IMPORTANT: THIS RELEASE IS A LEGAL CONTRACT BINDING UPON YOU AND MARCO NASCIMENTO BRAZILIAN JIU-JITSU (MNBJJ), ITS EMPLOYEES AND ASSOCIATES, READ IT CAREFULLY AND OBTAIN LEGAL ASSISTANCE YOU DO NOT UNDERSTAND IT.
I, the undersigned, acknowledge and state that I have voluntarily applied to become a member or guest of and to participate in the activities of Marco Nascimento Brazilian Jiu-Jitsu, including, but not limited to, the instructions, techniques, and methods commonly known as Brazilian Jiu-Jitsu and Submission Fighting. I am aware and understand that Brazilian Jiu-Jitsu and Submission Fighting are potentially dangerous activities. I am voluntarily of my own free will submitting an application for membership, becoming a member, learning and participating in the Marco Nascimento Brazilian Jiu-Jitsu methods with full knowledge and understanding of the potential danger and hazards involved. I hereby consent and agree to completely accept alone any and all risks of injury or death. I also acknowledge and understand that the performance, practice and utilization of Marco Nascimento Brazilian Jiu-Jitsu methods involve extremely strenuous physical activity, and that I have been advised to consult a physician before commencing and undertaking such activity. I hereby represent that, to the best of my knowledge, I am in good physical health and condition sufficient to undertake the activities and practices of Marco Nascimento Brazilian Jiu-Jitsu. I hereby declare that I have read this release from liability and that I fully understand the meaning and importance of its contents. I acknowledge that this release is a binding contract among Marco Nascimento Brazilian Jiu-Jitsu and it associates; and that under this contract I am releasing Marco Nascimento Brazilian Jiu-Jitsu and its associates from all liability for claims I may have against them. I further declare and represent that I am at least 18 years of age, that I have full legal capacity to be bound by this contract, and that I am signing this contract of my own free will and accord.
The novel coronavirus, COVID-19, and the disease it causes, (collectively “COVID-19”) has been declared a worldwide pandemic by the World Health Organization and Centers for Disease Control and Prevention (“CDC”). COVID-19 is an extremely contagious virus and is believed to be spread mainly from person-to-person contact.
The waiver, release and assumption of risk set forth here are given in consideration of being permitted to utilize the services and engage in the activities of Marco Nascimento Brazilian Jiu-Jitsu (“MNBJJ”), including but not limited to, the instructions, techniques, and methods commonly known as Brazilian Jiu-Jitsu and Submission Fighting (collectively the “Activities”). The undersigned (“I” or “me” or “my”) on behalf of himself or herself, and his or her minor children, wards, heirs, agents, successors, assigns, does hereby acknowledge and agree to the following:
1. ASSUMPTION AND ACCEPTANCE OF RISK. MNBJJ has taken certain steps to implement recommended guidance and protocols issued by federal, state and local Public Health Agencies to reduce the spread of COVID-19. I have read, fully understand and agree to comply with MNBJJ’s COVID-19 policies, procedures and preventative measures (collectively “Policies”). MNBJJ may revise its Policies at any time based on updated recommended guidelines and protocols issued by public health agencies. Due to the nature of the Activities and facilities offered by MNBJJ, social distancing of six feet per person is not possible. MNBJJ cannot and does not guarantee that I, my family, my children, my guests and invitees will not become infected by COVID-19.
I further acknowledge and agree that neither I, nor my participating children, shall visit MNBJJ or participate in the Activities if I or my immediate family (i) experience symptoms of COVID-19, including fever or cough; (ii) has a suspected or diagnosed case of COVID-19; or within 14 days after (iii) returning from a highly impacted area subject to a CDC Travel Health Notice; (iv) exposure to any person returning from such highly impacted areas; or (v) exposure to any person who has a suspected or confirmed case of COVID-19.
I fully understand that participating in the Activities and/or accessing the premises, facilities or equipment offered by MNBJJ could increase my risk and others, including my family and my children, of contracting COVID-19 or other diseases such as influenza, and such exposure or infection may result in quarantine requirements, personal injury, serious illness, permanent disability and/or death, and I knowingly and voluntarily accept and assume all of the risks and full responsibility for any such harm, injury or death related, in any way, to participating in the Activities and/or accessing the premises, facilities or equipment offered by MNBJJ.
2. WAIVER, RELEASE, COVENANT NOT TO SUE, INDEMNIFICATION, AND HOLD HARMLESS: I hereby forever and expressly waive, release, covenant not to sue, discharge, indemnify and hold harmless MNBJJ, including its directors, officers, managers, members, agents, employees, successors, assigns, and other representatives, from any and all liability, claims, demands, liabilities, rights, damages, expenses and causes of action of any kind, or other losses, whether known or unknown, foreseeable or unforeseeable, or caused by the negligence of MNBJJ, active or passive, (collectively “Damages”) as a result of, or related to, participating in the Activities and/or accessing the premises, facilities or equipment offered MNBJJ, including but not limited to those related to the above described quarantine requirements, personal injuries, serious illness, permanent disability, death, disease, or other losses.
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THE AGREEMENT FREELY AND VOLUNTARILY, ON BEHALF OF MYSELF AND AS A PARENT/LEGAL GUARDIAN, AND INTEND BY MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.