STATE OF TEXAS | COUNTY OF TARRANT | PARTICIPATION AND RELEASE AGREEMENT
RKJJ Roberto Kaelin Brazilian Jiu-Jitsu / Keller Elite Martial Arts / Viper Brazilian Jiu-Jitsu
All participants and/or parents/guardians must read and sign this agreement before taking part in any class, training, or event at RKJJ Roberto Kaelin Brazilian Jiu-Jitsu / Keller Elite Martial Arts / Viper Brazilian Jiu-Jitsu.
This Participation and Release Agreement (“Agreement”) is entered into by and between RKJJ Roberto Kaelin Brazilian Jiu-Jitsu / Keller Elite Martial Arts / Viper Brazilian Jiu-Jitsu (collectively referred to as “the Company”) and the undersigned participant (“Participant”) and/or, if the Participant is under 18 years of age, the Participant’s parent or legal guardian (“Parent/Guardian”).
The Participant/Parent understands that martial arts, brazilian jiu-jitsu, judo, kickboxing, mixed martial arts, personal training, and all related physical activities involve inherent risks of injury, illness, property damage, or death. These risks include, but are not limited to, falls, strains, sprains, joint injuries, choking, collisions, contact with mats or equipment, and exposure to infectious diseases. The Participant/Parent voluntarily chooses to participate, understanding and assuming all such risks, both known and unknown, even if arising from the negligence of the Company or its representatives.
In consideration for being allowed to participate in any activity offered by the Company, the Participant/Parent, on behalf of themselves, their heirs, executors, administrators, and assigns, fully and forever releases, waives, discharges, and agrees not to sue the Company, its owners, officers, directors, employees, instructors, volunteers, and agents (including Roberto Kaelin personally) from any and all liability, claims, demands, losses, or damages of any kind arising out of or related to participation in any Company activity. This includes, without limitation, any claims for personal injury, illness, property damage, or death, whether caused by the ordinary or gross negligence of the Company or otherwise. The Participant/Parent expressly agrees that this Release is intended to be as broad and inclusive as permitted by Texas law.
The Participant/Parent agrees to indemnify, defend, and hold harmless the Company and its representatives from any and all claims, damages, judgments, costs, or expenses, including attorneys’ fees, arising out of or related to participation in any Company activity, including claims brought by or on behalf of a minor Participant, even after that minor reaches the age of majority.
The Participant/Parent represents that they and/or their child are physically and mentally fit to participate safely in all activities conducted by the Company. The Participant/Parent understands and agrees that the Company does not provide medical insurance or coverage for any injury, illness, or condition that may occur while participating in training, classes, or events. In the event of injury, illness, or medical emergency, the Participant/Parent authorizes the Company and its representatives to obtain or arrange for emergency medical treatment deemed necessary, including transportation to a hospital or medical facility. The Participant/Parent further agrees that all medical expenses, including ambulance fees, hospital costs, physician services, medications, therapy, and any related expenses, are the sole and full responsibility of the Participant/Parent, and that the Company, its owners, instructors, employees, and agents bear no financial responsibility or obligation for any such medical treatment or related costs, regardless of the cause or circumstances of the injury or illness.
The Participant/Parent authorizes the Company to use photographs, videos, and other likenesses of the Participant taken during activities for promotional and instructional purposes, including on websites, social media, and advertising materials, without compensation or further approval. The Participant/Parent understands that participation may expose them to infectious diseases, including COVID-19, and voluntarily assumes all associated risks.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any dispute or claim arising from this Agreement or participation in Company activities shall be resolved exclusively by binding arbitration in Tarrant County, Texas, in accordance with the rules of the American Arbitration Association. The Participant/Parent expressly waives any right to a jury trial.
If any portion of this Agreement is found invalid or unenforceable, all remaining provisions shall continue in full force and effect.
The Participant/Parent acknowledges that they have had the opportunity to review this Agreement and, if they choose, to have it reviewed by an attorney of their choice before signing. By signing below, the Participant/Parent acknowledges that they have carefully read this entire Agreement, fully understand its terms and legal consequences, understand they are giving up substantial legal rights including the right to sue the Company for any reason, and sign this Agreement freely and voluntarily without inducement or coercion.