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Phoenix BJJ
160 Apex Drive , Marlborough, MA, 01752
RELEASE & WAIVER
General Liability
In consideration of being permitted to participate in any way in the Martial Arts Program, as defined below, by this organization/academy, Phoenix BJJ Academy, current location;
160 Apex Drive Unit C (the “Premises”),
I, or, if a minor, the parent(s) and/or legal guardian of the minor participant named below (hereinafter, collectively, “I,” “me”
or “my”), enter into this Release, Liability Waiver and Indemnity Agreement (“Agreement”) and hereby agree:
1. I am voluntarily seeking and consenting to participate in this academy’s Martial Arts Program, which is defined to include, but not be limited to, martial arts instruction and related training, including those in the arts of Brazilian jiu-jitsu, judo, ground fighting, grappling and other martial arts that commonly involve body contact with the ground as well as techniques such as chokes and joint locks; Muay Thai and other martial arts that commonly involve striking; mixed martial arts (MMA); self-defense training; and other martial arts that may be offered in the future and from time to time; physical, strength and/or cardio conditioning; yoga and other flexibility or meditative exercises; and other similar or related physical activities. I understand that the various activities of the Martial Arts Program may take place in, outside of, around and off the Premises, and I have the choice not to participate in any or all activities, programs, seminars, workshops, camps, events, or competitions (inhouse and out) offered by this academy (Phoenix BJJ).
2. I represent and warrant that I am either of proper physical condition to participate in the Martial Arts Program, understanding the demands and nature of the activities provided above, or accept full responsibility for my participation therein in my current physical state. I agree to disclose all medical conditions, ailments and other issues to this academy prior to my participation in the Martial Arts Program and understand that my failure to do so further waives this academy’s liability from any and all injuries or other outcomes related to my continued participation in the Martial Arts Program.
3. I fully understand and acknowledge that THE ACTIVITIES OF THE MARTIAL ARTS PROGRAM ARE INHERENTLY DANGEROUS, such that: A.There are risks and dangers associated with my participation in the Martial Arts Program that could result in bodily injury, partial and/or total disability, paralysis or death. B. The social and economic losses and/or injuries that could result from these risks and dangers described above could be severe. C. These risks and dangers may be caused by the action or inaction of myself or others, including, but not limited to, this academy and/or other participants in the Martial Arts Program; the rules and regulations of the Martial Arts Program; or the nature of the facilities or equipment used. D.There may be other risks and dangers not known to us or are not reasonably foreseeable at this time.
4. I understand, accept and assume the above risks and dangers, both known and unknown, and I assume full responsibility for the injuries, maladies, losses and/or damages resulting therefrom, however caused and whether caused in whole or in part by this academy.
5. I understand and accept that I use any and all equipment and facilities “as-is” and at my own risk and peril, and I hold this academy harmless from any and all consequences resulting therefrom, including, but not limited to, injury, malady, loss and death, regardless of the cause. I further understand that said use is voluntary and by my own choice, and I may refuse said use and/or request the use or application of alternative equipment and facilities, although this academy is not obligated either to provide alternate accommodations or to compensate me for its refusal to do so.
6. From time to time, this academy may host, organize or sponsor social and other extracurricular activities and events in, outside of, around and off of the Premises that may or may not be directly related to the Martial Arts Program. I understand that my involvement and/or participation in them is completely voluntary and agree that the terms of this Agreement shall extend to, and include, such events and activities.
7. In the event that this academy provides transportation to the Premises or any other location where this academy is conducting any activity, event or gathering, I understand that my consent to be transported is completely voluntary and hereby agree that this academy shall not bear any liability for any injury, loss, destruction, death or any other similar or related consequence either to my person or my property during or as a result of such transportation, whether or not foreseeable and regardless of the cause. I further understand that this academy is not obligated to provide any transportation whatsoever on any occasion, and I assume full responsibility for any injury, loss, destruction, death or other similar or related consequence either to my person or my property during or as a result of my choice of transportation.
8. I understand that the academy reserves the right to take photos and video of all persons attending the facility for any visits, classes, seminars, privates, and/or events and may use the content/media for any marketing and advertising purposes. By signing below I agree to this "media release."
9. I understand that my information may be added to the academies mailing list for updates, offers, and program information. Please note that WE RESPECT YOUR PRIVACY AND WILL NEVER SPAM OR SHARE YOUR

INFORMATION.
I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE this academy, its affiliates, owners, managers, promoters, lessees, directors, officers, agents or employees, from all liability for any and all claims, demands, losses or damages arising out of or relating to the Martial Arts Program or any events or activities hosted, organized or sponsored by this academy; any action or non-action undertaken by this academy; all acts of negligence on the part of this academy; or any rescue/emergency actions or medical treatment undertaken by this academy, if any. This Agreement shall extend to my personal representatives, assigns, executors, heirs and next of kin.
I further expressly agree that this Agreement is intended to be as broad and inclusive as permitted by law. Any portion that is uncertain or challenged as to its validity or enforce-ability shall be interpreted so that it most closely reflects the intent of the parties in entering into this Agreement, to the greatest extent permitted by law. Otherwise, if any portion herein is held invalid or otherwise legally unenforceable by a court of competent jurisdiction, both this academy and I agree that the remainder of this Agreement shall remain in full force and effect.
Should any legal dispute arise out of this Agreement, or regarding any subject matter contained herein, I agree to pay for all attorney’s fees and costs reasonably incurred by this academy in defense of any such dispute.
I agree to hold this academy harmless and reimburse this academy for any and all costs incurred on my behalf.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY COERCION, INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY FROM THIS ACADEMY TO THE FULLEST EXTENT PERMITTED BY LAW.
Communicable Disease
This waiver is directly related to COVID-19 and communicable diseases. Please read and acknowledge with an electronic signature.
1. I, with full knowledge of the current status and evolving nature of the global coronavirus pandemic (COVID-19), knowingly and voluntarily acknowledge that my attendance and participation in class at Phoenix BJJ is completely voluntary.
2. I am fully and completely aware that my voluntary participation in class may subject me to communicable diseases including but not limited to COVID-19, other coronaviruses, seasonal flus, colds, and bacterial or viral disease of the skin.
3. I am aware of the actual dangers involved and appreciate the nature and extent of the specific risks including but not limited to personal injuries, fatigue, illness, respiratory failure, hospitalization and associated required treatments such as medications and ventilation, and possible death.
4. I voluntarily and knowingly assume these risks and agree to subject myself to these risks by participating in class with full knowledge of the potential consequences.
5. I also agree to not attend any class if I have any suspicion that I have been exposed to COVID-19, am sick, or have any communicable disease of any kind.
6. I specifically waive my legal rights and agree not to family any lawsuit against Phoenix BJJ, its affiliates, owners, instructors, professors, employees, or students in any way related to the above-referenced diseases/illnesses.
ACKNOWLEDGEMENT AND AGREEMENT
By signing below you acknowledge that you have reviewed and agreed to the terms mentioned above. In addition: We recommend you keeping a copy for your records.
This waiver is signed through electronic signature.
You may request a copy of this waiver by emailing: dan@phoenix-jj.com