RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Brazilian jiu-jitsu organized by WM Studio operating as Academia Washington Luis Brazilian Jiu-Jitsu, of 6330 Spencer Hwy Suite 120, Pasadena, Texas, 77505 and/or use of the property, facilities and services of WM Studio operating as Academia Washington Luis Brazilian Jiu-Jitsu, I, of (ADDRESS), (CITY), (STATE) agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by WM Studio operating as Academia Washington Luis Brazilian Jiu-Jitsu, or the employees, representatives or agents of WM Studio operating as Academia Washington Luis Brazilian Jiu- Jitsu.
2. ASSUMPTION OF THE RISKS AND RELEASE. I understand that Brazilian Jiu-Jitsu can cause serious injury or even death. I will be learning to immobilize an opponent via activities including, but not limited to, choking a person unconscious or causing major trauma to joints such as the shoulder, elbow, wrist, ankle or knee. At some point everyone who trains in Brazilian Jiu- Jitsu long enough will suffer at least a minor injury. Participation also includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist. Knowing all of the above, I freely choose to participate in class and recognize that there are certain inherent risks associated with the above described activity. I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge WM Studio operating as Academia Washington Luis Brazilian Jiu Jitsu for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of WM Studio operating as Academia Washington Luis Brazilian Jiu Jitsu, whether caused by the fault of myself, my family, WM Studio operating as Academia Washington Luis Brazilian Jiu Jitsu or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend WM Studio operating as Academia Washington Luis Brazilian Jiu-Jitsu against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of WM Studio operating as Academia Washington Luis Brazilian Jiu-Jitsu.
4. FEES. I agree to pay for all damages to the facilities of WM Studio operating as Academia Washington Luis Brazilian Jiu-Jitsu caused by any negligent, reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Texas law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that WM Studio operating as Academia Washington Luis Brazilian Jiu-Jitsu has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. EMERGENCY CONTACT. In case of an emergency, please call _________________ (Relationship: _________________) at _________________ (Day), or _________________ (Evening).
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.