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LIABILITY
WAIVER

Grappling Arts of Stockton LLC  ·  Please read carefully before signing

This Assumption of Risk, Release of Liability, Waiver of Claims, and Indemnity Agreement ("Agreement") is entered into by the undersigned participant ("Participant") and Grappling Arts of Stockton LLC, also known as Grappling Arts of Stockton or GAS, its owners, operators, coaches, instructors, employees, agents, volunteers, and affiliates (collectively, "GAS").

1. DESCRIPTION OF ACTIVITIES

Participant wishes to participate in activities offered by GAS, including but not limited to Brazilian Jiu-Jitsu (Gi and No-Gi), wrestling, grappling, open mat sessions, private lessons, sparring, drilling, strength and conditioning, and any other related physical activities conducted on GAS premises or at GAS-sanctioned events ("Activities").

2. ASSUMPTION OF RISK

Participant acknowledges and agrees that the Activities involve inherent risks, dangers, and hazards, including but not limited to:

Participant voluntarily and knowingly assumes all such risks and accepts full responsibility for any injury, loss, or damage arising from participation in the Activities, whether caused by the ordinary negligence of GAS or otherwise.

3. RELEASE OF LIABILITY

IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE ACTIVITIES, PARTICIPANT, ON BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, AND ASSIGNS, HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE GRAPPLING ARTS OF STOCKTON LLC, ITS OWNERS, COACHES, INSTRUCTORS, EMPLOYEES, AGENTS, AND VOLUNTEERS (COLLECTIVELY, "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY — INCLUDING DEATH — THAT MAY BE SUSTAINED BY PARTICIPANT WHILE PARTICIPATING IN THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF GAS OR OTHERWISE.
PARTICIPANT UNDERSTANDS AND AGREES THAT THIS RELEASE DOES NOT EXTEND TO CLAIMS ARISING FROM THE GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT OF GAS.

4. INDEMNIFICATION

Participant agrees to indemnify, defend, and hold harmless GAS from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to (a) Participant's participation in the Activities, including claims caused in whole or in part by the ordinary negligence of GAS, (b) any breach of this Agreement by Participant, or (c) any claim brought by Participant or on Participant's behalf, including by a parent or guardian on behalf of a minor. This indemnification obligation does not extend to claims arising from GAS's gross negligence, recklessness, or willful misconduct.

5. MEDICAL ACKNOWLEDGMENT AND INSURANCE

Participant represents that they are in good physical condition and have no medical condition, impairment, or disability that would prevent safe participation in the Activities. Participant acknowledges that GAS is not responsible for providing medical care and agrees to seek appropriate medical attention before, during, or after training as needed. Participant consents to emergency medical treatment if GAS staff deem it necessary.

Participant further represents that they maintain personal health insurance covering injuries that may be sustained during the Activities, or, if not insured, knowingly trains at their own financial risk and waives any claim against GAS for medical costs.

6. GYM RULES AND CONDUCT

Participant agrees to abide by all GAS rules and policies, including:

Participant acknowledges that misconduct may result in immediate suspension or termination of membership without notice and without refund.

7. PHOTO AND MEDIA RELEASE

Participant grants GAS and its successors, assigns, and licensees a perpetual, irrevocable, royalty-free, worldwide right and license to photograph, film, record, and otherwise capture Participant's name, image, voice, and likeness during training, classes, events, and competitions, and to use, reproduce, edit, distribute, and publicly display such materials in any medium now known or later developed (including social media, websites, advertising, and print) for promotional, educational, and commercial purposes.

Participant waives any right to inspect or approve the finished materials and any compensation in connection therewith. If Participant is a minor, the parent or legal guardian grants this license on the minor's behalf.

8. MINORS

If Participant is under 18 years of age, this Agreement must be signed by a parent or legal guardian. By signing, the parent or legal guardian:

9. SEVERABILITY, GOVERNING LAW, AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this Agreement or Participant's participation in the Activities shall be brought exclusively in the state or federal courts located in San Joaquin County, California, and the parties consent to the personal jurisdiction of such courts.

PARTICIPANT AND GAS EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT.

The prevailing party in any litigation arising out of this Agreement is entitled to recover its reasonable attorneys' fees and costs.

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to render it enforceable while preserving the parties' original intent.

10. SURVIVAL

The provisions of Sections 3 (Release of Liability), 4 (Indemnification), 7 (Photo and Media Release), 8 (Minors), and 9 (Severability, Governing Law, and Dispute Resolution) shall survive the termination or expiration of this Agreement and any cessation of Participant's involvement with GAS.

11. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings, whether written or oral.

SIGN THE WAIVER

Type your full legal name below. Your typed name will serve as your electronic signature and has the same legal effect as a handwritten signature under the federal E-SIGN Act and California law.

 
Electronic Signature

A copy of this submission will be sent to Grappling Arts of Stockton. You will receive a confirmation at the email address provided.

WAIVER RECEIVED

Thank you. Your signed waiver has been submitted to Grappling Arts of Stockton.
See you on the mats.