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Liability Waiver
Liabilty WaiverLiability Waiver Agreement In consideration of being permitted to participate in any way in theMartial Arts Program, as defined below, by Council Bluffs Brazilian Jiu-JitsuAcademy (“CBBJJ”),currently located at 140 Kanesville, Council Bluffs, IA 51503 (the “Premises”), I, or, if a minor, theparent(s) and/orlegal guardian of the minor participant named below (hereinafter, collectively, “I,”“me” or “my”), enter into this Release, Liability Waiver andIndemnity Agreement (“Agreement”) andhereby agree:1.I am voluntarily seeking and consenting to participate in CBBJJ’s Martial ArtsProgram, which is defined to include, but not be limited to,martial arts instruction and relatedtraining, including those in the arts of Brazilian jiu-jitsu, judo, ground fighting, grappling and othermartialarts that commonly involve body contact with the ground as well as techniques such aschokes and joint locks; Muay Thai and other martial artsthat commonly involve striking; mixedmartial arts (MMA); self-defense training; and other martial arts that may be offered in the futureandfrom time to time; physical, strength and/or cardio conditioning; yoga and other flexibility ormeditative exercises; and other similar or relatedphysical activities. I understand that the variousactivities of the Martial Arts Program may take place in, outside of, around and off thePremises,and I have the choice not to participate in any or all activities, events or competitions offered byCBBJJ.2.I represent and warrant that I am either of proper physical condition to participate in theMartial Arts Program, understanding the demands andnature of the activities provided above, oraccept full responsibility for my participation therein in my current physical state. I agree todiscloseall medical conditions, ailments and other issues to CBBJJ prior to my participation inthe Martial Arts Program and understand that my failureto do so further waives CBBJJ’s liabilityfrom any and all injuries or other outcomes related to my continued participation in the MartialArtsProgram.3.I fully understand and acknowledge that THE ACTIVITIES OF THE MARTIAL ARTSPROGRAM ARE INHERENTLY DANGEROUS,such that:A.
There are risks and dangers associatedwith my participation in the Martial Arts Program that could result in bodily injury, partialand/ortotal disability, paralysis, or death.B.The social and economic losses and/or injuries thatcould result from these risks and dangers described above could be severe.C.These risks anddangers may be caused by the action or inaction of myself or others, including, but not limited to,CBBJJ and/or otherparticipants in the Martial Arts Program; the rules and regulations of theMartial Arts Program; or the nature of the facilities or equipmentused.D.There may be other risksand 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 fullresponsibility for theinjuries, maladies, losses and/or damages resulting therefrom, howevercaused and whether caused in whole or in part by CBBJJ.5. I understand and accept that I useany and all equipment and facilities “as-is” and at my own risk and peril, and I hold CBBJJharmlessfrom any and all consequences resulting therefrom, including, but not limited to, injury,malady, loss and death, regardless of the cause. I furtherunderstand that said use is voluntaryand by my own choice, and I may refuse said use and/or request the use or application ofalternativeequipment and facilities, although CBBJJ is not obligated either to provide alternateaccommodations or to compensate me for its refusal to doso.6. From time to time, CBBJJ mayhost, organize, or sponsor social and other extracurricular activities and events in, outside of,aroundand off the Premises that may or may not be directly related to the Martial Arts Program. Iunderstand that my involvement and/or participationin them is completely voluntary and agreethat the terms of this Agreement shall extend to, and include, such events and activities.7. In theevent that CBBJJ provides transportation to the Premises or any other location where CBBJJ isconducting any activity, event orgathering, I understand that my consent to be transported iscompletely voluntary and hereby agree that CBBJJ shall not bear any liability for anyinjury, loss,destruction, death or any other similar or related consequence either to my person or my propertyduring or as a result of such transportation, whether or not foreseeable and regardless of thecause. I further understand that CBBJJ is not obligated to provide anytransportation whatsoeveron any occasion, and I assume full responsibility for any injury, loss, destruction, death or othersimilar or relatedconsequence either to my person or my property during or as a result of mychoice of transportation.8. I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANTNOT TO SUE CBBJJ’s affiliates, owners, managers,promoters,lessees, directors, officers, agentsor employees, from all liability for any and all claims, demands, losses or damages arising out ofor relating tothe Martial Arts Program or any events or activities hosted, organized or sponsoredby CBBJJ; any action or non-action undertaken by CBBJJ; allacts of negligence on the part of 2Document ID: 253073544451050CBBJJ; or any rescue/emergency actions or medical treatment undertaken by CBBJJ, if any.
ThisAgreementshall extend to my personal representatives, assigns, executors, heirs and next ofkin.9. I further expressly agree that this Agreement is intended to be as broad and inclusive aspermitted by law. Any portion that is uncertain orchallenged as to its validity or enforceabilityshall be interpreted so that it most closely reflects the intent of the parties in entering intothisAgreement, to the greatest extent permitted by law. Otherwise, if any portion herein is heldinvalid or otherwise legally unenforceable by acourt of competent jurisdiction, both CBBJJ and Iagree that the remainder of this Agreement shall remain in full force and effect.10. Should anylegal dispute arise out of this Agreement, or regarding any subject matter contained herein, Iagree to pay for all attorney’s feesand costs reasonably incurred by CBBJJ in defense of any suchdispute.11. I agree to hold CBBJJ harmless and reimburse CBBJJ for all costs incurred on mybehalf.12. CBBJJ reserves the right to cancel student and instructor membership/employmentshould there be any unwanted sexual advances of anykind. NO lewd behavior will be tolerated orany expression of interest outside of a professional capacity.13. Student/Professors give CBBJJ,its subsidiaries, affiliates and assignees all rights to use, publish and copyright my picture,portrait andlikeness, in whole, including alterations, modifications, derivations and compositesthereof, in advertising and promotion of theaforementioned production / presentation throughoutthe world. This right shall include the right to combine my likeness with others and toalter mylikeness, by digital means or otherwise, for the purposes set forth herein.14. CBBJJ herebyadvises that said student/instructors will be on camera.15. The validity, interpretation and legaleffect of this agreement shall be governed by the laws of the State of Iowa and Iowa only, willhavejurisdiction of any controversies regarding this agreement, and any action or otherproceeding which involves such a controversy will bebrought in those courts, in the county ofattendance, and not elsewhere.I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY,ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLYUNDERSTAND ITS TERMS,UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNEDITFREELY AND VOLUNTARILY WITHOUT ANY COERCION, INDUCEMENT, ASSURANCE, ORGUARANTEE BEING MADE TO MEAND INTEND MY SIGNATURE TO BE A COMPLETE ANDUNCONDITIONAL RELEASE OF ALL LIABILITY FROM CBBJJ TO THEFULLEST EXTENTPERMITTED BY LAW.
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