San Antonio Jiu-Jitsu Academy

CBC Jiu Jitsu, LLC dba San Antonio Jiu-Jitsu Academy

Warning, Waiver, Release of Liability, Assumption of Risk, and Agreement to Participate

THIS AGREEMENT MUST BE SIGNED BY ALL MEMBERS WHO WISH TO PARTICIPATE IN ANY CBC JIU JITSU, LLC dba SAN ANTONIO JIU-JITSU ACADEMY SANCTIONED EVENT, ACTIVITY, OR PROGRAM

In consideration of being allowed to participate in any sanctioned events, activities, or programs of CBC Jiu Jitsu, LLC dba San Antonio Jiu-Jitsu Academy, I, {name}, on behalf of myself or my dependent:

1. Recognize and understand that jiu-jitsu training is a physical contact activity which carries inherent risks, and that my participation might result in serious injury, including permanent disability or death, as well as 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 general nature of participation, or of any of the equipment used.
3. Recognize that there may be other risks which are unknown to me or others or are not reasonably foreseeable at this time.
4. Agree to inspect facilities, equipment, and pairings prior to participation. I will promptly inform an instructor if I believe that anything is unsafe or beyond my capability and will not participate.
5. Assume all the foregoing risks and accept personal responsibility for any damages that may result from injury, permanent disability, or death.
6. Enter jiu-jitsu training and/or competition entirely of my own free will and understand the importance of following the rules of training and competition.
7. I certify that I have no disease, infirmity, injury, or other condition that would impair or inhibit my ability to engage in any event, activity, or program, or physical and/or mental well-being during intense training practice and/or competition.
8. Grant consent in the event of injury to have a doctor, nurse, athletic trainer, or any other emergency medical personnel provide me with medical assistance or treatment.
9. Release, waive, discharge, and covenant not to sue San Antonio Jiu-Jitsu Academy, its affiliated organizations and governing bodies, its officers, instructors, and personnel, participants, supervisors, coaches, sponsoring organizations or their agents, and if applicable, owners and lessors and lessees of the premises from any and all liability to the undersigned, his or her heirs and next of kin for any and all claims, demands, losses, and damages which may be sustained on account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the releasees or otherwise.

I HAVE READ THE ABOVE WARNING, WAIVER, RELEASE, ASSUMPTION OF RISK, AND AGREEMENT TO PARTICIPATE. I UNDERSTAND ITS CONTENTS AND DO HEREBY SIGN IT VOLUNTARILIY.

Member Name: {name}

Date: {sign_date}

Risk Agreement

ADVISORY OF RIGHTS AND RESPONSIBILITIES

Safety is not the sole responsibility of Academy instructors and staff. Everyone in class is responsible for their own safety and the safety of those around them. All students have the right and responsibility to excuse themselves from any exercise they believe will be harmful to them. All students must evaluate each situation in the context of their skill and current physical condition, and conduct each drill in a manner that is safe. If an instructor gives an instruction that is unsafe for the student, it is the student’s responsibility to inform the instructor that the activity may be unsafe. The instructor will excuse the student from unsafe exercises and drills. The instructor may ask for an explanation, and the student is expected to provide one.

All students have the responsibility to train and conduct themselves in a manner that helps all students and instructors remain safe. Students must give those who are training enough room to avoid interfering and avoid being inadvertently struck by someone else practicing. In the event of injury, students have the right and responsibility to evaluate the extent of harm, stopping what they are doing even if it includes a partner, and determining if it is safe to continue. In the event of a serious injury or the appearance of a serious injury, all students, instructors, staff, and visitors have the right to call a stop to a particular training exercise.

ASSUMPTION OF RESPONSIBILITIES AND RISK

Jiu-Jitsu training is a potentially dangerous activity. Bumps, bruises, scrapes, scratches, and soreness are commonplace, and most students will encounter this sort of minor injury from time-to-time in their training. More serious injuries are possible, including sprains, strains, twists, cramps, and ailments of a similar magnitude, and the student can be expected to encounter such ailments. The possibility of more serious injury exists, including broken bones, torn ligaments, and other injuries. There remains, despite safety precautions, the remote possibility of crippling or death.

I understand the above statement of risk, and I understand the rights and responsibilities of students. I assume responsibility for my own safety (or the safety of my minor child), understanding and accepting the risks involved with jiu-jitsu training. By assuming this risk, I completely absolve all instructors, staff, guests, students, landlords, management companies, and any and all other parties of liability for my harm, unless intentionally caused in criminal conduct.

CONSENT TO PHYSICAL CONTACT

I understand the nature of physical contact in jiu-jitsu training, including the possibility of male and female students and adults and minors training together, and I understand that I have the right to withdraw from any exercise or drill in which the contact of any party seems beyond the scope of training and makes me uncomfortable. I agree to abide by Academy etiquette in all matters relating to training, and I shall not in any way conduct myself inappropriately or take inappropriate advantage of the contact jiu-jitsu training allows.

INDEMNIFICATION BY PARENTS

Applicable only to parents enrolling a minor child

I agree not to bring any claim or suit against the Academy, instructors, staff, guests, students, landlord, or any other parties on behalf of my child for any injury or harm sustained by any event short of a criminal act, and then only the criminal party shall be the subject of such a suit. I further agree that I will not cause to be brought, nor encourage a claim or suit. I shall indemnify the school, instructors, staff, guests, students, and any and all additional defendants covered by this agreement for all judgments, costs, attorney fees, and other expenses incurred as a result of a breach of this agreement.

ARBITRATION CLAUSE

Should any dispute arise between me, my child, or anyone acting on behalf of my child, regarding the Academy, then I specifically agree that the dispute shall be resolved in binding arbitration. Should a suit be filed in Court, I specifically authorize the Court to order the case to a binding arbitration.

SEVERABILITY

If any clause, sentence, phrase, or statement is found unenforceable or invalid by any Court of Law, the remainder of the document shall remain valid and enforceable, and the invalid clause, sentence, phrase, or statement shall be removed from the document.

DURABILITY

This document is effective from the date signed with no expiration. Further, the terms of this document are retroactive to the beginning of training and visiting the Academy if this document was signed after that date.

AUTHORITY TO TREAT

I give the instructors, staff, and responsible adults the power to authorize medical or other treatment of the student named, subject to the limitations below, if any. If I am not the named student, I am the parent, guardian, or responsible adult for the named student and I have legal right to grant this power. Treatment may be made without regard to whether I or any other parent, guardian, or responsible person has been contacted or has consented to the specific treatment, provided it does not conflict with the limitations outlined below. This authority begins on the date signed and continues indefinitely.

By granting my authorization, I assume responsibilities for all decisions made, provided they are reasonable decisions under the circumstances based on the knowledge and understanding of the person making the decisions, and I trust their judgment and offer the benefit of the doubt to them in any claim or legal proceeding. This presumption may only be overcome by evidence that they acted with malice or willful gross negligence.

I understand that the instructors, senior students, or others may have some skills in first aid and/or CPR, and at their discretion I authorize them to use those skills and techniques to assist in any circumstance in which they judge their skills would be necessary or helpful.

Member Name: {name}

Date: {sign_date}

PHOTOGRAPH RELEASE FORM

I grant San Antonio Jiu-Jitsu Academy permission to use photographs taken of myself or my dependents during jiu-jitsu classes and/or while on the premises of San Antonio Jiu-Jitsu Academy for any legal use, including but not limited to: publicity, copyright purposes, illustration, advertising, and web content. Furthermore, I understand that no royalty, fee or other compensation shall become payable to me by reason of such use.

Date: {sign_date}

Member Name: {name}