RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FOR OPEN GUARD JIU JITSU, LLC.
In consideration of participating in health, fitness, or martial arts activities, and for other good and valuable consideration, I hereby agree to release and
discharge from liability arising from negligence OPEN GUARD JIU JITSU, LLC. (OGJJ) and its owners, directors, officers, employees, agents,
volunteers, participants, other companies owned by owners, and all other persons or entities acting for them (hereinafter collectively referred to as
“Releases”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
1. I understand that martial arts is the systems of unarmed and armed fighting techniques including but not limited to: jiu jitsu, kickboxing, hapkido and
wrestling. Gym activities may also include general fitness, weights, stretching, yoga, strength & conditioning.
2. I understand that these martial arts techniques, formal exercises, conditioning exercises, and other physical activities will require me to engage in
strenuous physical exercise and activity, either individually, in participation with other students, instructors at the facility, or with physical objects.
These activities involve known and unanticipated risks that could result in physical or emotional injury, paralysis or permanent disability, death, and
property damage. Risks include, but are not limited to, musculoskeletal injuries, broken bones, and/or overuse injuries; tissue or organ damage;
abrasions, bruises, bleeding; medical conditions resulting from physical activity; injuries caused by equipment that breaks or otherwise fails; and
damaged clothing and other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, precautions, or
preparations without jeopardizing the essential qualities of the activity.
3. I understand that the types of injuries described in above paragraphs may result not only from intentional action, but also from inadvertent, negligent,
or reckless action, by myself or others, including the malfunction or failure of any of the equipment or facilities (including but not limited to pads,
protectors, punching bags, ropes, straps, balls, blocks, kettlebells, weights, and tumbling mats, etc) and errors or mistakes in instruction or
performance of fighting or defense techniques by instructors or students in the facility.
4. I understand that the Releases do not authorize me to use any of the martial arts techniques that I learn in my studies against any other person, in any
circumstances other than during martial arts training, exhibitions, or demonstrations in which my instructors, my physician, and I agree I am
sufficiently qualified and physically able to participate in the facility or elsewhere.
5. I understand that it is my duty to consult my physician before beginning any exercise program or participating in any athletic activity including but not
limited to martial arts. If I have any disabilities or illnesses, am pregnant, or currently seeing a psychological therapist, I have advised Releases of this
fact, and will obtain written consent from my physician or therapist to participate in any activities in the facility. If at any time I believe that event
conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
6. I hereby irrevocably release, consent and authorize OGJJ and its agents to use my photograph/video/likeness/voice, as it pertains to my participation
with OGJJ, in any manner for promotional efforts without expectation of or right to any reimbursement in connection with its use.
7. I have not requested nor received any warranties as to the effectiveness of any activity/technique.
8. I expressly accept and assume all of the risks inherent in the activity or that might have been caused by the negligence of the Releases. My
participation in this activity is purely voluntary and I elect to participate despite the risks. I agree to abide by all facility rules.
9. In the event of an injury, condition, or death that surpasses the capabilities of OGJJ, its officers, agents, employees, organizers, representatives, and
successors, I hereby give permission to obtain qualified emergency medical assistance to myself, my son/daughter and to not hold OGJJ, its officers,
agents, employees, organizers, representatives, and successors liable for such occurrence. I represent that I have adequate insurance to cover any
injury/damage I may suffer or cause while participating in these activities, or else I agree to bear the costs of such injury/damage myself.
10. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releases from any and all claims, demands, or causes of
action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence.
Should Releases or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and
hold them harmless for all such fees and costs. In the event that I file a lawsuit, I agree to do solely in the state where Releases’ facility is located, and
I further agree that the substantive law of that state shall apply.
11. I agree that if any portion of this agreement is found to be void/unenforceable, the remaining portions shall remain in full force &effect.
12. I intend this Agreement, Assumption of Risks, and Waiver to be binding upon any and all of my parents, children, present and former spouses or life
partners, heirs, assigns, friends, personal representatives, and estate in perpetuity.
13. I agree to become familiar with the rules of OGJJ concerning student conduct and to not violate said rules or directive or instruction made by the
person or persons in charge of said activity and I will further assume the complete risk of any activity done in violation of any rule or directive or
instruction.
I assume all risk of injuries and/or death associated with participation including, but not limited to, falls, contact with other participants, the effects of the
weather, including high heat and/or humidity, and all other known and/or unanticipated risks being known and appreciated by me. I further represent that I
have no medical, physical, or mental condition which could interfere with my safety in this activity, or else I am willing to assume - and bear the costs of -
all risks that may be created, directly or indirectly, by any such condition. I hereby acknowledge my responsibility in communicating any physical and
psychological concerns that might conflict with my participation in activity. I have had sufficient time to read this entire document and, should I choose to
do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me if I were to choose not to sign this
release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain.
By my signature I indicate that I have read and understand this Waiver of Liability. I agree that if I am hurt or my property is damaged during
my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being
released on the basis of any claim for negligence. I am aware that this is a waiver and a release of liability and I voluntarily agree to be bound by
its terms. In consideration of my child/children being permitted to participate in this activity, I further agree to indemnify and hold harmless
Releases from any claims alleging negligence which are brought by or on behalf of minor(s) are in any way connected with such participation by
minor(s).
Open Guard Brazilian Jiu Jitsu