PRACTICE JIU JITSU LLC - LIABILITY WAIVER, ASSUMPTION OF RISK, AND MEDIA RELEASE

1301 Blue Ridge Drive, Suite 113 & 114, Georgetown, Texas 78626

IMPORTANT: READ THIS ENTIRE WAIVER CAREFULLY BEFORE SIGNING. BY SIGNING, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

PARTICIPANT INFORMATION
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Full Legal Name: {name}
Date of Birth: {dob}
Address: {address}
Phone: {phone}
Emergency Contact: {contact_name}   Phone: {contact_phone}    Relationship: {contact_relation}

SECTION 1: DEFINITIONS
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For purposes of this Waiver, the following definitions apply:

"Waiver" means this Liability Waiver, Assumption of Risk, and Media Release in its entirety.

"Gym" or "Practice Jiu Jitsu" means Practice Jiu Jitsu LLC, a Texas limited liability company, including its owners, members, managers, officers, employees, instructors, coaches, agents, volunteers, independent contractors, affiliates, successors, and assigns.

"Participant" means the individual named above who is executing this Waiver, or if the Participant is a minor, the parent or legal guardian signing on behalf of said minor.

"Activities" means all martial arts training, instruction, classes, open mats, sparring sessions, competitions, seminars, and any other programs or activities offered by or through the Gym, whether on-site or off-site, including observation as a spectator.

"Facilities" means all premises, equipment, training areas, locker rooms, parking areas, and any other spaces owned, leased, operated, or controlled by the Gym.

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SECTION 2: ASSUMPTION OF RISK
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2.1 Voluntary Participation. I acknowledge that my participation in Activities at the Gym is entirely voluntary. I am under no obligation to participate in any Activity, and I may decline or cease participation at any time without penalty.

2.2 Dangerous Activity. I understand and acknowledge that martial arts, including but not limited to Brazilian Jiu Jitsu, judo, wrestling, and related combat sports, are inherently dangerous activities that involve significant risks of serious physical injury, permanent disability, paralysis, and death. I understand that these risks exist regardless of the care and precautions taken by the Gym, its instructors, or other participants.

2.3 Specific Risks. I understand and voluntarily accept the following specific risks, which include but are not limited to:

   (a) Injuries including but not limited to sprains, strains, dislocations, fractures, concussions, traumatic brain injuries, spinal cord injuries, joint injuries, muscle tears, lacerations, contusions, and internal injuries;

   (b) Injuries from the use or misuse of training equipment, mats, and facilities, including equipment malfunction or failure;

   (c) Risks from physical contact, including grappling, throws, submissions, and strikes (whether intentional or accidental), as well as close proximity to others, any of which may lead to transmission of communicable diseases including but not limited to skin infections (ringworm, herpes simplex, impetigo, staph infections including MRSA), respiratory illnesses, COVID-19, and other viral or bacterial infections;

   (d) Cardiovascular events including heart attack, stroke, or sudden cardiac arrest, particularly if I have known or unknown pre-existing medical conditions;

   (e) Aggravation of pre-existing injuries or medical conditions, whether known or unknown to me at the time of participation;

   (f) Injuries caused by the actions, omissions, or negligence of other participants, instructors, spectators, or third parties;

   (g) Injuries from falls, collisions, or impacts with the floor, walls, other participants, or equipment;

   (h) Psychological and emotional distress, including anxiety, stress, and mental anguish associated with training, competition, or injury; and

   (i) Any other risks inherent in martial arts training that are known or unknown, foreseeable or unforeseeable.

2.4 Express Assumption of Risk. I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, associated with my participation in Activities at the Gym, including the risk of serious injury, permanent disability, or death. This assumption of risk extends to risks arising from the NEGLIGENCE of the Gym, its owners, employees, instructors, agents, or other participants.

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SECTION 3: RELEASE AND WAIVER OF LIABILITY
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3.1 Release of Claims. In consideration of being permitted to participate in Activities at the Gym, I, for myself, my heirs, personal representatives, executors, administrators, successors, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Practice Jiu Jitsu LLC, its owners, members, managers, officers, employees, instructors, coaches, agents, volunteers, independent contractors, affiliates, successors, and assigns (collectively, "Released Parties") from any and all known and unknown claims, demands, liabilities, damages, losses, costs, and expenses (including attorneys' fees) arising out of or related to any injury, disability, death, or loss or damage to person or property, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, except as prohibited by applicable law.

3.2 Scope of Release. This release specifically includes, but is not limited to, claims arising from:

   (a) The negligence, acts, or omissions of the Released Parties;

   (b) The condition of the Facilities, equipment, or premises;

   (c) Instruction, supervision, or training provided by the Gym;

   (d) The acts or omissions of other participants, members, or third parties;

   (e) First aid, emergency treatment, or other medical services provided or not provided; and

   (f) Any other cause whatsoever, except for claims arising from the Gym's intentional misconduct or willful and wanton conduct.

3.3 Unknown Claims. I understand and agree that this release extends to claims that I do not know or suspect to exist at the time of signing, which if known, might have affected my decision to sign this Waiver.

3.4 Waiver of California Civil Code Section 1542 (If Applicable). If I am a California resident, I expressly waive the provisions of California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

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SECTION 4: INDEMNIFICATION
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4.1 Indemnification Obligation. I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) brought by or on behalf of me, my family members, dependents, heirs, personal representatives, or any third party, arising out of or in any way connected with my participation in Activities at the Gym or my use of the Facilities.

4.2 Third-Party Claims. This indemnification obligation specifically includes claims brought by third parties for injuries or damages allegedly caused by my actions or omissions during my participation in Activities.

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SECTION 5: MEDICAL ACKNOWLEDGMENT AND AUTHORIZATION
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5.1 Physical Condition. I represent and warrant that I am in good physical condition and have no medical conditions, injuries, or disabilities that would prevent my safe participation in Activities or increase the risk of injury to myself or others. I have consulted with a physician regarding my ability to participate, or I have voluntarily chosen not to do so and assume all risks associated with that decision.

5.2 Disclosure Obligation. I agree to immediately disclose to the Gym any changes in my physical condition, injuries, or medical conditions that may affect my ability to safely participate in Activities.

5.3 Emergency Medical Authorization. In the event of an injury or medical emergency, I authorize Practice Jiu Jitsu LLC and its personnel to secure emergency medical treatment for me (or the Participant if I am signing on behalf of a minor) if I cannot be reached or am incapacitated. I accept full financial responsibility for any medical expenses incurred as a result of such treatment.

5.4 Insurance. I understand that the Gym does not provide medical or health insurance coverage for participants. I am responsible for maintaining my own health insurance or assuming all costs associated with any injuries sustained during Activities.

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SECTION 6: COMMUNICABLE DISEASE ACKNOWLEDGMENT
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6.1 Risk of Transmission. I acknowledge that martial arts training involves close physical contact and may expose participants to communicable diseases including but not limited to skin infections (ringworm, staph, MRSA, herpes simplex, impetigo), viral infections, respiratory illnesses including COVID-19, and other contagious conditions.

6.2 Notification Obligation. I agree to immediately notify the Gym if I develop any contagious condition, skin infection, or communicable disease, and I will not train or enter the Facilities until I have been cleared by a licensed medical professional and have provided documentation of such clearance to the Gym.

6.3 Gym's Right to Exclude. I understand and agree that the Gym may, in its sole discretion, deny me access to the Facilities or Activities if I exhibit symptoms of illness, have visible skin conditions, or otherwise pose a health risk to other participants.

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SECTION 7: RULES, CODE OF CONDUCT, AND HYGIENE
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7.1 Gym Rules. I agree to abide by all rules, policies, and procedures established by the Gym, as posted or communicated from time to time. I understand that failure to comply may result in suspension or termination of my membership without refund.

7.2 Code of Conduct. I agree to:

   (a) Treat all participants, instructors, staff, and visitors with respect and courtesy;

   (b) Refrain from aggressive, dangerous, or unsportsmanlike behavior;

   (c) Follow the instructions of coaches and instructors at all times;

   (d) Tap out or verbally submit when caught in a submission to prevent injury;

   (e) Immediately stop when a training partner taps or verbally submits;

   (f) Refrain from using excessive force, especially with less experienced training partners;

   (g) Report any unsafe conditions, injuries, or concerning behavior to staff immediately; and

   (h) Refrain from training while under the influence of alcohol, drugs, or any substance that may impair judgment or physical ability.

7.3 Hygiene and Equipment. I agree to:

   (a) Maintain clean training attire (gi, rash guard, shorts, etc.) for every training session;

   (b) Shower or bathe before training whenever possible;

   (c) Keep fingernails and toenails trimmed short;

   (d) Remove all jewelry before training;

   (e) Not train in dirty, soiled, or damaged equipment; and

   (f) Understand that the Gym reserves the right to deny training to anyone whose attire or hygiene poses a health risk to others.

7.4 Facility Inspection. I acknowledge that I have the right to inspect the Facilities and equipment prior to participating in any Activity, and I assume responsibility for notifying Gym staff of any unsafe conditions I observe. If I fail to notify staff of an unsafe condition and choose to participate anyway, I assume all risks associated with that condition.

7.5 Personal Property. The Gym is not responsible for any personal property that is lost, stolen, or damaged on the premises. Participants are encouraged to secure valuables in their vehicles or leave them at home. I agree to hold the Released Parties harmless from any claims related to loss or damage of personal property.

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SECTION 8: MEDIA RELEASE AND PUBLICITY RIGHTS
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8.1 Grant of Rights. I grant to Practice Jiu Jitsu LLC and its authorized representatives the irrevocable, perpetual, worldwide, royalty-free right and license to photograph, film, record, and otherwise capture my image, likeness, voice, statements, and performance during my participation in Activities (collectively, "Media").

8.2 Permitted Uses. I authorize the Gym to use, reproduce, distribute, display, publish, and create derivative works of the Media for any purpose, including but not limited to:

   (a) Advertising, marketing, and promotional materials;

   (b) Social media, websites, and digital platforms;

   (c) Instructional and educational materials;

   (d) Documentary or editorial content; and

   (e) Any other lawful purpose.

8.3 No Compensation. I acknowledge that I will not receive any compensation, royalties, or other payment for the use of Media, and I waive any right to inspect or approve the finished product or the manner in which the Media is used.

8.4 Release of Publicity Claims. I release the Gym from any claims arising from the use of Media, including claims for invasion of privacy, right of publicity, defamation, or any other cause of action arising from the use of my image or likeness.

8.5 Opt-Out. If I do not wish to have my image or likeness used for promotional purposes, I understand that I must notify the Gym in writing and make reasonable efforts to avoid being photographed or filmed during public training sessions. 

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SECTION 9: MINORS
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9.1 Parental/Guardian Consent. If the Participant is under the age of eighteen (18), a parent or legal guardian must sign this Waiver on behalf of the minor. By signing, the parent or legal guardian represents that they have legal authority to bind the minor to this Waiver and agrees to all terms and conditions herein on behalf of the minor.

9.2 Parental Indemnification. The parent or legal guardian agrees to indemnify and hold harmless the Released Parties from any claims brought by or on behalf of the minor arising out of the minor's participation in Activities.

9.3 Age Verification. By signing this Waiver, I certify that the date of birth provided above is accurate. The Gym reserves the right to request identification or other documentation to verify age.

SECTION 10: DISPUTE RESOLUTION
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10.1 Mediation. Any dispute, controversy, or claim arising out of or relating to this Waiver, or the breach, termination, or validity thereof, shall first be submitted to non-binding mediation in Williamson County, Texas. The parties shall mutually agree on a mediator and share the costs of mediation equally.

10.2 Arbitration. If mediation is unsuccessful within sixty (60) days, any remaining disputes shall be resolved by binding arbitration in Williamson County, Texas, administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

10.3 Waiver of Jury Trial. BY SIGNING THIS WAIVER, I KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY in any action or proceeding arising out of or relating to this Waiver.

10.4 Class Action Waiver. I agree that any claims must be brought in my individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

10.5 Attorneys' Fees. In any legal proceeding arising out of this Waiver, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.

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SECTION 11: GENERAL PROVISIONS
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11.1 Governing Law. This Waiver shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

11.2 Texas Statute Reference. This Waiver is executed with reference to Chapter 87 of the Texas Civil Practice and Remedies Code regarding limitation of liability for sports activities, to the extent applicable.

11.3 Severability. If any provision of this Waiver is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

11.4 Entire Agreement. This Waiver constitutes the entire agreement between the parties concerning the subject matter hereof. This Waiver may not be amended or modified except in writing signed by both parties.

11.5 Waiver. The failure of either party to enforce any provision of this Waiver shall not constitute a waiver of that party's right to enforce that provision or any other provision in the future.

11.6 Assignment. The Gym may assign this Waiver or any of its rights hereunder without my consent. I may not assign this Waiver without the Gym's prior written consent.

11.7 Electronic Signatures. This Waiver may be executed electronically, and electronic signatures shall have the same legal effect as original ink signatures pursuant to the Texas Uniform Electronic Transactions Act (Texas Business and Commerce Code, Chapter 322).

11.8 Duration and Continuing Effect. This Waiver shall remain in full force and effect IN PERPETUITY and shall apply to all visits to any facility owned, operated, leased, or controlled by Practice Jiu Jitsu LLC, whether at its current location or any future location, unless revoked by the Participant in writing. This Waiver covers all Activities currently offered and any Activities that may be offered in the future. The Participant acknowledges that facilities, equipment, services, and inherent risks may change over time, and expressly assumes all such risks, whether known or unknown at the time of signing. The Participant agrees to notify the Gym of any changes to emergency contact information.

11.9 Force Majeure. The Gym shall not be liable for any failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government orders, civil unrest, war, terrorism, fire, flood, or other emergencies.

11.10 Survival. The provisions of Sections 2, 3, 4, 8, and 10 shall survive termination or expiration of this Waiver.

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ACKNOWLEDGMENT AND SIGNATURE
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I HAVE CAREFULLY READ THIS WAIVER IN ITS ENTIRETY. I UNDERSTAND THAT BY SIGNING THIS WAIVER, I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR DAMAGES IN THE EVENT OF INJURY, DISABILITY, OR DEATH. I UNDERSTAND THAT THIS IS A BINDING LEGAL CONTRACT. I AM SIGNING THIS WAIVER VOLUNTARILY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

PARTICIPANT AND SIGNATURE:

Participant's Name: {name}
Participant's Date of Birth: {dob}
Date: {sign_date}

— END OF WAIVER —

Practice Jiu Jitsu LLC • 1301 Blue Ridge Drive, Suite 113 & 114 • Georgetown, TX 78626
info@practicejiujitsu.com