OM BRAZILIAN JIU-JITSU
ASSUMPTION OF RISK, WAIVER, RELEASE & INDEMNITY AGREEMENT
(Please read carefully and completely before signing.)
THIS AGREEMENT MUST BE SIGNED BY ALL PERSONS WHO WISH TO PARTICIPATE IN ANY OM BRAZILIAN JIU-JITSU CLASS, EVENT, OR ACTIVITY.
SERVICES PROVIDED
I understand that OM Brazilian Jiu-Jitsu (hereinafter referred to as "OMBJJ") provides training, instruction, coaching, and practice space in and for Brazilian Jiu-Jitsu, No-Gi Grappling, Wrestling, Judo, Mixed Martial Arts, Boxing, Muay Thai, self-defense training, fitness programs, strength and conditioning exercises, mobility training, and other related martial arts and athletic activities (hereinafter collectively referred to as "Training").
PARTICIPATION
I hereby voluntarily agree to participate in Training at OMBJJ with full knowledge of the risks inherent therein, as more particularly described below.
ASSUMPTION OF RISK
I acknowledge that participation in Training, as defined above, entails certain known risks and dangers, as well as other unanticipated risks and dangers, any of which could result in injury to the participant(s) or others, including but not limited to: cuts, abrasions, bruises, strains, sprains, broken bones, dislocations, infections, skin conditions, soft tissue injuries, internal injuries, concussion, emotional stress, heart attack, stroke, temporary or permanent disability, paralysis, or death.
I understand that martial arts training involves physical contact, throwing, grappling, submissions, takedowns, striking drills, conditioning exercises, and other activities that inherently involve risk. With full understanding of the foregoing, I hereby voluntarily accept and assume all risks which may result from my participation (or my child's participation) in Training at OMBJJ.
WAIVER, RELEASE & INDEMNITY
In consideration of the Training provided by OMBJJ, I hereby expressly and forever, on behalf of myself, my heirs, successors, assigns, executors, administrators, personal representatives, and next of kin, release, waive, discharge, and covenant not to sue OMBJJ, its owners, officers, directors, instructors, coaches, employees, volunteers, participants, independent contractors, sponsors, insurance carriers, equipment manufacturers, suppliers, landlords, property owners, and any other persons or entities acting in any capacity on behalf of OMBJJ (collectively referred to as "OMBJJ and Affiliates") from any and all liability, claims, demands, causes of action, damages, losses, costs, or expenses arising from or related to any injury, illness, death, or property damage sustained by me (or caused by me to another person) arising out of or in connection with my participation in Training at OMBJJ.
I further agree to indemnify, defend, and hold harmless OMBJJ and Affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to my participation in Training at OMBJJ.
I make the foregoing waiver, release, and indemnity with full knowledge of the risks inherent in Training as outlined above.
MEDICAL TREATMENT AUTHORIZATION
In the event of an injury, illness, or medical emergency occurring during participation in Training, I authorize OMBJJ personnel to obtain emergency medical treatment on my behalf if deemed necessary. I understand that I am solely responsible for all costs associated with such treatment and that OMBJJ assumes no responsibility for medical expenses incurred.
HEALTH CERTIFICATION
I certify that I am physically fit and have no medical condition that would prevent me from safely participating in Training. I understand that it is my responsibility to consult with a physician before participating if I have any concerns regarding my physical condition.
INSTRUCTORS
I acknowledge and understand that OMBJJ instructors, coaches, and staff have difficult jobs to perform. They seek to create a safe training environment, but they are not infallible. They may be unaware of a participant's fitness level, medical condition, or abilities, and they may give incomplete warnings or instructions. Equipment may also malfunction. I voluntarily assume all risks associated with these possibilities.
PHOTOGRAPHY AND VIDEO RELEASE
I hereby grant permission to OMBJJ and its representatives to photograph, record, or film me during classes, events, seminars, competitions, or other academy activities. I understand that such photographs, videos, or recordings may be used for promotional, educational, advertising, social media, website, or marketing purposes without compensation to me.
I waive any right to inspect or approve the finished product and release OMBJJ from any claims arising out of the use of such materials.
VALUABLES AND PERSONAL PROPERTY
Members and guests are strongly encouraged not to bring valuables onto the premises. OMBJJ shall not be responsible for the loss, theft, or damage of any personal property belonging to members, guests, or visitors.
MINOR PARTICIPANTS
If the participant is under eighteen (18) years of age, the parent or legal guardian signing below acknowledges that they have read and understand this Agreement and agree to its terms on behalf of the minor participant.
VENUE AND CHOICE OF LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any claim, action, or proceeding arising out of or relating to this Agreement or participation in Training at OMBJJ shall be brought exclusively in a court of competent jurisdiction located in Suffolk County, New York.
MEMBERSHIP CANCELLATION POLICY
Members must provide OMBJJ with thirty (30) days written notice to cancel or freeze an active membership. Membership obligations remain in effect during the notice period unless otherwise agreed to in writing by OMBJJ.
OPPORTUNITY TO REVIEW / BINDING EFFECT
I acknowledge that I have had sufficient opportunity to read and understand this entire Agreement. I understand that by signing below, I am giving up substantial legal rights, including the right to sue. I sign this Agreement voluntarily and agree to be legally bound by its terms.