Release, Liability WAIVER & Indemnity Agreement (Read Carefully Before Signing)
In consideration of being permitted to participate in any way in the Martial Arts Program, as defined below, by Gracie Barra Kirkland, currently located at 12802 NE 125th Way, Kirkland, WA, 98034 (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:
I am voluntarily seeking and consenting to participate in GBK’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, judo, ground fighting, grappling and other martial arts that commonly involve body contact with the ground as well as techniques such as chokes and joint locks; self- defense training; and other similar or related physical activities.
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 GBK prior to my participation and understand that my failure to do so further waives GBK liability from any and all injuries or other outcomes related to my continued participation in the Martial Arts Program.
I fully understand and acknowledge that THE ACTIVITIES OF THE MARTIAL ARTS PROGRAM ARE INHERENTLY DANGEROUS, such that: There are risks and dangers associated with my participation in the program that could result in bodily injury, partial and/or total disability, paralysis or death. The social and economic losses and/or injuries that could result from these risks and dangers described above could be severe. These risks and dangers may be caused by the action or inaction of myself or others, including, but not limited to, GBK and/or other participants in the program.
I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE GBK, 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 GBK; any action or non-action undertaken by GBK; all acts of negligence on the part of GBK; or any rescue/emergency actions or medical treatment undertaken by GBK, if any. This Agreement shall extend to my personal representatives, assigns, executors, heirs and next of kin.
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 GBK and I agree that the remainder of this Agreement shall remain in full force and effect.
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 GBK in defense of any such dispute.
I agree to hold GBK harmless and reimburse GBK 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.