RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT ("AGREEMENT")
IN CONSIDERATION of being permitted to participate in any way in the BRAZILIAN JIUJITSU, JUDO, WRESTLING, MUAY THAI, AND PHYSICAL CONDITIONING activities (collectively the "BJJ Activities") offered by LA UNION JIU JITSU LLC, I, for myself and for my personal representatives, assigns, heirs, and next of kin, agree as follows:
I ACKNOWLEDGE, agree, and represent that I understand that this Agreement amends, supplements, and expands the Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement that I previously signed in favor of LA UNION JIU JITSU LLC. It does not supersede or invalidate that previous agreement.
I ACKNOWLEDGE, agree, and represent that I understand the nature of BRAZILIAN JIUJITSU, MUAY THAI, KICKBOXING, WRESTLING, JUDO, BOXING, MIXED MARTIAL ARTS, AND PHYSICAL CONDITIONING activities (collectively the "Activities") and that I am qualified, in good health, and in proper physical condition to participate in such activities. I do not know of and have not been informed by any physician of any reason why I should not exercise. I further agree and warrant that if at any time I believe my physical condition or health to be unsafe, I will immediately discontinue further participation in the activities.
I FULLY UNDERSTAND THAT: (a) there are dangers and risks to which I will be exposed by joining LA UNION JIU JITSU LLC and participating in the Activities, which involve strenuous physical exertion and extensive physical contact with other people, equipment, and mats, including but not limited to joint locks, throws, chokes, strikes, kicks, blocks, ground fighting, and other similar activity, which may result in SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these RISKS and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the conditions in which the Activities take place, or the NEGLIGENCE of the RELEASEES (defined below); and (c) there may be OTHER RISKS OF SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time.
I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor named below in the Activities. I ACKNOWLEDGE, agree, and represent that I understand that the World Health Organization has declared that there is a global pandemic of the novel coronavirus, which can cause the disease known as COVID-19 ("COVID-19"). COVID-19 is an extremely contagious disease that is not fully understood by the world health community but may cause severe upper respiratory distress, fever, and even death. It can be spread through person-to-person contact, including potentially through the exchange of bodily fluids such as saliva droplets ejected from a cough, aerosol droplets in exhaled breath, or contact with infected surfaces. COVID-19 does not always show symptoms in persons who are carrying the virus, and infected persons appear to be able to transmit the disease without ever showing signs that they have it. In other cases, infected persons can carry and transmit the disease for up to 14 days before exhibiting symptoms. As a result, federal, state, and local governments and agencies have recommended and/or imposed social distancing guidelines and regulations to minimize the risk of transmission. These guidelines and regulations may recommend limiting the number of persons at a gathering, wearing facial and other protective gear, and maintaining distances of seven feet or more between persons.
I ACKNOWLEDGE, agree, and represent that I understand LA UNION JIU JITSU LLC has put reasonable preventative measures in place to reduce the spread of COVID-19, but that the nature of the disease itself will limit the effectiveness of these measures and the only truly effective measure I can take to prevent contracting the disease is to socially isolate and not participate in the BJJ activities. I understand that the risk of becoming exposed to or infected by COVID-19 at LA UNION JIU JITSU LLC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, LA UNION JIU JITSU LLC owners, employees, volunteers, and program participants and their families. I AGREE that I will (a) only participate in the BJJ Activities if I am feel like I am in good health and I am notexhibiting any symptoms of illness of any kind; (b) I will submit to a body temperature check each time Ienter LA UNION JIU JITSU LLC before being allowed to participate in any of the BJJ Activities; (c) I will abide by any and all preventative directions given to me by any of the instructors at LA UNION JIU JITSU LLC; and (d) I will promptly exit the LA UNION JIU JITSU LLC premises if one of the proprietors or instructors of LA UNION JIU JITSU LLC, in his/her sole discretion, determines that I am exhibiting potential symptoms of an illness of any kind or acting in an unsafe manner and requests that I leave.
I ACKNOWLEDGE, agree, and represent that I understand the nature of BRAZILIAN JIU-JITSU AND PHYSICAL CONDITIONING activities that I will participate in at LA UNION JIU JITSU LLC will require me to be in extremely close proximity to and in physical contact with other participants. If a co-participant is infected with COVID-19, even if asymptomatic, while I am participating in the activities, there is a high likelihood that I may also become infected. I FULLY UNDERSTAND THAT: (a) I am voluntarily exposing myself to dangers and and risks by participating in the Activities at LA UNION JIU JITSU LLC, which involve strenuous physical exertion and extensive physical contact with other people, equipment, and mats that may cause me to contract an illness, including particularly COVID-19, which may result in SERIOUS ILLNESS AND BODILY INJURY, INCLUDING PERMANENT DISABILITY, CHRONIC ILLNESS, AND DEATH ("RISKS"); (b) These RISKS and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the conditions in which the Activities take place, or the NEGLIGENCE of the RELEASEES (defined below); and (c) there may be OTHER RISKS OF SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time. I FULLY AND VOLUNTARILY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ILLNESS, INJURY, LOSSES, COSTS, AND DAMAGES I incur as a result of my participation, or that of the minor named below, in the Activities. For adequate consideration, which I acknowledge, I hereby irrevocably grant LA UNION JIU JITSU LLC and its assigns, licensees, and successors (collectively "LA UNION JIU JITSU LLC") the right to use my image, likeness, name, and voice in all forms of media, including photographs, video recordings, or electronic images (including composite or modified representations), for all purposes, including advertising, social media, trade, online publications, website content, or any commercial purpose throughout the world and in perpetuity. I understand and agree that these materials will become the property of the organization and will not be returned. I hereby irrevocably authorize LA UNION JIU JITSU LLC to edit, alter, copy, exhibit, publish, or distribute these images for purposes of publicizing the organization's programs or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including the written or electronic copy, wherein my likeness appears. Additionally, I waive any right to payment, royalties, or other compensation arising from or related to the use of my image. I hereby hold harmless and release and forever discharge LA UNION JIU JITSU LLC from all claims, demands, and causes of action that I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization, including, but not limited to, any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, or copyright. LA UNION JIU JITSU LLC is permitted, although not obligated, to include my name as a credit in connection with the image or other media.
I am 18 years of age and am competent to contract in my own name, or if I am under age 18, a parent or guardian must also sign below. I have read this release before signing below, and I fully understand the contents, meaning, and impact of this release.
I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE LA UNION JIU JITSU LLC; THEIR RESPECTIVE OWNERS, INSTRUCTORS, SHAREHOLDERS, ADMINISTRATORS, DIRECTORS, AGENTS, OFFICERS, MEMBERS, VOLUNTEERS, EMPLOYEES, OTHER PARTICIPANTS, ANY SPONSORS, ADVERTISERS, AND, IF APPLICABLE, owners and lessors of premises on which the activities take place (each considered one of the "RELEASEES" herein) FROM ALL INJURY (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DISABILITY, AND DEATH), ILLNESS, LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY ATTENDING LA UNION JIU JITSU LLC AND CONTRACTING ANY ILLNESS, INCLUDING COVID-19, OR CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I SPECIFICALLY UNDERSTAND AND AGREE that this release includes any claims based on the actions, omissions, or negligence of the RELEASEES, whether a COVID-19 infection occurs before, during, or after participation in any LA UNION JIU JITSU LLC program. I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, I, or anyone on my behalf, makes a claim against any of the RELEASEES, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost that may incur as the result of such claim.
