Bushido-Kai Brazilian Jiu-Jitsu Release, Liability Waiver & Indemnity Agreement

In consideration of being permitted to participate in any way in the martial arts program provided by Bushido-Kai Brazilian Jiu- Jitsu ("BKBJJ"), currently operating at 31 Creek Road, Irvine, CA 92604 (the "Premises"), I, or, if a minor, the parent(s) and/or legal guardian of the minor participant named below (hereinafter, collectively, "1," "me" or "my"), enter into this Release, Liability Waiver and Indemnity Agreement ("Agreement") and hereby agree:

1. The risks of injury and illness (ex: communicable diseases such as MRSA, influenza, and COVID-19) from the activities of the martial arts program are SIGNIFICANT AND INHERENTLY DANGEROUS, such that: (a) my participation in the martial arts program 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 could be severe; and (c) these risks and dangers may be caused by the action or inaction of myself or others, including, but not limited to, BKBJJ 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.
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF BKBJJ or others, and assume full responsibility for my participation.
3. I agree to disclose all medical conditions, ailments and other issues to BKBJJ prior to my participation in the martial arts program and understand that my failure to do so further waives BKBJJ liability from any and all injuries or other outcomes related to my continued participation in the martial arts program. 4. I understand and accept that use any and all equipment and facilities "as-is" and at my own risk and peril, and I hold BKBJJ 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 may refuse said use and/or request the use or application of alternative equipment and facilities, although BKBJJ is not obligated either to provide alternate accommodations or to compensate me for its refusal to do so.
4. I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately
5. From time to time, BKBJJ 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 thatmy 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.
6. I acknowledge that I may be photographed or filmed while attending at the premises of BKBJJ, and I give my permission to BKBJJ. and any affiliates to use any and all photos, video footage, and/or video streaming for promotional, sales, publicity, and advertising purposes for all media including internet.
7. I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE BKBJJ. 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 BKBJJ; any action or non-action undertaken by BKBJJ; all acts of negligence on the part of BKBJJ; or any rescue/emergency actions or medical treatment undertaken by BKBJJ. if any. This Agreement shall extend to my personal representatives, assigns, executors, heirs and next of kin.
8. 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 BKBJJ and I agree that the remainder of this Agreement shall remain in full force and effect.

Bushido-Kai Brazilian Jiu-Jitsu Release, Liability Waiver & Indemnity Agreement (Continued)

IHAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

For Participants of Minority Age (Under Age 18 at the Time of Registration)

This is to certify that I, as parent/guardian with legal responsibility for this participant, have read and explained the provisions in this Agreement to my child/ward including the risks of the activity and his/her responsibilities for adheringto the rules and regulations. Furthermore, my child/ward understands and accepts these risks and responsibilities. for myself, my spouse, and child/ward do consent and agree to his/her release provided above for BKBJJ and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless BKBJJ from any and all liabilities incident to minor child's/ward's involvement or participation in these activities as provided by BKBJJ, EVEN IF ARISING FROM my THEIR NEGLIGENCE, to the fullest extent permitted by law.