KING’S GAMBIT JIU JITSU

RELEASE, INDEMNIFICATION & WAIVER OF LIABILITY

1. ACKNOWLEDGMENT AND DEFINITION OF ACTIVITIES

There is an inherent risk in engaging in any level of physical activity. By signing this Release, Indemnification & Waiver of Liability and entering or participating in programs at King’s Gambit Jiu Jitsu Academy (herein “Academy”), you, herein referred to as “Member” or “Participant,” acknowledge and agree to the conditions of training and participation at the Academy.

For purposes of this Agreement, “Activity” or “Activities” includes, but is not limited to, participation in:

• Brazilian Jiu Jitsu

• Jiu Jitsu

• Grappling

• Submission grappling

• Wrestling

• Muay Thai

• Boxing

• Kickboxing

• Striking arts

• Martial arts

• Self-defense training

• Sparring

• Live training

• Partner drills

• Pad work

• Bag work

• Strength and conditioning

• Cardiovascular exercise

• Flexibility and mobility training

• Calisthenics

• Resistance training

• Fitness classes

• Open mats

• Seminars

• Workshops

• Competitions

• Demonstrations

• Private lessons

• Group classes

• Academy-sponsored events

• Any other martial arts, combat-sports, recreational, athletic, self-defense, or fitness-related activity offered, supervised, sponsored, organized, or permitted by the Academy.

The term “Activities” applies whether participation occurs at the Academy or at another location in connection with an Academy class, event, competition, seminar, workshop, or other Academy-related activity.

Member acknowledges that martial arts, combat sports, self-defense training, and fitness activities involve physical exertion and may involve intentional and unintentional physical contact.

Training sessions may include, but are not limited to:

• Stretching and calisthenics

• Strength and cardiovascular conditioning

• Learning and drilling techniques

• Grappling

• Wrestling

• Takedowns

• Throws

• Sweeps

• Joint locks

• Chokes and submission techniques

• Positional control

• Punching

• Kicking

• Knee strikes

• Elbow strikes where permitted

• Clinch work

• Blocking and defensive movement

• Partner drills

• Heavy-bag work

• Pad and mitt work

• Simulated self-defense situations

• Controlled physical contact

• Live rolling

• Live sparring

• Resistance training

• Exercise involving weights or other fitness equipment

Member acknowledges that there is an inherent risk of injury, including serious bodily injury, permanent disability, paralysis, illness, concussion, traumatic brain injury, and death, associated with participation in these Activities.

Member acknowledges that the best way to learn and experience martial arts and fitness training is through active participation and voluntarily chooses to participate despite these risks.

Member further agrees that they may voluntarily use facilities provided by the Academy, including but not limited to:

• Dressing rooms

• Restrooms

• Showers

• Mat areas

• Training areas

• Heavy bags

• Punching bags

• Pads

• Mitts

• Shields

• Exercise equipment

• Strength and conditioning equipment

• Office areas

• Pro-shop areas

• Sidewalks

• Parking areas

• Other areas or equipment made available by the Academy

2. RELEASE AND EXCULPATORY CLAUSE

This release includes, without limitation, claims that may arise from:

• Member use of any Academy facility or condition of the premises;

• Improper or negligent maintenance of the facility;

• Member use of equipment that may malfunction, break, or otherwise cause injury;

• Improper or negligent maintenance of equipment by the Academy;

• Negligent instruction, coaching, supervision, or training by the Academy or its representatives;

• Member slipping, tripping, falling, or otherwise being injured while in the Academy or on surrounding premises;

• The conduct, actions, or omissions of other members, participants, guests, instructors, coaches, employees, or volunteers;

• First aid, emergency treatment, or other services that are negligently rendered or failed to be rendered by Releasees, emergency personnel, Good Samaritans, or other persons;

• A Releasee negligently preventing or interfering with another person rendering first aid or emergency assistance;

• Accidents or injuries occurring during classes, open mats, seminars, competitions, workshops, demonstrations, private lessons, fitness activities, self-defense activities, or Academy-sponsored events;

• Travel to or from an Academy Activity.

In consideration for receiving permission to participate in any and all lessons, classes, training sessions, competitions, workshops, seminars, open mats, demonstrations, fitness activities, self-defense activities, events, and other Activities of the Academy:

I HEREBY RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO HOLD HARMLESS FOR ANY AND ALL PURPOSES KING’S GAMBIT JIU JITSU, THE ACADEMY, ITS OWNERS, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, ASSIGNS, MEMBERS, VOLUNTEERS, INSTRUCTORS, COACHES, ASSISTANT COACHES, CONTRACTORS, AND/OR GUESTS (herein referred to individually or collectively as “Releasees” or “Indemnitees”) from any and all liabilities, claims, demands, injuries, including death, losses, or damages, including court costs, attorney’s fees, and expenses, that may be sustained while:

• Participating in an Activity;

• Preparing for or concluding an Activity;

• Traveling to or from an Activity;

• Entering, using, or leaving Academy premises;

• Using Academy equipment or facilities; or

• Participating in an Academy-sponsored event.

This release includes injuries or damages sustained as a result of the sole, joint, or concurrent negligence, negligence per se, statutory fault, or strict liability of Releasees, to the fullest extent permitted by applicable law.

3. ASSUMPTION OF RISK AND INDEMNITY

I am fully aware that participation in the Activities of the Academy involves inherent and other risks to myself and others.

I understand and voluntarily assume risks including, but not limited to:

General Physical Activity Risks

• Moderate to extremely strenuous physical exertion;

• Cardiovascular stress;

• Fatigue;

• Dehydration;

• Dizziness;

• Fainting;

• Overexertion;

• Running;

• Jumping;

• Lifting;

• Twisting;

• Bending;

• Explosive movements;

• Rapid changes of direction;

• Repetitive movements;

• Loss of balance;

• Falls and trips;

• Muscle strains;

• Sprains;

• Joint injuries;

• Fractures;

• Dislocations;

• Cuts;

• Abrasions;

• Bruising;

• Damage to teeth;

• Eye injuries;

• Facial injuries;

• Spinal injuries;

• Head injuries;

• Concussions;

• Traumatic brain injuries;

• Permanent disability;

• Paralysis;

• Death.

Jiu Jitsu and Grappling Risks

I understand that Jiu Jitsu, grappling, wrestling, and similar Activities may include:

• Takedowns;

• Throws;

• Sweeps;

• Falling;

• Positional control;

• Pins;

• Joint locks;

• Chokes;

• Submission techniques;

• Body pressure;

• Scrambles;

• Live rolling;

• Active resistance;

• Physical restraint.

I understand that these Activities may create a risk of injury to the muscles, joints, bones, spine, neck, head, face, teeth, hands, fingers, feet, toes, and other areas of the body.

Muay Thai, Boxing and Striking Risks

I understand that Muay Thai, Boxing, kickboxing, and other striking Activities may involve intentional controlled physical contact.

Such contact may include:

• Punches;

• Kicks;

• Knee strikes;

• Elbow strikes where permitted;

• Clinch work;

• Blocking;

• Parrying;

• Defensive movements;

• Pad work;

• Mitt work;

• Bag work;

• Partner drills;

• Controlled sparring.

I understand that I may intentionally or unintentionally be struck in areas including, but not limited to, the:

• Head;

• Face;

• Jaw;

• Nose;

• Mouth;

• Neck;

• Torso;

• Ribs;

• Abdomen;

• Arms;

• Hands;

• Legs;

• Feet.

I understand that even when participants follow Academy rules and use appropriate protective equipment, strikes may land unintentionally or with greater force than anticipated.

Risks associated with striking Activities include, but are not limited to:

• Bruising;

• Cuts;

• Abrasions;

• Bloody noses;

• Dental injuries;

• Eye injuries;

• Facial injuries;

• Fractures;

• Hand injuries;

• Wrist injuries;

• Foot injuries;

• Ankle injuries;

• Rib injuries;

• Joint injuries;

• Concussion;

• Traumatic brain injury;

• Loss of consciousness;

• Serious bodily injury;

• Permanent disability;

• Death.

Self-Defense Training Risks

I understand that self-defense instruction may involve simulated attacks and defensive responses.

Self-defense training may include:

• Grabbing;

• Pushing;

• Pulling;

• Striking;

• Kicking;

• Restraining;

• Escaping;

• Falling;

• Takedowns;

• Holds;

• Controlling another participant;

• Defending against simulated physical aggression;

• Other simulated real-world defensive situations.

I understand that although these Activities are conducted for instructional purposes, they involve physical contact and may result in accidental injury.

Fitness and Conditioning Risks

I understand that strength training, resistance training, cardiovascular exercise, mobility training, flexibility training, calisthenics, and other fitness-related Activities may result in:

• Muscle strains;

• Joint injuries;

• Falls;

• Overexertion;

• Cardiovascular distress;

• Dizziness;

• Fainting;

• Dehydration;

• Aggravation of pre-existing conditions;

• Injuries involving weights or other equipment;

• Other serious bodily injury.

Equipment and Partner Risks

I understand that injuries may result from:

• Gloves;

• Hand wraps;

• Shin guards;

• Headgear;

• Mouthguards;

• Pads;

• Mitts;

• Shields;

• Heavy bags;

• Training dummies;

• Exercise equipment;

• Weights;

• Mats;

• Walls;

• Floors;

• Other participants;

• Equipment malfunction;

• Improper equipment use;

• Improperly fitted protective equipment;

• Differences in size, strength, speed, age, experience, skill, or physical condition between participants;

• Accidental, unintended, excessive, or improperly controlled contact by another participant.

I understand that no protective equipment, safety rule, instructor, coach, training partner, supervision, or training procedure can completely eliminate the risks associated with these Activities.

I CHOOSE TO VOLUNTARILY PARTICIPATE IN THE ACTIVITIES WITH FULL KNOWLEDGE THAT THEY MAY BE HAZARDOUS TO ME, MY PROPERTY, AND THE PERSON OR PROPERTY OF OTHERS.

I acknowledge that Activities may be physically strenuous.

To the best of my knowledge, I know of no medical condition that would prevent me from safely participating, or I have disclosed applicable limitations to Academy staff and obtained medical advice when appropriate.

I agree to indemnify and hold harmless Indemnitees from any and all liabilities, claims, demands, injuries, including death, losses, or damages, including court costs, attorney’s fees, and expenses, which may occur to myself, other participants, or third persons as a result of my participation in an Activity, including injuries sustained as a result of the sole, joint, or concurrent negligence, negligence per se, statutory fault, or strict liability of Indemnitees, to the fullest extent permitted by law.

4. RISK MITIGATION AND SAFETY RULES

I understand that the risk of injury may be reduced, but cannot be eliminated, by following Academy rules and reasonable safety procedures.

I agree to:

• Fully participate in appropriate warm-up exercises and stretches;

• Follow instructions from Academy instructors, coaches, and staff;

• Ask for clarification if I do not understand a technique, drill, exercise, or instruction;

• Not knowingly attempt a technique I do not understand;

• Train within my physical abilities;

• Maintain reasonable control during all partner training;

• Follow the level of contact, intensity, techniques, and rules established by the instructor for each Activity;

• Immediately stop an Activity when instructed by a coach, instructor, or staff member;

• Immediately stop when a training partner verbally or physically communicates that they wish to stop;

• Promptly notify an Academy instructor or employee of any dangerous condition;

• Promptly notify an instructor if I become injured, dizzy, disoriented, unusually short of breath, ill, or unable to safely continue;

• Notify instructors of injuries or physical limitations that may affect my ability to safely participate;

• Cover broken skin, cuts, or friction-related lesions with an appropriate bandage;

• Not participate while suffering from a contagious skin infection;

• Not wear jewelry while engaged in training Activities;

• Not chew gum while engaged in training Activities;

• Bring and use appropriate protective equipment when required.

Protective Equipment

When required by the Academy or instructor, I agree to use appropriate protective equipment, which may include:

• Boxing gloves;

• Hand wraps;

• Mouthguards;

• Shin guards;

• Headgear;

• Groin protection;

• Other protective equipment appropriate to the Activity.

I understand that protective equipment may reduce certain risks but cannot prevent all injuries.

Jiu Jitsu and Grappling Safety

When participating in Jiu Jitsu, grappling, wrestling, or submission training:

• I agree to tap early and clearly;

• I may tap physically using my hand or foot;

• I may verbally say “tap” or otherwise clearly communicate submission;

• I agree to immediately release a submission, choke, joint lock, restraint, or other technique when my partner taps or communicates a desire to stop;

• I will not knowingly continue applying a submission after a tap;

• I will follow all restrictions established by the instructor regarding techniques appropriate to age, rank, experience, or class.

Muay Thai, Boxing and Striking Safety

When participating in Muay Thai, Boxing, kickboxing, or other striking Activities:

• I will follow instructor directions concerning the permitted level of contact;

• I will maintain reasonable control during partner drills and sparring;

• I will not intentionally strike prohibited areas;

• I will respect my partner’s size, age, skill, experience, and physical condition;

• I will stop immediately if my partner or an instructor calls for the Activity to stop;

• I will not participate in unsupervised sparring;

• I will participate in sparring only when permitted by an Academy instructor;

• I will use required protective equipment;

• I will not intentionally attempt to injure another participant.

5. COMMUNICABLE DISEASES, ILLNESSES AND SKIN CONDITIONS

I understand that martial arts, fitness, and combat-sports Activities may involve close physical contact with other participants and shared use of mats, equipment, facilities, and training spaces.

I understand that these circumstances may create a risk of exposure to communicable illnesses or infections.

I agree not to participate in Academy Activities if I have a contagious or potentially contagious illness or condition, including but not limited to:

• Ringworm;

• Staph;

• Impetigo;

• Other contagious skin infections;

• Influenza;

• COVID-19;

• Other communicable respiratory illnesses;

• Vomiting or gastrointestinal illness;

• Fever;

• Other illness or infection that may reasonably place other participants at risk.

I agree to refrain from participating until I am no longer contagious and can safely return to training consistent with appropriate medical guidance.

I understand that despite reasonable cleaning, hygiene, and safety procedures, the Academy cannot guarantee that I will not be exposed to a communicable illness or infection.

I voluntarily assume the ordinary risks associated with such exposure as part of participating in Activities involving close contact with others.

6. PROPERTY LOSS AND TRAVEL

I understand that participation in Academy Activities may involve travel to and from:

• The Academy;

• Competitions;

• Seminars;

• Workshops;

• Demonstrations;

• Special events;

• Other locations where Academy-related Activities occur.

I assume ordinary risks associated with such travel when undertaken independently.

I further understand that the Academy is not responsible for loss, theft, damage, or destruction of my personal property except as otherwise required by law.

7. INSURANCE AND RESPONSIBILITY FOR MEDICAL EXPENSES

I understand that Releasees may or may not maintain insurance covering circumstances arising from my participation in Academy Activities.

I understand that I am responsible for reviewing and maintaining any health, accident, disability, or other insurance coverage I believe appropriate for my participation.

I acknowledge that King’s Gambit Jiu Jitsu may not maintain insurance sufficient to cover every possible claim arising from participation in an Activity.

I accept financial responsibility for medical evaluation, treatment, transportation, rehabilitation, or other expenses resulting from an injury or illness involving myself or, when applicable, my minor child participating in Academy Activities.

8. MEDICAL AUTHORIZATION AND WAIVER

I understand that Releasees cannot reasonably anticipate or control every risk associated with Academy Activities and may need to respond to an accident, injury, illness, or emergency.

If I am unable to provide consent at the time treatment is necessary, I authorize reasonable emergency medical assistance or treatment to be sought on my behalf.

I understand that the decision regarding medical treatment may ultimately be made by qualified medical personnel.

I agree that the cost of medical treatment, emergency transportation, hospital care, or other medical services provided to me or my minor child will be my responsibility.

I agree to indemnify and hold harmless Indemnitees for costs incurred for treatment provided to me or my minor child, including circumstances in which an Indemnitee signs documentation associated with obtaining emergency medical care because I am unavailable or unable to do so.

To the fullest extent permitted by applicable law, I further release, waive, discharge, covenant not to sue, and agree to hold harmless Releasees from liabilities, claims, demands, injuries, including death, or damages arising from the provision of or decision to seek emergency medical assistance, including transportation to or from a medical care facility and claims resulting from the sole, joint, or concurrent negligence, negligence per se, statutory fault, or strict liability of Releasees.

9. PARENT OR LEGAL GUARDIAN ACKNOWLEDGMENT FOR MINORS

If the Participant is under the age of 18, the undersigned parent or legal guardian represents that they have legal authority to sign this Agreement on behalf of the minor Participant.

The parent or legal guardian acknowledges that martial arts, combat sports, self-defense training, sparring, grappling, striking, and physical fitness Activities involve inherent risks of injury.

The parent or legal guardian gives permission for the minor Participant to participate in Activities offered by the Academy subject to instructor approval, Academy rules, and age-appropriate participation requirements.

The parent or legal guardian agrees to instruct the minor Participant to follow all Academy safety rules and directions provided by instructors, coaches, and staff.

The parent or legal guardian acknowledges that the minor Participant may engage in physical contact with instructors and other minor or adult training partners when appropriate to the particular class or Activity.

10. BINDING EFFECT

It is my express intent that this Agreement shall bind me and, to the extent permitted by law, my spouse, family members, heirs, executors, administrators, legal representatives, successors, and assigns.

11. GOVERNING LAW AND VENUE

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas.

I agree that any action arising out of or relating to this Agreement shall be brought in a court of competent jurisdiction in Tarrant County, Texas, subject to any applicable rights concerning federal jurisdiction or removal.

12. SEVERABILITY

If any provision or portion of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision shall be severed or limited to the extent necessary, and the remaining provisions shall remain in full force and effect.

13. ENTIRE AGREEMENT REGARDING RELEASE OF LIABILITY

This Agreement constitutes the agreement between the parties regarding assumption of risk, release of liability, indemnification, and related matters addressed herein.

It supersedes prior oral or written communications concerning the waiver and release of liability addressed by this Agreement.

This waiver is separate from any membership agreement, introductory membership agreement, payment authorization, cancellation agreement, or other contract governing membership pricing or membership terms.

14. INTENTIONAL MISCONDUCT AND GROSS NEGLIGENCE

I understand that this waiver is not intended to release claims arising from intentional misconduct or grossly negligent conduct to the extent such claims cannot lawfully be waived.

15. VOLUNTARY SIGNATURE

By signing this Agreement, I acknowledge and represent that:

• I have read this Agreement;

• I understand this Agreement;

• I have had the opportunity to ask questions regarding this Agreement;

• I understand that this Agreement affects important legal rights;

• I sign this Agreement voluntarily as my own free act and deed;

• The Academy has not made, and I have not relied upon, oral representations or promises that contradict the written terms of this Agreement;

• I understand that I may choose not to sign this Agreement and may decline to participate in Academy Activities;

• I understand that alternative recreational or fitness activities may be available that involve different or lower levels of risk;

• Despite the risks described in this Agreement, I voluntarily choose to participate in Academy Activities.

I ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND THE PROVISIONS OF THIS RELEASE, INDEMNIFICATION & WAIVER OF LIABILITY.

I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING CERTAIN RIGHTS TO BRING A CLAIM OR LAWSUIT AGAINST THE RELEASEES.

I ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY BEFORE SIGNING THIS AGREEMENT.

If signing for myself, I represent that I am at least 18 years of age and legally competent to execute this Agreement.

If signing for a minor, I represent that I am the minor Participant’s parent or legal guardian and have authority to execute this Agreement in connection with the minor’s participation.

PARTICIPANT INFORMATION

Member/Participant Name: {name}

Date of Birth: {dob}

Parent/Legal Guardian Name, if Participant is a minor: {parent_name}

Participant or Parent/Legal Guardian Signature:

Date Signed: {sign_date}