RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named in this contract (referred to as "I" or "me" or “Buyer” or “Member”) desires to participate in Jiu Jitsu athletic training and classes (the "Activity") provided by Roberts Performance L.L.C., doing business as Enigma Jiu Jitsu, a Missouri limited liability company (the "Company"), at its designated premises. As lawful consideration for being permitted by the Company to engage in the Activity, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
I am aware and understand that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, death, or property damage. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others, including negligent emergency response or rescue operations of the Company. I understand that while the Company has implemented measures to reduce the risk of injury from the Activity, the Company cannot guarantee that I will not be injured due to my participation in the Activity.
I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY ENGAGING IN THE ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I, on behalf of myself, members of my family, my heirs, executors, administrators, and assigns, hereby expressly waive and release any and all claims, now known or hereafter known, against the Company and its officers, managers, employees, agents, affiliates, owners, members, successors, and assigns (collectively, "Releasees"), on account of injury, illness, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee and forever release and discharge the Company and all other Releasees from liability under such claims.
I confirm that I am in good health, in proper physical condition, and do not have any injury, disease, ailment, or medical or other conditions that would impair my ability to participate in the Activity. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity while participating in the Activity. I will also follow all instructions, recommendations, and cautions of the Company at all times during the Activity. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of an injury, disease, ailment, or medical or other conditions that would impair my ability to participate in the Activity, I will immediately discontinue further participation in the Activity.
I agree that I will supply my own protective equipment for the Activity. I understand that if I am pregnant or have any medical problems, it is recommended that I consult a physician prior to participating in the Activity. Any person who has or is currently teaching/instructing any fitness or martial arts programs must identify themselves prior to the Company. The Company reserves the right to deny entry to its premises. Any reproduction of training programs/classes in any form, including training/class materials, is strictly prohibited. Legal action will be taken against individuals or organizations who attempt to replicate the Company’s program in any form. I understand that I may be photographed or filmed while training and/or attending classes at the premises of the Company, and I give my permission to the Company and its affiliates to use any and all photos, video footage, and/or video streaming for promotional, sales, publicity, and advertising purposes for all media, including the internet, and that no additional consideration outside of the services provided by the Company will be provided.
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, and the costs of enforcing any right to indemnification under this Agreement, incurred by and/or awarded against the Company or any other Releasees, arising out of or resulting from any claim of a third party related to the Activity.
I hereby consent to receive medical treatment which may be deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim whatsoever in connection with such treatment or other medical services.
This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule. In the event of a dispute with the Company in any capacity, I expressly acknowledge and agree to submit to mandatory binding arbitration, to be exclusively conducted in Pulaski County, Missouri, with JAMS (formerly known as Judicial Arbitration and Mediation Services, www.jamsadr.com), for any and all such related claims, and thereby further waive any rights to trial by jury. I expressly acknowledge and agree to waive any rights that I may have to pursue or participate in a class or collective action pertaining to any such claims related to the Company.
I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS AGREEMENT IS A MATERIAL INDUCEMENT TO THE PERMISSION GRANTED BY THE COMPANY TO ALLOW ME TO PARTICIPATE IN THE ACTIVITY.
BY SIGNING, ELECTRONICALLY SIGNING, OR ELECTRONICALLY AGREEING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY AND THE OTHER RELEASEES. IF A MINOR IS NAMED IN THIS AGREEMENT, I HEREBY CONFIRM THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR NAMED IN THIS AGREEMENT. I HAVE THE LEGAL RIGHT TO CONSENT AND, BY SIGNING, ELECTRONICALLY SIGNING, OR ELECTRONICALLY AGREEING, I HEREBY DO CONSENT TO THE TERMS AND CONDITIONS OF THIS RELEASE OF LIABILITY.