RELEASE OF LIABILITY AND
ASSUMPTION OF RISK
The undersigned individual desires to participate in in Brazilian Jiu-Jitsu training and related activities (the “Activities”) provided by Waza Project LLC, a California limited liability company (the “Company”). As lawful consideration for me being permitted by the Company to participate in the Activities, and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this Release of Liability and Assumption of Risk (this “Agreement”).
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES MAY INCLUDE POTENTIALLY DANGEROUS ACTIVITY AND COULD INVOLVE THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE POTENTIAL HAZARDS INVOLVED AND, NOTWITHSTANDING SUCH POTENTIAL RISKS AND HAZARDS, HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE WITH RESPECT TO MY PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY, THE OWNER, BY OTHER PARTICIPANTS, OR OTHERWISE.
I hereby expressly waive and release any and all claims I may have, or which I may hereafter have, whether known or unknown, against the Company, its officers, employees, agents, affiliates, members, successors, and assigns (collectively, the “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activities, whether arising out of ordinary negligence of the Company or any Releasees, or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liability that California law does not permit to be released by agreement.
I understand that by signing this release, I am waiving any and all claims of any kind arising out of or attributable to my participation in the Activities, including those claims that might be unknown to me, or which I do not suspect to exist at the time of my execution of this Agreement. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MIGHT HAVE UNDER CALIFORNIA CIVIL CODE §1542, WHICH READS AS FOLLOWS:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
I further understand that this Agreement is intended to be interpreted broadly to bar all claims, whether known or unknown, and shall apply in all jurisdictions where Activities take place, to the full extent permitted by applicable law.
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney’s fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Company or any other Releasees arising out of or resulting from any claim of a third party related to my participation in the Activities, including any claim related to my own negligence or the ordinary negligence of the Company or the Releasees.
This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral with respect to such subject matter. If any term or provision of this Agreement is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective heirs, successors, and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought, if at all, only in the state and federal courts located in Los Angeles County, California, and I hereby consent to the exclusive jurisdiction of such courts.
Arbitration of Claims
Any dispute, controversy, or claim arising out of or relating to this Agreement, including questions regarding its existence, validity, or termination, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules in effect at the time of the dispute. The arbitration shall take place in Los Angeles County, California, and shall be conducted by a single arbitrator appointed by mutual agreement by all affected parties or, failing such agreement, by the Arbitration Administrator in accordance with its rules. The arbitrator’s decision shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction. Each party shall bear its own costs and expenses, including attorney’s fees, and an equal share of the arbitrator’s and administrative fees, unless the arbitrator decides otherwise. The arbitration shall be confidential, and no party shall disclose its existence, content, or results, except as required by law or for enforcement of the award. By agreeing to arbitration, the parties waive their right to a jury trial.
In the event that one party fails to pay their share of the arbitrator's and administrative fees within 30 days of receiving notice of such fees, the other party may (i) elect to pay the defaulting party's share to proceed with the arbitration, (ii) petition the court to convert the arbitration award into a court judgment for the fees advanced, along with any other relief deemed appropriate, at the non-defaulting party’s election, or (iii) withdraw from the arbitration process and pursue their claims in a court of competent jurisdiction. A party advancing arbitration fees may seek reimbursement as part of the arbitration award or through a separate legal proceeding, with reasonable interest.
Severability; Modification
If any term or provision of this Release is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other terms or provisions of this Release, which shall remain in full force and effect. This Release may be modified by the parties only with both parties agreement in writing.
Please read, complete, and initial each of the following sections to signal your approval and comprehension of their contents:
Health and Safety. I understand and acknowledge that I have an affirmative duty to disclose to Company all known allergies (including food, environmental, or medicinal), sensitivities, medical conditions, and other relevant information applicable me. I further understand and agree that Company shall not be responsible for injury, disability, or death resulting from my failure to disclose any such conditions. The following is an exhaustive list of all known medical conditions, sensitivities, or allergies:
INITIALS:
Third Party Medical Treatment. I hereby consent for me to receive from any licensed hospital, physician, or medical personnel any emergency or first aid medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release the Company and its Releasees from any type of liability for anything that may happen during or incident to such treatment or other necessary medical services.
INITIALS:
Media and Publicity. I hereby grant Company permission to use the likeness of me, including photographs and video taking during the time of the Activities, in Company’s marketing and advertising efforts, including, but not limited to, Company’s social media accounts, website(s), and printed materials, without compensation (except the right to participate in the Activities) or attribution to me. I further understand and agree that Company shall hold all rights to such media, and that no license is being granted to me under this Agreement.
INITIALS:
[signature page follows]
BY SIGNING, I ACKNOWLEDGE THAT I HAVE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT, THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE, AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE CORPORATION AND ITS OWNERS, OFFICERS, DIRECTORS, AND OTHER REPRESENTATIVES FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF MY PARTICIPATION IN THE ACTIVITIES.
Participant’s Signature (or Parent/Legal Guardian if Participant is a minor):
Printed Name:
{name}
Date: {sign_date}
If signed by Parent/Legal Guardian, this waiver is applicable to the following child(ren):
Waza Project