GJJNPHX Participation Waiver (Required)

BJJ North Phoenix, LLC, d.b.a. Gracie Jiu-Jitsu North Phoenix

WAIVER, RELEASE, INDEMNIFICATION, AND ASSUMPTION OF RISK

** BY SIGNING THIS DOCUMENT, YOU ARE GIVING UP YOUR AND/OR YOUR MINOR’S LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE**

I, (“Participant”, or Participant’s Parent or Legal Guardian if Participant is not at least 18 years of age), understand and acknowledge that participation in Gracie and Brazilian Jiu-Jitsu, Gracie Bullyproof®, Gracie Combatives®, Master Cycle®, and other Gracie Jiu-Jitsu activities (collectively, the “Activities”) and use of Gracie Jiu-Jitsu’s facilities, equipment, training equipment, mats, and other equipment (collectively, the “Facilities”) are dangerous and involve both known and unknown risks.

These Activities can help produce many benefits for clients of all ages; however, it is important that the Participant knows that the Activities range from moderate to very strenuous and include, sparring, physical contact, and striking blows. Consequently, these, like all physical activities, involve an inherent risk of injury. An inherent risk is a danger or condition that is an integral part of an activity; one that cannot be eliminated without substantively changing the nature of the activity.

Inherent Risks & Dangers: The Activities offered at the Facilities may include sparring, submission holds, chokes, and strikes. Specifically, Brazilian Jiu-Jitsu is a martial art based on grappling and ground fighting, focusing on the skill of controlling one’s opponent through techniques that force the opponent to submit.

There are several categories of inherent risks and dangers in martial arts training; some examples follow. Contact-related inherent risks and dangers include, but are not limited to, striking blows by punches or kicks, wrestling maneuvers, falls, accidental blows, vascular restraints (strangulation), deformations in body extremities, and joint locks, which is forcing a joint to bend the “wrong” way. Joint and muscular risks and dangers present in the Activities include, but are not limited to, muscle strains and tears, as well as tendon and ligament damage, whether temporary or permanent. Collision-related inherent risks and dangers include, but are not limited to, colliding with an opponent, collisions with other pairs of participants on the mat, and collision with a wall, floor, and/or stationary object. Infectious disease inherent risks and dangers include three types of infectious disease: (1) those spread primarily from contact with skin, including, but not limited to, bacterial infections (e.g., staphylococcal infections, MRSA, impetigo), viral infections (e.g., herpes simplex, molluscum contagiosum, roseola), and fungal infections (e.g., ringworm, athlete’s foot); (2) contagious diseases spread through droplets, exposure to an infected person, contact with infected surfaces, and/or other means (e.g., colds, influenza, measles, tuberculosis, COVID-19); and (3) those spread primarily through blood and contact with an infected person’s blood (e.g. human immunodeficiency virus, hepatitis, syphilis, malaria). Inherent risks and dangers of judgment errors by the Facilities’ personnel include, but are not limited to, momentary distraction or inattention while supervising, failure to quickly recognize a developing dangerous condition, failure to spot a participant behaving dangerously, judgment error in evaluating participant ability or capability, judgment error in matching participants or in judging readiness to progress, and error in judging that instruction was adequate and/or clear to participants. Participant/Co-Participant inherent risks and dangers include, but are not limited to, erratic or reckless acts, failure to follow directions, anger and retaliatory acts, violation of safety rules, and spontaneous acts that endanger others.

In light of these normal and inherent risks and dangers of the Activities, it is very important that the Participant understands the three types of injuries that can occur: (1) the common minor injury (e.g., muscle strains and sprains, bruises, black eyes, abrasions, and contusions); (2) the occasional serious injury (e.g., broken bones, ligament and joint injuries, cervical and/or spine injuries, finger deformation, concussions, cuts, broken teeth, and eye injuries); and (3) the rare catastrophic injury (e.g., brain injury, paralysis, heart attack, permanent disability, and death). Even though the likelihood of a catastrophic injury is remote, the Participant should be aware of all possibilities. Participant understands and agrees that the inherent risks and dangers described herein cannot be completely eliminated.

In consideration of being allowed to participate in the Activities and use the Facilities, and for other good and valuable consideration, I hereby acknowledge, understand, and agree as follows:

1. 1. Assumption of Inherent Risks and Dangers: As Participant, or the Parent or Legal Guardian of Participant, I acknowledge that I have read the above paragraphs and know and understand the inherent risks and dangers present in the Activities and Facilities. Further, I understand the demands of the Activities relative to my physical condition and skill level (or that of my child), and I appreciate the types of injuries that may occur as a result of participating in the Activities and their potential impact on my well-being and lifestyle (or that of my child).  By signing this Agreement, I freely, knowingly, fully and voluntarily accept and assume responsibility for all inherent risks and dangers described herein and other potential risks, including the possibility of personal injury, death, permanent disability, property damage, including, but not limited to, personal property such as lost wages and the ability to earn such wages, or other loss that may result therefrom. I further acknowledge that I have the full authority to bind Participant to this waiver, release, indemnification, and assumption of risk agreement (“Agreement”).

1. 2. Waiver of Liability: I WAIVE ANY AND ALL CLAIMS for personal injury, death, permanent disability, illness, property damage, whether personal or physical, or other loss that I or Participant may have against BJJ North Phoenix, LLC, d.b.a., Gracie Jiu-Jitsu North Phoenix, or Gracie Global, LLC, d.b.a. Gracie University, its owners, members, principals, directors, sponsors, affiliates, employees, representatives, agents, and any coaches or volunteers (collectively, “Gracie North Phoenix”) arising out of participation in the Activities, use of the Facilities, or the inherent risks and dangers involved and described herein. Further, I RELEASE GRACIE NORTH PHOENIX FROM ANY AND ALL LIABILITY for any personal injury, death, permanent disability, illness, property damage, whether personal or physical, medical expense, theft of Participant’s (or child’s) property, or other loss or expenses that I or Participant may suffer or incur, or that any other party may suffer or incur, as a result of participation in the Activities, use of the Facilities, or the inherent risks and dangers involved and described herein. This means that I am releasing Gracie North Phoenix of liability for injury to me (or my child) even if the injury was caused by Gracie North Phoenix negligence or carelessness; this waiver is not intended to protect against actions exceeding ordinary negligence (i.e., gross negligence, recklessness, willful/wanton actions, or intentional acts).

1. 3. Indemnification: I AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY GRACIE NORTH PHOENIX from any and all liability for any personal injury, death, permanent disability, illness, property damage, or other loss to any third party resulting from my or Participant’s participation in the Activities, use of the Facilities, or the inherent risks and dangers involved and described herein. I understand this means I will compensate Gracie North Phoenix for loss or damage and agree to pay any judgment and costs, including investigation costs, attorneys’ fees, expert witness fees, and related expenses from any claim, cause of action, or lawsuit filed by or on the behalf of Participant or Participant’s child. I further agree to hold harmless, defend and indemnify Gracie North Phoenix against any and all claims of co-participants, rescuers, and others arising from the conduct of the Participant while on the Facilities.

1. 4. Entire Agreement: This is the entire agreement between Gracie North Phoenix and me and cannot be modified, altered or changed in any way by representations or statements made by Gracie North Phoenix.

1. 5. Severability: This Agreement is intended to be as inclusive as permitted by the laws of the State of Arizona and that if any portion thereof is held as invalid, it is agreed that the remaining portions of this Agreement shall continue in full legal force and effect.

1. 6. Venue, Jurisdiction, & Choice of Law: If legal action is brought arising from the Activities or Facilities, the venue for any legal action shall be in the appropriate trial court for Maricopa County, Arizona, or the United States District Court for the State of Arizona, and that the substantive laws of the State of Arizona shall apply.

1. 7. Binding of Successors: This Agreement shall be effective and binding upon my spouse, legal partner, heirs, next of kin, executors, administrators, successors, and assigns in the event of personal injury, including death, illness, or property damage, whether personal or physical.

1. 8. Acknowledgement of Understanding: I, the Participant, or parent/legal guardian of the child participant, have read and fully understand this this wavier, release, indemnification, and assumption of risk agreement, and understand that I am relinquishing and forfeiting substantial rights, including my right to sue for damages in the event of death, injury, property loss, or financial loss incurred by Participant or my minor child. I (and my minor child, if applicable) fully recognize that the Activities are dangerous and carry the inherent and dangerous risks as described herein. I acknowledge that I am voluntarily signing this Agreement, and I intend my signature to be a complete release of liability arising from injuries/illness/loss while participating in the Activities and while using the Facilities due to the inherent risks and dangers described herein or the ordinary negligence of Gracie North Phoenix, as allowed to the greatest extent by laws of the State of Arizona. I further acknowledge that, in executing this Agreement, I am not relying on any inducements, promises, or representations made by Gracie North Phoenix.

1. 9. Participant’s Representations: By participating in the Activities and using the Facilities, I agree and acknowledge that:

1. (A) Participant is in good health and in physical condition to participate in any and all Activities;

1. (B) Participant has not been diagnosed with COVID-19 or exposed to someone who has been diagnosed with COVID-19, and if such diagnosis or exposure has occurred, Participant agrees not to attend classes at Gracie North Phoenix. Further, if Participant is displaying symptoms associated with COVID-19, such as fever, respiratory symptoms, including coughing, sore throat, and shortness of breath, runny nose, headache, nausea, diarrhea, vomiting, loss of sense of smell, altered sense of taste, loss of appetite and fatigue, Participant understands that I may be asked to leave;

1. (C) During Activities, Participant will not be under the influence of alcohol, prescription or illicit drug, or any intoxicant that could in any way impair Participant’s ability to safely participate in Activities;

1. (D) Participant has and will maintain appropriate medical insurance while participating in any Activities;

1. (E) Participant will not video record or photograph any classes or training without prior written consent from Gracie North Phoenix;

1. (F) Participant understands there are surveillance cameras mounted throughout the facility for purposes of safety, security and quality control. Participant further understands and acknowledges that video recordings or photographs may be taken of me during classes and/or training. I hereby authorize and permit Gracie North Phoenix to have unlimited and perpetual use of my likeness in any format – photo, video, or other – for promotional advertisement or commercial use in any format known, or yet to be developed, and I further acknowledge that I forfeit any payment associated with such use of my likeness by Gracie North Phoenix;

1. (G) Participant has not been advised against participation in any Activities by a health professional; and

1. (H) Participant will only participate in those Activities for which Participant has sufficient skill to avoid injury.

I have read, understood, and agree to the terms and conditions outlined herein.

Participant Name: {name}
Parent / Legal Guardian Name (If participant is under the age of 18):
Sign Date: {sign_date}