify (with counsel satisfactory to the Released Parties) and hold the Released Parties (as defined in the Agreement) harmless from and against any liability, damage, cost, or expense (including costs and reasonable attorneys’ fees and costs) occasioned by or arising out of any breach or alleged breach of the Agreement, or any claim, demand or action which is inconsistent with any warranty, representation, agreement or grant of rights made or assumed by me hereunder or under the Agreement, or any claim, demand or action resulting from or allegedly resulting from my or the Minor’s presence at or participation in activities on, around or at Aces Defense/Aces Defense 360/Aces BJJ, or any claim, demand or action with respect to personal injuries (including, without limitation, death) or damage to property, made for any reason in connection with my or the Minor’s presence on, around or at Aces Defense/Aces Defense 360/Aces BJJ and/or participation in such activities. 

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.

IMPORTANT NOTE: This waiver must be completed and returned to the Aces Defense/Aces Defense 360/Aces BJJ Leader prior to your participation in any Aces Defense/Aces Defense 360/Aces BJJ training sessions. 



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*

Middle Name

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information

Age:
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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