I (and if applicable my children, spouse, family members, and guests who may accompany me) (each, a “Visitor”), wish to be granted access to Corsicana Jiu Jitsu (CJJ) facilities (“Facilities”) or equipment (“Equipment”), or to receive lessons, instruction, coaching, or training regarding Jiu Jitsu, kickboxing, martial arts, fitness, exercising, injury prevention, or activities incidental or similar thereto (collectively, the “Activities”). I understand that I will not be permitted to enter the Facilities, use the Equipment, or participate in the Activities without executing this Assumption of Risk, Waiver, and Release Agreement (“Agreement”). Accordingly, as consideration for being granted such use and access, and receiving lessons, training, or coaching, I agree as follows.
PREREQUISITE HEALTH AND ABILITY. I understand that it is my personal responsibility to consult with my doctor to ensure that I am healthy and physically fit enough to participate in Activities. I have no medical or physical condition that would prevent me from participating in the Activities. I represent and warrant that I have the requisite physical ability and health necessary to participate in the Activities.
COVID-19 NOTICE, ACKNOWLEDGEMENT, RELEASE, AND VOLUNTARY ASSUMPTION OF RISK. The novel coronavirus responsible for COVID-19 has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. CJJ has put in place preventative measures to reduce the spread of COVID-19; however, CJJ cannot guarantee that you will not become infected with COVID-19. IN FACT, BY DEFINITION JIU JITSU IS A CONTACT SPORT THAT MAKES SOCIAL DISTANCING IMPOSSIBLE. ENTERING THE FACILITY AND PARTICIPATING IN THE ACTIVITIES COULD INCREASE YOUR RISK OF CONTRACTING COVID-19.
IF YOU ARE NOT WILLING TO TAKE THE RISK THAT YOU MAY CONTRACT COVID-19, YOU SHOULD NOT ENTER THE FACILITIES OR PARTICIPATE IN THE ACTIVITIES. By signing this Agreement, you acknowledge the extremely contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 and that such exposure or infection may result in personal injury, illness, permanent disability, or death. By signing this Agreement, you represent and warrant that you understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of you and others, including, but not limited to, CJJ employees, volunteers, and other members and participants in the Activities. By signing this Agreement, you voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with entering the Facility or participating in the Activities (collectively, the “COVID-19 Claims”). I HEREBY KNOWINGLY AND VOLUNTARILY ASSUME THE RISKS OF CONTRACTING THE VIRUS RESPONSIBLE FOR COVID-19 WHICH MAY LEAD TO ILLNESSES, DISABILITIES, PARALYSIS, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, EVEN IF ARISING FROM THE NEGLIGENCE OF INDIVIDUALS EMPLOYED BY OR ACTING AS AGENTS OF HLBJJ, OR OTHER MEMBERS OF HLBJJ OR PERSONS EXECUTING A SIMILAR WAIVER AND RELEASE FROM LIABILITY.
OTHER RISK FACTORS, ACKNOWLEDGEMENT, RELEASE, AND VOLUNTARY ASSUMPTION OF RISK. I UNDERSTAND THE ACTIVITIES ARE INHERENTLY DANGEROUS, AND THAT SERIOUS ACCIDENTS, INJURIES, DISABILITIES, PARALYSIS, ILLNESSES (INCLUDING COVID-19, RHABDOMYOLYSIS, ETC.), AND EVEN DEATH CAN OCCUR AS A RESULT OF USING THE FACILITIES OR EQUIPMENT, OR PARTICIPATING IN ACTIVITIES. I further understand and acknowledge that simply being present at the Facilities, or attending, participating in, volunteering at, or spectating at any event will expose me to activities, conditions, individuals, equipment or events that have the potential to cause accidents, injuries, disabilities, paralysis, illnesses, death, or property damage. Despite the fact that I understand and acknowledge these inherent risks and dangers, on behalf of myself, my family members, executors, administrators, heirs, successors, or assigns I HEREBY KNOWINGLY AND VOLUNTARILY ASSUME THE RISKS OF ACCIDENTS, INJURIES, ILLNESSES, DISABILITIES, PARALYSIS, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY INHERENT IN, OR IN ANY WAY CONNECTED WITH, BEING PRESENT AT THE FACILITIES, USING THE EQUIPMENT, PARTICIPATING IN THE ACTIVITIES, RECEIVING COACHING, TRAINING, OR LESSONS, OR ATTENDING, PARTICIPATING IN, OR SPECTATING AT ANY EVENT OR ACTIVITY, EVEN IF ARISING FROM THE NEGLIGENCE OF INDIVIDUALS EMPLOYED BY OR ACTING AS AGENTS OF HLBJJ, OR OTHER PERSONS EXECUTING A SIMILAR WAIVER AND RELEASE FROM LIABILITY.
CONDITION OF FACILITIES AND EQUIPMENT. I understand that while CJJ does its best to keep and maintain the Facilities and the Equipment in good condition, it is impossible to prevent periodic failures of Equipment or to remove all hazards or dangerous conditions that may exist at the Facility or with respect to Equipment. I HEREBY KNOWINGLY AND VOLUNTARILY ACCEPT THE FACILITY AND THE EQUIPMENT AS-IS, WHERE-IS, WITH NO WARRANTY OF ANY KIND. CJJ HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND RELATED TO THE FACILITY OR EQUIPMENT, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY THAT THE FACILITY OR THE EQUIPMENT ARE SUFFICIENT FOR THEIR INTENDED PURPOSE. I AGREE TO INSPECT ALL EQUIPMENT PRIOR TO USING IT TO ENSURE THAT IT IS IN WORKING ORDER. I ALSO UNDERSTAND THAT CJJ DOES NOT PROVIDE SECURITY FOR ITS PARKING AREA, AND I VOLUNTARILY ASSUME ALL RISKS RELATED TO USING CJJ’S PARKING AREA, AND FOR MY OWN PERSONAL SAFETY.
WAIVER, RELEASE, AND INDEMNITY. I hereby knowingly and voluntarily release, discharge, and agree not to sue CJJ, or either of their owners, members, officers, employees, independent contractors, or agents (each, an “CJJ Releasee”) with respect to any claims, demands, causes of action, obligations, or losses of whatever kind or nature in law, equity or otherwise, whether now known or unknown, and whether or not concealed or hidden, related in any way to the Facilities, the Equipment, the Activities, including without limitations claims related to contraction of the virus responsible for COVID-19 at the Facility or while participating in the Activities, use of CJJ’s parking area, or any lessons, training, coaching, or instruction, or participation in or attendance at any event or activity (each, a “Claim”). It is my intention that this release shall bar each and every claim, demand or cause of action, including without limitation those related to accident, injury, disability, paralysis, illnesses, death, or theft or damage to property, AND EVEN IF SUCH CLAIM, DEMAND, OR CAUSE OF ACTION RESULTS FROM THE JOINT, COMPARATIVE, CONCURRENT, OR SOLE NEGLIGENCE OF ANY CJJ RELEASE. I further hereby agree to hold each CJJ Releasee harmless from and against, any and all losses, liabilities, damages, claims, obligations, costs, or expenses (including without limitation attorneys’ fees) incurred or suffered by any CJJ Releasee with respect to any released Claim.
RIGHT TO USE LIKENESS. I hereby grant CJJ a perpetual and irrevocable right to use my name and photographs and video in which my image and likeness appear in connection with my participation in the Activities and to display, publish, distribute, use, print and reprint such images and video in advertising and promotions of CJJ.
MISCELLANEOUS. I agree that this Agreement shall be governed in all respects by the laws of the State of Texas, without regard to any conflict of law rules. I further agree to bring any suit or claims related to the subject matter of this Agreement exclusively in the state District Courts located in Dallas County, Texas. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement or the application of any such provision to any Person or circumstance shall be held to be prohibited by, illegal or unenforceable under applicable law or rule in any respect by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition, illegality or unenforceability, without invalidating the remainder of such provision or the remaining provisions of this Agreement.
READ AND UNDERSTOOD. BY SIGNING BELOW, I HEREBY ACKNOWLEDGE AND AFFIRM THAT I HAVE READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS, AND AGREE TO BE BOUND BY ALL OF ITS TERMS. I AGREE THAT THE RELEASES HEREIN ARE CONSPICUOUS AND THAT MY ATTENTION HAS BEEN DRAWN TO THEM, AND I UNDERSTAND THAT THEY CLEARLY AND UNAMBIGUOUSLY RELEASE THE CJJ RELEASEES FROM THEIR OWN NEGLIGENCE. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, and without any promise or guarantee being communicated to me. I certify and warrant to CJJ that I am 18 years of age or older and mentally competent to enter into this Agreement.
ADDITIONAL PROVISION FOR PARENT/GUARDIAN OF MINOR. If I am signing this on behalf of a minor, I hereby certify that I am the parent having legal custody or the legal guardian of the minor and that I have the legal authority to sign this Agreement on behalf of myself and such minor, and that I do hereby agree to all of the terms and provisions of this Agreement on behalf of the myself, such minor, and on behalf of my and such minor’s family members, parents/legal guardians, executors, legal representatives, administrators, heirs, successors, or assigns. I hereby grant express permission for such minor to use the Facility and participate in the Activities.