ACKNOWLEDGEMENT OF RISK & RELEASE OF LIABILITY/ WAIVER FORM
This is a binding legal agreement; therefore, please clarify any questions or concerns before signing. As a Participant in the programs, activities and events of WABI SABI JIU JITSU — Wabi Sabi Brazilian Jiu-Jitsu Inc., the undersigned acknowledges and agrees to the following terms:
Acknowledgement of Risks:
I understand that Brazilian Jiu-Jitsu (BJJ) and related activities involve physical contact and strenuous physical activity. Participation in these activities entails inherent risks, including the risk of serious injury, permanent disability, paralysis, or death. These risks may arise from my own actions, the actions of others, the condition of the premises, or the equipment used. I acknowledge that these risks cannot be eliminated without jeopardizing the essential qualities of the activity.
Health and Fitness:
I represent and warrant that I am in good health and physical condition to participate in Brazilian Jiu-Jitsu (BJJ) and fitness activities. I do not have any medical condition, illness, or injury that would prevent me from safely participating. It is my responsibility to consult with my physician prior to and regarding my participation in BJJ classes and activities. I agree to provide written documentation from a physician affirming my ability to participate, if requested.
Description of Risk:
In consideration of my voluntary participation in the sport of Brazilian Jiu-Jitsu (BJJ) and the fitness programs, activities and events of the Organization, I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the sport of BJJ and the programs, activities and events of the Organization. The risks, dangers and hazards include, but are not limited to, injuries from:
- Executing strenuous and demanding physical techniques in jit jitsu.
- Dryland training including weights, running and massage;
- Vigorous physical exertion, rapid movements, quick turns and stops, and strenuous cardiovascular workouts.
- Exerting and/or stretching various muscle groups;
- Collisions, falling, tumbling or hitting any apparatus, the floor, mats or other surfaces;
- Physical contact with other participants;
- Striking participants and/or objects;
- Contact, colliding or being struck by other participants;
- Being thrown to the floor;
- Falls due to uneven or irregular surfaces;
- Failure to participate within one's abilities;
- Failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;
- Spinal cord injuries which may render me permanently paralyzed; and/or
- Travel to and from competitive events and associated non-competitive events which are an integral part of the Organization's activities.
Assumption of Risk:
I voluntarily and knowingly assume all risks associated with participating in Brazilian Jiu-Jitsu (BJJ) and fitness classes, including injuries sustained from falls, collisions, or contact with other participants, and any injuries arising from the use or misuse of the equipment or facilities. I acknowledge that BJJ involves intense physical exertion and that I am voluntarily participating with full knowledge of the risks involved and all presumed risks.
Release of Liability:
In consideration of being allowed to participate in Brazilian Jiu-Jitsu (BJJ) classes and fitness activities, I, for myself, my heirs, executors, administrators, and assigns, hereby release, waive, and discharge WABI SABI JIU JITSU; their owners, instructors, employees, agents, and representatives (collectively, the "Released Parties") from any and all claims, demands, liabilities, and causes of action of any kind or nature whatsoever, arising out of or related to any loss, damage, injury, or death that may be sustained by me, or to any property belonging to me, while participating in BJJ, events and fitness activities or while on the premises, even if arising from the negligence of the Released Parties, to the fullest extent permitted by law.
Indemnification:
I agree to indemnify and hold harmless the Released Parties from any and all claims, demands, liabilities, and causes of action of any kind or nature whatsoever, arising out of or related to my participation in Brazilian Jiu-Jitsu (BJJ) and fitness activities or my use of the premises or equipment, including any claims arising from my own negligence or misconduct, to the fullest extent permitted by law.
Governing Law and Jurisdiction:
This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. Any disputes arising under or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.
Severability:
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision shall be severed from this agreement, and the remainder of this agreement shall continue to be enforceable and valid.
Binding Effect:
This agreement shall be binding upon me, my heirs, executors, administrators, and assigns, and shall inure to the benefit of the Released Parties and their respective successors and assigns.
Entire Agreement:
This agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements, understandings, and representations, whether written or oral, relating to such subject matter. No modifications or amendments to this agreement shall be effective unless made in writing and signed by both parties.
Photography and Video Release:
I understand that the gyms may take photographs or video recordings of classes and events for promotional or marketing purposes. I grant the gyms permission to use my likeness in any photographs or video recordings taken at the gym or during gym events, without compensation or further consent.
Consent to Medical Treatment:
I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during my participation in Brazilian Jiu-Jitsu (BJJ) classes, events, and fitness activities held by WABI SABI JIU JITSU. I agree to be responsible for any and all costs associated with such treatment.
Minors:
If the participant is under the age of 18, this agreement must be signed by a parent or legal guardian. The undersigned parent or legal guardian acknowledges that they have read and understand this agreement, and agree to be bound by its terms on behalf of the minor participant.
Waiver of Claims:
I expressly waive any claims that I may have now or in the future, and agree not to sue the Released Parties for any injuries, death, property damage/loss, or any other claim or damages that I may sustain as a result of my participation in Brazilian Jiu-Jitsu (BJJ), fitness activities, and event programs at WABI SABI JIU JITSU, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.
Acknowledgement of Safety Procedures:
I agree to adhere to all safety rules and procedures established by the gyms. I understand that failure to follow these rules may result in suspension or termination of my participation in Brazilian Jiu-Jitsu (BJJ), fitness activities without refund. I acknowledge that it is my responsibility to familiarize myself with these rules and to seek clarification from instructors or staff when necessary.
Acceptance of Rules and Regulations:
I acknowledge that I have received, read, and understand the rules and regulations of the gyms, and I agree to comply with them. I understand that the gyms reserve the right to amend these rules and regulations at any time, and I agree to be bound by any such amendments.
Confidentiality and Privacy:
I understand and agree that any personal information collected by the gyms will be used solely for the purposes of managing gym activities and ensuring participant safety. The gyms will not disclose my personal information to third parties without my consent, except as required by law.
Voluntary Participation:
I acknowledge that my participation in Brazilian Jiu-Jitsu (BJJ) and fitness activities at the gyms is entirely voluntary. I certify that I have not been coerced or otherwise influenced to participate against my will.
Interpretation:
In the event of any dispute regarding the interpretation of this agreement, the interpretation that provides the broadest and most complete release of liability for the Released Parties shall prevail.
Photo/Video/Media Release:
I authorize the gyms to use photos of me and my likeness for the gyms' websites and social media accounts (including Instagram and Facebook), for publicity related to WABI SABI JIU JITSU. I agree to allow my image or my child's image to be used for this purpose without compensation. I also understand that once a promotional item has been produced, it is not possible to remove my image or my child's image from the production.
Electronic Communication Consent:
I understand that all communication from the gyms is provided through email. The email address provided in the registration form is valid and frequently checked. The gyms will send electronic messages such as emails, attachments, and newsletters regarding their activities, including tournament announcements, class rescheduling or cancellations, invoicing, and receipts for club payments. By signing this agreement, I consent to receiving such communications. I can unsubscribe at any time, but may miss important class cancellations or schedule changes.
Privacy Policy:
The gyms collect and use personal information to deliver requested services. Information provided through the website/registration area will be used to process membership or contact participants. The gyms do not sell, rent, or lease customer lists to third parties. Personal information stored digitally is done securely. The gyms may use data for financial accounting, class attendance, email or postal mail, customer support, or arranging deliveries. Third parties are prohibited from using personal information except to provide these services and must maintain confidentiality. The gyms will disclose personal information without notice only if required by law or in good faith belief that such action is necessary.
Disclaimer: WABI SABI JIU JITSU and its directors, officers, committee members, members, employees, volunteers, participants, agents and representatives (collectively the "Organization") are not responsible for any injury, personal injury, damage, property damage, expense, loss of income or loss of any kind suffered by a Participant during, or as a result of, the sport of Brazilian Jiu-Jitsu (BJJ) and any program, activity or event of the Organization, caused in any manner whatsoever including, but not limited to, the negligence of the Organization.