In consideration of being permitted to participate in any way in the Martial Arts Program, as defined below, by GB Issaquah LLC DBA Gracie Barra Issaquah, currently located at 98 Front Street South Issaquah, WA 98027 (the “Premises”), I, or, if a minor, the parent(s) and/or legal guardian of the minor participant named below (hereinafter, collectively, “I,” “me” or “my”), enter into this Release, Liability Waiver and Indemnity Agreement (“Agreement”) and hereby agree:
1. I am voluntarily seeking and consenting to participate in GB Issaquah LLC's Martial Arts Program, which is defined to include, but not be limited to, martial arts instruction and related training, including those in the arts of Brazilian jiu-jitsu, grappling and other martial arts that commonly involve body contact with the ground as well as techniques such as chokes and joint locks;boxing, kickboxing and other martial arts that commonly involve striking; mixed martial arts (MMA); self- defense training; and other martial arts that may be offered in the future and from time to time; physical, strength and/or cardio conditioning; yoga and other flexibility or meditative exercises; and other similar or related physical activities. I understand that the various activities of the Martial Arts Program may take place in, outside of, around and off the Premises, and I have the choice not to participate in any or all activities, events or competitions offered by GB Issaquah LLC.
2. I represent and warrant that I am either of proper physical condition to participate in the Martial Arts Program, understanding the demands and nature of the activities provided above, or accept full responsibility for my participation therein in my current physical state. I agree to disclose all medical conditions, ailments and other issues to GB Issaquah LLC prior to my participation in the Martial Arts Program and understand that my failure to do so further waives GBCM’s liability from any and all injuries or other outcomes related to my continued participation in the Martial Arts Program.
3. I fully understand and acknowledge that THE ACTIVITIES OF THE MARTIAL ARTS PROGRAM ARE INHERENTLY DANGEROUS, such that:
A.There are risks and dangers associated with my participation in the Martial Arts Program that could result in bodily injury, partial and/or total disability, paralysis or death.
B. The social and economic losses and/or injuries that could result from these risks and dangers described above could be severe.
C. These risks and dangers may be caused by the action or inaction of myself or others, including, but not limited to, GB Issaquah LLC and/or other participants in the Martial Arts Program; the rules and regulations of the Martial Arts Program; or the nature of the facilities or equipment used.
D.There may be other risks and dangers not known to us or are not reasonably foreseeable at this time.
4. I understand, accept and assume the above risks and dangers, both known and unknown, and I assume full responsibility for the injuries, maladies, losses and/or damages resulting therefrom, however caused and whether caused in whole or in part by GB Issaquah LLC.
5. I understand and accept that I use any and all equipment and facilities “as-is” and at my own risk and peril, and I hold GB Issaquah LLC harmless from any and all consequences resulting therefrom, including, but not limited to, injury, malady, loss and death, regardless of the cause. I further understand that said use is voluntary and by my own choice, and I may refuse said use and/or request the use or application of alternative equipment and facilities, although GB Issaquah LLC is not obligated either to provide alternate accommodations or to compensate me for its refusal to do so.
6. From time to time, GB Issaquah LLC may host, organize or sponsor social and other extracurricular activities and events in, outside of, around and off of the Premises that may or may not be directly related to the Martial Arts Program. I understand that my involvement and/or participation in them is completely voluntary and agree that the terms of this Agreement shall extend to, and include, such events and activities.
7. In the event that GB Issaquah LLC provides transportation to the Premises or any other location where GB Issaquah LLC is conducting any activity, event or gathering, I understand that my consent to be transported is completely voluntary and hereby agree that GB Issaquah LLC shall not bear any liability for any injury, loss, destruction, death or any other similar or related consequence either to my person or my property during or as a result of such transportation, whether or not foreseeable and regardless of the cause. I further understand that GB Issaquah LLC is not obligated to provide any transportation whatsoever on any occasion, and I assume full responsibility for any injury, loss, destruction, death or other similar or related consequence either to my person or my property during or as a result of my choice of transportation.
8.I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE GB Issaquah LLC, and Gracie Barra Franchise Systems Inc located at: 300 Spectrum Center Drive Suite 400 Irvine, CA 92618, its affiliates, owners, managers, promoters, lessees, directors, officers, agents or employees, from all liability for any and all claims, demands, losses or damages arising out of or relating to the Martial Arts Program or any events or activities hosted, organized or sponsored by GB Issaquah LLC; any action or non-action undertaken by GB Issaquah LLC; all acts of negligence on the part of GB Issaquah LLC; or any rescue/emergency actions or medical treatment undertaken by GB Issaquah LLC, if any. This Agreement shall extend to my personal representatives, assigns, executors, heirs and next of kin.
9. I further expressly agree that this Agreement is intended to be as broad and inclusive as permitted by law. Any portion that is uncertain or challenged as to its validity or enforceability shall be interpreted so that it most closely reflects the intent of the parties in entering into this Agreement, to the greatest extent permitted by law. Otherwise, if any portion herein is held invalid or otherwise legally unenforceable by a court of competent jurisdiction, both GB Issaquah LLC and I agree that the remainder of this Agreement shall remain in full force and effect.
10. Should any legal dispute arise out of this Agreement, or regarding any subject matter contained herein, I agree to pay for all attorney’s fees and costs reasonably incurred by GB Issaquah LLC in defense of any such dispute.
11. I agree to hold GB Issaquah LLC harmless and reimburse GB Issaquah LLC for any and all costs incurred on my behalf.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY COERCION, INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY FROM GBCM TO THE FULLEST EXTENT PERMITTED BY LAW.
In consideration of GB Issaquah LLC, DBA- Gracie Barra Issaquah ("Gracie Barra") allowing the undersigned to participate in training at the above referenced facility, I for myself, my heirs, personal representitive or assigns, do hereby release, waive, discharge, and covenant not to sue Gracie Barra, it's directors, officers, employees and agents from liability from any and all potential claims related to or resulting in personal injury or illnesses (including death) and property loss arrising from any COVID-19 transmission that results from the undersigned being present at the facility and participating in training.
Assumption of Risk:
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. I have read the previous paragraph and I know and understand and appreciate these and other risks that 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 Gracie Barra, it's directors, officers, employees, and agents from any and all claims, actions, suits, costs, expenses, damages, and liabilities including attorney fees resulting from any COVID-19 transmission that occurs from being present at the facility and participating in training.
The undersigned further expressly agrees that the forgoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the state of Washington and that if any portion thereof is held valid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
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 the law. 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 such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell and I have not had any recent contact with anyone who has COVID-19.