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Renzo Gracie East Side (“RGES”) Martial Arts

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

THIS AGREEMENT MUST BE SIGNED BY ALL MEMBERS OR GUESTS WHO WISH TO PARTICIPATE (AS DEFINED BELOW) IN ANY RGES MARTIAL ARTS EVENT OR UTILIZE ANY RGES MARTIAL ARTS PREMISES.

In consideration of being allowed to participate in any class, seminar, conference, meeting, training, competition, program or similar event (whether sanctioned by 1270 Lexington, LLC (operating as “Renzo Gracie East Side” (“RGES”)) or otherwise), utilizing the premises of RGES in any manner or performing any other activities with respect to RGES (collectively, “Participation”),

I, the undersigned, either as Participant or as parent and/or legal guardian of and on behalf of Participant, does hereby:

1. Recognize and understand that martial arts training is a physical contact activity and that my Participation might result in serious injury, including, but not limited to, accidents, injury, paralysis temporary or permanent disability, illness, death, and severe social and economic loss (collectively, “Injuries”).
2. Recognize and understand that such risk and/or Injuries 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 therein.
3. Recognize that there may be other risks and/or Injuries that are not known to me or to others or not reasonably foreseeable at this time.
4. Agree to inspect the facilities, equipment and partner pairings prior to my Participation. I will immediately inform an instructor if I believe that anything is unsafe or beyond my capability and refuse Participation.
5. Assume all of the foregoing risks and/or Injuries and accept personal responsibility for any damages that may result from such risk and/or Injuries.
6. Engage in Participation entirely of my own free will and understand the importance of following the rules of training and competition. I agree to abide by the instructions given by my instructors or gym staff that are designed for my safety and the safety of others.
7. Certify that I am in capable physical condition, and have no disease, injury or other condition that would impair my Participation or physical and mental well-being during intense training practice and/or competition.
8. Grant permission in case of Injuries to have a doctor, nurse, athletic trainer or other emergency medical personnel provide me with medical assistance or treatment for such Injury.
9. Recognize and understand that by my Participation and agreement to the terms herein, I consent to RGES using any images, videos, audio and other media captured during my Participation (collectively, “Program Media”). RGES may reproduce, display, use, modify and/or create derivative works of the Program Media for any purpose, including but not limited to, use of the Program Media in newsletters, brochures, promotional materials, commercial ventures (existing or to exist in the future), website illustrations, social media, marketing efforts and advertising, in whatever form, without payment or other consideration and without further notice to me.  I hereby waive all rights (including but not limited to any moral rights) relating to the Program Media.
10. Release, waive, discharge and covenant not to sue, RGES, its affiliated organizations and governing bodies, their respective officers, instructors and personnel, other members of the organizations, participants, supervisors, coaches, sponsoring organizations or any of their respective 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 and suffered on account of Injury, including death or damage to property, caused or alleged to be caused in whole or in part by the actions, inactions or negligence of the releasees above or otherwise.

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

Risk and Academy Codes Agreement

ADVISORY OF RIGHTS AND RESPONSIBILITIES

Safety is not the sole responsibility of instructors and staff. Everyone in the facility 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 training, exercise, drill, roll or similar activity (collectively, “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 Exercise in a manner that is safe. If an instructor gives an instruction that the student believes to be unsafe for such student, it is the student’s responsibility to inform the instructor that the student would like to be excused from such Exercise. The instructor may ask for an explanation, and the student is expected to provide one.

All students have the responsibility to conduct any Exercise, and themselves in general, in a manner that helps all students, visitors, guests, staff and instructors remain safe. Students must give those who are conducting Exercises enough room to avoid interfering and avoid being accidentally struck by someone else Exercising.

In the event of an injury, students have the right and responsibility to evaluate the extent of harm, stopping what they are doing and determining whether it is safe to continue. Unless a student is certain that further practice will not create or worsen a problem, all students involved in a possible injury or unsafe incident are encouraged to stop what they are doing and inform the instructor immediately. In the event of a serious injury or the appearance of a serious injury, all students, instructors, staff, visitors, or guests have the right to call a stop to a particular Exercise. 

If a student notes any Exercise or other situation they deem to be unsafe, which may include a student performing a skill incorrectly, a student not showing due regard for the safety of others, a defective piece of training equipment, a potentially dangerous obstacle or condition in the facility, or anything else that may cause or lead to harm of the students, instructors, staff, visitors or guests, then the student is expected to correct the situation if it is within his or her ability to do so or notify an instructor or staff member immediately. If something is simple to correct, such as removing an obstacle from the floor, the student should correct the situation. If the situation may require the authority or expertise of the instructor or staff, or if it is not a simple matter, then the instructor or staff member should be notified immediately.

ASSUMPTION OF RESPONSIBILITIES AND RISK

Martial Arts training is a potentially dangerous activity. Bumps, bruises, scrapes, scratches and soreness are commonplace, and most students may encounter this sort of minor injury from time to time in their training. More serious injuries are possible, including sprains, strains, twists, cramps, and injuries of similar magnitude, and the student may encounter these injuries frequently. The possibility of other serious injuries exists, including broken bones or torn ligaments, though not all students encounter such serious injuries. There remains, despite safety precautions, the remote possibility of severe injuries or events such as a disabling injury, paralysis, 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 child), understanding and accepting the risks involved with martial arts training. Even if the instructor has informed me that no serious or severe injuries have ever happened in this school or with any of the instructors, I understand that this does not mean that there is not possibility of harm. 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.

NOTICE AND CONSENT TO INSTRUCTORS

This school seeks to make use of highly trained professional instructors, with both expertise and experience in the arts that we teach and in teaching. Classes may be taught by the head instructor or any other qualified persons. Should an instructor be unavailable for a given class, a junior instructor, senior student or guest instructor may teach. The choice of who teaches the class or leads any other Exercise is left to the discretion of the school.

I understand that I may not always have the instructor I desire, but I shall seek to learn from whoever is teaching, to show the respect due to the position of teacher to whomever is teaching, and to conduct myself in accordance with the etiquette established at this school. I understand that I have the responsibility for my own safety without regard to who may be teaching the class. I specifically understand and agree that the full force of this document applies no matter who is teaching.

NOTICE OF PHYSICAL CONTACT

Complete martial arts training involves a wide variety of skills. While practicing these skills, students may have contact with any portion of the body. The chest, buttocks, groin or any part of the body may be contacted, intentionally or incidentally, by any part of the training partner’s body during training with martial arts techniques. The purpose and intent of the school, instructors, and staff are to provide an environment for all students to learn and practice martial arts and self-defense, including when male and female students train together, or when adult and minor students train together, and in any other training combination. Students are expected to conduct themselves appropriately at all times to ensure the best training environment and training experience for everyone.

Should any student feel that a training partner is engaging in contact beyond the scope appropriate of a given Exercise, or a training partner is taking undue and unacceptable advantage of training contact, or if a student is made uncomfortable by any Exercise or partner, then that student has the right to withdraw from the Exercise. If the contact of a training partner appears inappropriate, the student should inform the instructor privately. If the conduct of the training partner or any training partner appears criminal, then the instructor should be informed and the authorities may be notified either by the student or the instructor, or both.

CONSENT TO PHYSICAL CONTACT

I understand the nature of physical contact in martial arts training, and I understand that I have the right to immediately withdraw from any Exercise in which the contact of any party seems beyond the scope of such Exercise and makes me uncomfortable. I agree to abide by the school etiquette in all manners pertaining to all Exercises, and I shall not in any way conduct myself inappropriately or take inappropriate advantage of the contact martial arts training requires.

CONSENT TO USE OF IMAGE

I recognize and understand that during my presence in the gym or my Participation in any Exercise, recording, photography or other forms of digital devices may be used, whether via security cameras or otherwise, and I consent to RGES using any images, videos, audio and other media captured during my Participation (collectively, “Program Media”).  RGES may reproduce, display, use, modify and/or create derivative works of the Program Media for any purpose, including but not limited to, use of the Program Media in newsletters, brochures, promotional materials, commercial ventures (existing or to exist in the future), website illustrations, social media, marketing efforts and advertising, in whatever form, without payment or other consideration and without further notice to me.  I hereby waive all rights (including but not limited to any moral rights) relating to the Program Media.

INDEMNIFICATION BY PARENTS

Applicable only to parents enrolling a minor child.

I agree not to bring any claim or suit against the school, 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 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. Finally, 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. Further, I agree and acknowledge that all terms set forth in this Risk and Academy Codes Agreement and in the Warning, Waiver, Release of Liability, Assumption of Risk and Agreement to Participate are appliable to and on behalf of my child or ward, in the event I am entering into these agreements on their behalf.

ARBITRATION CLAUSE

Should any dispute arise between me, my child, or anyone acting on behalf of my child, regarding this school, 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 in this Risk and Academy Codes Agreement or in the Warning, Waiver, Release of Liability, Assumption of Risk and Agreement to Participate, that is found unenforceable or invalid by any court of law, the remainder of the document shall remain valid enforceable and the invalid clause, sentence, phrase or statement shall be struck from the document.

DURABILITY

This document is effective from the date signed with no expiration. Furthermore, the terms of this document are retroactive to the beginning of training and visiting this school if this document was signed after that date. Additionally, this document and the statements made herein, may be adjusted from time to time. I agree to the terms herein and to subsequent revisions of this document until I voluntarily and explicitly withdraw my consent via written notice to RGES.

AUTHORITY TO TREAT

I, give the instructors, staff and responsible persons the power to authorize medical or other treatment of the student named. 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. 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 clear and convincing evidence that they acted with malice or willful gross negligence, and if so, they may still be liable.

I understand that the instructors, students, or others may have some skills in first aid, 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.

Name of member: {name}

Name of signatory:

Date of signature: {sign_date}