WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participation in FITNESS CENTER ACTIVITIES (hereinafter the “Activity”); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor”, “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into the WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or cause of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge Identity Grappling Club LLC, dba Identity Jiu-Jitsu, 619 8th Ave S, Seattle, WA 98104 (“IDJ”), Tuan Duong individually and his marital community, and their respective affiliates, manager, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively “Releasees”). From any physical or psychological injury that I may suffer as a direct result of my participation in the Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Identity Jiu-Jitsu to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AED’s, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
MEDIA CONSENT AND RELEASE
I understand that Identity Jiu-Jitsu (“IDJ”) may photograph, film, or record video, audio, or still images of me during classes, open mats, events, or promotions held at 619 8th Ave S, Seattle, WA 98104, or at any IDJ-affiliated location or event (collectively, the “Media”).
I grant IDJ, its owners, employees, and agents permission to use my name, image, likeness, voice, story, statement, or opinion captured in such Media, for any purpose, including but not limited to IDJ’s website, instructional videos, social media accounts, print advertising, email marketing, and promotional materials, for an indefinite period and without geographic restriction. I release IDJ and all Releasees from all claims and demands arising out of or in connection with any use of said Media, including, without limitation, all claims for invasion of privacy, infringement of my right of publicity, and defamation.
I understand that I will not receive payment or compensation of any kind for the use of this Media, and that I may withdraw this consent at any time by submitting a written request to IDJ staff. Withdrawal will not affect Media already published prior to the request, but IDJ will make reasonable efforts to remove future use going forward.
If the participant is under the age of 18, this consent is given by the signing parent or guardian on the participant’s behalf.
This Media Consent and Release shall be governed by Washington State law and is supplementary to, and does not limit, the Waiver and Release of Liability set forth in this document.
COMMUNICABLE DISEASE ACKNOWLEDGMENT
I understand that Brazilian Jiu-Jitsu and grappling arts involve close physical contact, shared mats, and shared equipment, and that this contact carries an inherent risk of exposure to and transmission of communicable diseases and skin conditions, including but not limited to staph infections, ringworm, herpes gladiatorum, and other bacterial, viral, or fungal conditions, as well as respiratory illnesses. I agree to inspect myself for any visible skin conditions, cuts, or symptoms of illness prior to participating, and to refrain from participating and to notify IDJ staff if I am experiencing any such condition or symptoms. I assume all risk of exposure to communicable diseases and skin conditions arising from my participation and release IDJ from any liability related to such exposure or transmission, except where caused by IDJ’s gross negligence or willful misconduct.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of Identity Jiu-Jitsu's official or agent, regarding my approval to participate in the Activity.
RIGHT TO PROHIBIT PRACTICE OR PARTICIPATION
IDJ reserves the right to prohibit or terminate my participation in the Activity, on a temporary or permanent basis, for any reason and at its sole discretion, without providing a refund of any fees paid.
ETIQUETTE AND SAFETY GUIDELINES
This Release incorporates by reference the documents titled “IDJ Etiquette Guidelines” and “IDJ Safety and Restricted Technique Guidelines,” as may be updated by IDJ from time to time, which contain additional terms, conduct expectations, and technique restrictions applicable to my participation in the Activity. I agree to review and abide by these guidelines.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THESE “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Identity Jiu-Jitsu AND ALL OF ITS AFFILIATES, MANAGER, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSE OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Identity Jiu-Jitsu FOR PERSONAL INJURY OR PROPERTY DAMAGE.
OFF-SITE AND THIRD-PARTY EVENT PARTICIPATION
I understand that this Waiver and Release of Liability, including all its terms, extends to my participation in any IDJ-organized or IDJ-sponsored activity that takes place away from IDJ’s primary location, including but not limited to seminars, open mats, tournaments, competitions, and other events hosted by third parties, whether or not an IDJ representative is present. I understand that IDJ does not control the premises, equipment, or safety practices of third-party venues or event organizers, and I assume all risks associated with participating in such off-site activities to the same extent as I do for activities at IDJ’s primary location.
To the extent that statute or case law does not prohibit release for ordinary negligence, this release is also for such negligence on the part of Identity Jiu-Jitsu, its agents, and employees.
I agree that this Release shall be governed for all purposes by Washington State law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
ARBITRATION AND DISPUTE RESOLUTION
Any dispute, claim, or controversy arising out of or relating to this Release, or my participation in IDJ activities, shall be resolved exclusively through binding arbitration administered in King County, Washington, in accordance with the rules of the American Arbitration Association or a similar recognized arbitration body, rather than in court. I understand that I am waiving my right to a jury trial and my right to participate in a class action, collective action, or representative proceeding against IDJ. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause does not prevent either party from seeking emergency injunctive relief in court where appropriate.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions or neglect or recklessness.
THIS AGREEMENT was entered into at arms-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, {name} and Identity Jiu-Jitsu agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
EFFECTIVE DATE
This Release is effective from the date signed below, with no expiration, and remains in effect for the duration of my participation in the Activity, during this initial and all subsequent events of participation. The terms of this Release are retroactive to the date of my first participation in the Activity with IDJ, if this Release is signed after that date.
EMERGENCY CONTACT
In the event of an emergency, please contact the following person(s) in the order presented:
Name: {contact_name}
Phone: {contact_phone}
Relationship: {contact_relation}
I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.
Participant’s Name: {name}
Participant’s Address: {address}
PARENT / GUARDIAN WAIVER FOR MINORS
In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent/guardian, as follows:
I HEREBY CERTIFY that I am the parent or guardian of {name}, named above, and do hereby give my consent without reservation to the foregoing on behalf of this individual.
Relationship to Minor:
SIGNATURE
By signing below, I confirm that I have read this entire Waiver and Release of Liability, including the Media Consent and Release, Communicable Disease Acknowledgment, Right to Prohibit Practice or Participation, and Etiquette and Safety Guidelines sections, and that I agree to be bound by all of its terms.
Signature:
Date: {sign_date}
Identity Jiu-Jitsu
