WAIVER OF LIABILITY, RELEASE, AND HOLD HARMLESS AGREEMENT
By signing this WAIVER OF LIABILITY, RELEASE, AND HOLD HARMLESS AGREEMENT, I, {name}
1. Recognize and understand that martial arts training is an activity that involves physical contact and that my or my child's participation might result in serious injury, including permanent disability or even death, and severe social and economic loss.
2. Recognize and understand that such risk may be due to not only my own actions, but also the action, inaction or negligence of others, the regulations of participation, or the conditions of the premises, or of any of the equipment used.
3. Recognize that there may be other risks that are not known to me or to others or not reasonably foreseeable at this time.
4. Agree to inspect the facilities, equipment and pairings prior to participation, and will immediately inform an instructor if I believe that anything is unsafe or beyond my capability, and will refuse to participate.
5. Assume all of the foregoing risks and accept personal responsibility for any damages that may result from injury, permanent disability or death.
6. Enter martial arts training and/or competition entirely of my own free will and understand the importance of following the rules of training and competition.
7. In consideration for receiving permission to participate in Brazilian Jiu-Jitsu, Wrestling, Muay Thai, Kickboxing, Boxing, or any other physical activity, at Wish Martial Arts LLC, Axis Jiu-jitsu, and Axis Brazilian Jiu-Jitsu, I hereby RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND HOLD HARMLESS: Wish Martial Arts LLC, Axis Jiu-Jitsu, Axis Brazilian Jiu-Jitsu, any DBA operating under any named entity, and Jonathan A Wish specifically (hereinafter collectively referred to as RELEASEES), and any partner, owner, employee, instructor, servant, representative, associate, officer, agent, volunteer, successor, and relative associated with RELEASEES and assigns of RELEASEES from any and all liability, claims, demands, action, judgments, costs, expenses, court costs, attorney fees and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or those whom I represent as guardian, or to any property belonging to me, WHETHER CAUSED BY THE RELEASEES, including but not limited to, SOLE, CONTRIBUTORY OR GROSS NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted.
8. I hereby elect to voluntarily participate in said activity, and to enter the above-named premises and engage in such activity knowing that certain risks of harm are or may be inherent in the various activities contemplated herein and that the activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an activity, WHETHER CAUSED BY THE, including but not limited to, SOLE, CONTRIBUTORY OR GROSS NEGLIGENCE OF RELEASEES or otherwise.
9. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, demands, liens, liabilities, judgments or costs, including court costs and attorney fees, that they may incur due to my participation in said activity, WHETHER CAUSED BY OR CONTRIBUTED TO IN WHOLE OR PART by any action or failure to act, negligence, breach of contract, or other misconduct on the part of RELEASEES or otherwise.
10. It is my express intent that this Release and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, personal representatives, executors and assigns, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Florida.
11. I expressly agree that this Release and Hold Harmless Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Florida, and if any portion of this Agreement is held to be invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made.
12. I am at least eighteen (18) years of age and fully competent; and I execute this Release and Waiver for full, adequate, and complete consideration fully intending to be bound by same.
13. I certify that I am in good physical condition, and have no disease, injury or other condition that would impair my performance or physical and mental well-being during intense training practice and/or competition.
14. Grant permission in case of injury to have a doctor, nurse, athletic training or other emergency, medical, or other personnel provide me with medical assistance or treatment for such injury, and hold harmless any RELEASEE or medical personnel for any injury, harm, or loss which occurs in the course of providing treatment.
I HAVE READ THE ABOVE WARNING, WAIVER, RELEASE, AND ASSUMPTION OF RISK. I FULLY UNDERSTAND ITS CONTENTS, AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I HEARBY SIGN IT VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY, AND HAVE BEEN GIVEN THE OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY AN ATTORNEY.
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Axis Jiu-Jitsu