WAIVER
Waiver of Liability and Assumption of Risk Agreement
Waiver of Liability: In consideration of permission to use the property, facilities and services of Brizilian Jiu-Jitsu LLC, DBA Carlson Gracie Tucson Academy (“Carlson Gracie Tucson” or “Carlson Gracie”, or Naruepon Muay Thai) allowing the undersigned to participate in training at the above referenced facility, I on behalf of myself, my heirs, personal representatives or assigns, I do hereby release, waive, discharge, and covenant not to sue Carlson Gracie Tucson, or Brizilian Jiu-Jitsu, LLC, or Nareupon Muay Thai, its owners, directors, officers, employees, volunteers, independent contractors, and agents from liability from any and all claims and potential claims including those arising from the ordinary negligence of Carlson Gracie Tucson, Brizilian Jiu-Jitsu, LLC, its owners, directors, officers, employees, volunteers, independent contractors, and agents. This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in Jiu-jitsu activities (including but not limited to organized training activities, games, fitness tests, sparring, observation and individual use of the facilities or equipment, and all premises including the associated sidewalks and parking lots) or from the undersigned being present at the facility, located at 8822 E Broadway Blvd., Tucson, AZ; and to 2) any and all claims resulting from the damage to , loss of , or theft of property arising from the undersigned being present at the facility, located at 8822 E Broadway Blvd., Tucson, AZ, and participating in training.
Assumption of Risk: Jiu-jitsu by its very nature carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Regardless of the care taken however, accidents and injuries can occur through no fault of the client and no fault of The Facility, its staff, or agents. The inherent risks of Jiu-jitsu and any strength training and cardiovascular activities vary with the activities and muscle groups involved. Common minor risks include minor muscle strains, muscular fatigue, and post work-out/post-exercise soreness. More serious, but infrequent risks include joint sprains, torn muscles, and back injuries. There is also the very remote risk of catastrophic incident (e.g., heart attack, stroke, paralysis, or death). I have read all of this, and the previous paragraphs and I know the nature of the activities at Carlson Gracie Tucson Academy (“Carlson Gracie Tucson” or “Carlson Gracie”, Brizilian Jiu-Jitsu, LLC). I understand the demands of those activities relative to my physical condition and skill level, and I appreciated the types of injuries that may occur as a result of activities made possible at Carlson Gracie Tucson. I hereby assert that my participation is voluntary and that I knowingly assume all such risks and while aware of these risks I have elected to be present at the facility and participate in training. Furthermore, at this time some human contact or confinement in the same location carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid COVID-19 transmission, or any other contagious illness. I have read the previous paragraph and I know and understand and appreciate these and other risks are inherent in the activity I am participating in. I hereby assert that my participation is voluntary and that I knowingly assume all such risks and while aware of these risks I have elected to be present at the facility and participate in training.
Indemnification and Hold Harmless: I also agree to indemnify and hold harmless Carlson Gracie Tucson, Brizilian Jiu-Jitsu, LLC its directors, officers, and employees from any and all claims, actions, suits, costs, expenses, damages, and liabilities including attorney's fees resulting from any personal injury, or illness (including death), property loss, or COVID-19 transmission that occurs from being present at the facility and participating in training. I further expressly agree to pay all costs and attorneys’ fees incurred by Carlson Gracie Tucson, Brizilian Jiu-Jitsu, LLC, in investigating and defending a claim brought by me on or on my behalf by my heirs, personal representative, or assigns.
Severability: I, the undersigned, further expressly agree that the foregoing Assumptions of Risks, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Arizona and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Likewise, I agree that if legal action is brought, it must be brought in the appropriate court in Tucson, Arizona.
Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, and fully understand its terms. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. Furthermore, I attest that I have not tested positive for COVID-19, or if I have previously tested positive for COVID-19, I have been cleared by a medical professional that I no longer carry COVID-19. Additionally, I do not have any symptoms consistent with COVID-19 and I have not had any recent contact with anyone who has COVID-19.
Name of Student: ______________________ Signature & Date: _________________________
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Signature of Parent or Guardian: _________________________
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