To the fullest extent permitted by law, I, for myself and/or on behalf of the minor named in the confirmation page as the parent or legal guardian of such minor (“Participant”), hereby acknowledge and agree to the following in consideration of the service (“Services”) provided to Participant from GBJJ, Inc. dba Granite Bay Jiu-Jitsu (“GBJJ”):
PARTICIPANT’S HEALTH WARRANTY: Participant represents that he/she is in good health and has no disability, impairment, injury, disease or ailment preventing her/him from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of naive or abusive exercise.
ASSUMPTION OF RISK: Participant understands that martial arts, yoga and/or other fitness activities offered by GBJJ (the “Fitness Activities”) are hazardous activities that involve inherent risks of serious physical injury. With full knowledge of risks involved in the Fitness Activities, Participant expressly assumes all the risks of harm to Participant arising from the practice of Fitness Activities at GBJJ.
WAIVER OF LIABILITY AND INDEMNIFICATION: Participant hereby expressly and for all times, on behalf of Participant, Participant’s guests, heirs, successors and assigns, executors and personal representatives releases and agrees to hold harmless GBJJ from any claim, demand or cause of action at law or equity from any loss, theft, cost, claim, injury, illness, damage or liability (including potential exposure to COVID-19) that arises from or is related to Participant’s use of the Services, from Participant’s use of the equipment of GBJJ or from participation in any activity associated directly or indirectly with GBJJ, or from Participant’s use of any of the techniques from the Fitness Activities. Participant assumes full responsibility for his or her use of the GBJJ facility and releases any and all claims, demands, or causes of action at law or equity, including those caused in whole or in part by the negligence of GBJJ. Participant hereby agrees to indemnify and hold harmless GBJJ from any claim, demand or cause of action at law or equity, including, but not limited to, any claim of personal injury, that may be asserted against GBJJ by any third party arising from or related to Participant’s participation in the Fitness Activities, from Participant’s use of the equipment of GBJJ, from Participant’s participation in any activity directly or indirectly associated with GBJJ, or from Participant’s use of any techniques from the Fitness Activities.
MISCELLANEOUS: Except for the rules, regulations and schedules posted at the facility or issued orally by GBJJ from time to time at its discretion, this assumption of risk, waiver and release (this “Waiver”) constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This Waiver only may be modified in writing executed by a duly authorized representative of GBJJ. Employees are not authorized to make any independent agreements with Participant. If any term or provision of this Waiver is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Waiver or invalidate or render unenforceable, such term or provision in any other jurisdiction. This Waiver is binding on and shall inure to the benefit of GBJJ and Participant and their respective heirs, successors, and assigns.
ACKNOWLEDGMENT: Participant has read this Waiver, fully understands its terms, and understands that he/she is giving up substantial rights including Participant’s right to sue under certain circumstances. Participant acknowledges that he/she is signing this Waiver freely and voluntarily. The term of this Waiver is indefinite.