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COSMIC TRAINING CENTER

"BRING YOUR OWN BUDDY BJJ"

PARTICIPANT ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

I, the undersigned participant, hereby acknowledge that I have voluntarily chosen to participate in the Brazilian Jiu-Jitsu program known as "Bring Your Own Buddy BJJ" (hereinafter "BYOB BJJ") at Cosmic Training Center, which is owned and operated by Joseph Lee (collectively referred to as "Released Parties").

1. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

I understand and acknowledge that participation in Brazilian Jiu-Jitsu, including but not limited to training, sparring, drilling, instruction, competitions, and all related activities (collectively referred to as "Activities") involves INHERENT AND SIGNIFICANT RISKS, including but not limited to:

a) Physical injuries, including but not limited to: sprains, strains, fractures, dislocations, tears, bruises, lacerations, abrasions, concussions, internal injuries, spinal injuries, paralysis, and in extreme cases, death;

b) Injuries resulting from physical contact with others, including but not limited to: strikes, throws, joint locks, chokes, and other grappling techniques;

c) Injuries resulting from contact with training equipment or facilities;

d) Aggravation of pre-existing medical conditions;

e) Physical exertion and its consequences, including but not limited to: dehydration, exhaustion, cardiac events, and other physiological stress responses;

f) Emotional or psychological stress or trauma; and

g) Property damage or loss.

I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS associated with participation in BYOB BJJ and the Activities, whether or not described above, known or unknown, inherent or otherwise. I acknowledge that the Activities may be unsupervised or supervised by instructors with varying levels of experience and training.

2. RELEASE OF LIABILITY AND COVENANT NOT TO SUE

In consideration for being permitted to participate in BYOB BJJ and use the facilities at Cosmic Training Center, I, on behalf of myself, my heirs, next of kin, assigns, personal representatives, and anyone claiming through me, hereby RELEASE, WAIVE, AND FOREVER DISCHARGE the Released Parties from any and all claims, demands, causes of action, suits, damages, losses, liabilities, costs and expenses (including, but not limited to, attorney's fees) of any nature whatsoever, including but not limited to claims of NEGLIGENCE, arising out of or in any way related to my participation in BYOB BJJ or the Activities at Cosmic Training Center.

I COVENANT NOT TO SUE the Released Parties for any present or future claims, including but not limited to claims of NEGLIGENCE, arising from or related to my participation in BYOB BJJ or the Activities at Cosmic Training Center.

3. INDEMNIFICATION AGREEMENT

I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any and all claims, demands, causes of action, suits, damages, losses, liabilities, costs and expenses (including, but not limited to, attorney's fees) arising from or in any way related to my participation in BYOB BJJ or the Activities at Cosmic Training Center, including but not limited to:

a) My acts or omissions; b) Claims brought by any person as a result of my participation in BYOB BJJ or the Activities; c) Claims brought by my guests, training partners, or anyone I bring to Cosmic Training Center; d) Medical expenses incurred as a result of my participation in BYOB BJJ or the Activities; e) Damage to property, including Cosmic Training Center facilities and equipment; and f) Any breach of this Agreement.

4. MEDICAL CONSENT AND REPRESENTATION OF PHYSICAL CONDITION

I understand the physically demanding nature of BYOB BJJ and the Activities. I REPRESENT AND WARRANT that I am in good physical condition and HAVE NO MEDICAL CONDITION that would prevent my participation in BYOB BJJ or the Activities, or that would increase the risk of harm to myself or others. I ASSUME FULL RESPONSIBILITY for ascertaining whether any medical condition I have is compatible with participation in BYOB BJJ or the Activities.

In the event of illness, injury, or emergency, I AUTHORIZE the Released Parties to:

a) Administer first aid; b) Transport me to a medical facility; c) Contact emergency personnel, including ambulance services; d) Share my medical information with medical providers; and e) Contact the emergency contact person I have designated.

I understand that I am financially responsible for any and all medical expenses incurred as a result of my participation in BYOB BJJ or the Activities.

5. COMPLIANCE WITH RULES AND POLICIES

I AGREE TO COMPLY with all rules, instructions, policies, and procedures established by the Released Parties with respect to BYOB BJJ and the Activities. I acknowledge that the Released Parties reserve the right to remove or exclude any participant who fails to comply with such rules, instructions, policies, and procedures, or whose behavior poses a threat to themselves or others.

6. MEDIA RELEASE

I hereby grant to the Released Parties the irrevocable right and permission to photograph and/or record me in connection with BYOB BJJ or the Activities, and to use the photographs and/or recordings for all purposes, including advertising and promotional purposes, in any manner in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photographs and/or recordings, and acknowledge and agree that the rights granted by this paragraph are without compensation of any kind.

7. TERM OF AGREEMENT

I understand that this Agreement will apply throughout my participation in BYOB BJJ and the Activities at Cosmic Training Center, including future participation, without the need for a new agreement unless the Released Parties require one.

8. SEVERABILITY AND INTEGRATION

I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any previous agreement, representation, or understanding.

9. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by the laws of the State of California, without regard to its conflict of law principles. Any lawsuit or legal proceeding arising out of or relating to this Agreement or my participation in BYOB BJJ or the Activities shall be commenced exclusively in the state or federal courts in Los Angeles County, California. I consent to the exercise of personal jurisdiction by these courts and waive any objection that these courts constitute an inconvenient forum.

10. ACKNOWLEDGMENT OF UNDERSTANDING

I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this Agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENT, AND VOLUNTARILY AGREE TO ITS TERMS.

Participant's Name:     {name}

Participant's DOB:     {dob}

Date Signed:     {sign_date}

Address:     {address}

Phone:     {phone} 

Emergency Contact Name:     {contact_name}

Emergency Contact Relationship:     {contact_relation}

Emergency Contact Phone:     {contact_phone}

FOR PARTICIPANTS UNDER 18 YEARS OF AGE

I, the undersigned parent or legal guardian, certify that I have custody of the minor participant named above. I have read this Agreement and fully understand its terms. I understand that I am giving up substantial rights on behalf of the minor participant, including the right to sue. I acknowledge that I am signing this Agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

Parent/Guardian Name: 

Date Signed:     {sign_date}

Relationship to Minor: