LIABILITY WAIVER
STATEMENT OF HEALTH: (Initials)Member/participants acknowledges that he/she has no physical impairment (except those noted herein) and that the activities offered by this studio inherently involve the possibility of injury, financial loss or death. Member knowingly and voluntarily assumes the sole risk, liability and the full responsibility for such injury, financial loss or death resulting from the use of the studio’s facilities, equipment and/or instructions, even if such injury is caused by negligence. As additional consideration for the membership, Member does hereby for Member, Member’s heirs, executors, administrators, successors and assigns, release, acquit and forever discharge 10th Planet Jiu Jitsu Albuquerque Inc., its employees, agents, contractors, trainers, principals, servants, executors, administrators, successors, insurers, insurer’s agents, and all other loss of services, expenses, compensation whatsoever, whether known or unknown, foreseen or unforeseen, anticipated or unanticipated, which the member may have or which may hereafter accrue on account of or in any way growing out of the use of the gym, its facilities or equipment including any injury, financial loss or death, by Member or guest. I understand that I have been advised to consult a physician prior to commencement of my weight and/or cardio training program to ensure my state of wellness to participate in such strenuous activities. Furthermore, I understand my trainer does not hold him/herself out to be a licensed physician.
ASSUMPTION OF RISK: I the Client, understand that I am personally responsible for my actions while participating in my assigned training program, and I waive the responsibility of my instructor and 10th Planet Jiu Jitsu Albuquerque Inc. if I should incur any injury as a result of my own negligence. I understand that I may suffer bodily injury, and/or death, and/or loss of property and I acknowledge that serious accidents may occur during activities which I may participate in, including Jiu Jitsu, MMA, Muay Thai, Kickboxing, Wrestling, Sparring, Fighting, Aerobic Exercise, Weight Training, Kickboxing, Boxing, and all activities of sport, Martial Arts or non-related activities taking place in connection with 10th Planet Jiu Jitsu Albuquerque Inc., and I assume all risk as a participant and/or spectator, and/or bystander.
LIABILITY WAIVER: In consideration for being committed by instructor to participate in these physical activities and to use the facilities of 10th Planet Jiu Jitsu Albuquerque Inc. I, the Client, hereby agree that I, my assignees, heirs, distributes, guardians, and legal representatives will not make a claim against, sue, or attach the property of any 10th Planet Jiu Jitsu Albuquerque Inc., its employee(s) or owner(s), for injury or damage resulting from the negligence or other acts, howsoever, caused by any employee, agent or assistant of 10th Planet Jiu Jitsu Albuquerque Inc. or any of its affiliated organizations as a result of my participation in a weight and/or cardio training program. I, the Client, hereby release and hold Trainer and 10th Planet Jiu Jitsu Albuquerque Inc. harmless from all actions, claims, or demands that I, my assignees, heirs, distributes, guardians, and legal representative(s) now have or may hereafter have for injury or damage resulting from my participation in martial arts, weight and/or cardio training program.
Photo/Video Release: I hereby grant 10th Planet Albuquerque permission to use my photograph/video image in any and all publications including web site entries, without payment or any other consideration in perpetuity. I hereby authorize 10th Planet Jiu Jitsu Albuquerque to record, edit, alter, copy, exhibit, publish or distribute collectively, “Use” all photos and images. I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my photo appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph or video images. I hereby hold harmless and release and forever discharge 10th Planet Jiu Jitsu Albuquerque from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate which may have or may have by reason of such Use or this authorization.
It is further understood and agreed that all rights under Section 1542 of the Civil Code of the State of California and any similar law of any state or territory of the United States are hereby waived. Said section read as follows:
- Certain claims not affected by general release.
A general release does not extend to claims which the creditor does not know or suspect to exist in creditor’s favor at the time of executing the release, which if known by him must have materially affected creditor’s settlement with the debtor.
I certify that I have read and understand the terms of this Agreement and will comply with the contents herein.
COVID-19 AGREEMENT
Participant consent: In exchange for being permitted to enter the premises of 10th Planet Jiu Jitsu Albuquerque Inc. (the "Business"), located at 237 Eubank Blvd NE Albuquerque, NM 87123 (the "Premises") to practice Jiu Jitsu (the "Activity"), I agree to the following as described in this contract.
Participant agrees to instructions and requirements: I will follow all of the instructions of the Business while on the Premises. I agree not to enter the Premises if I am experiencing symptoms of COVID-19 such as cough, shortness of breath, or fever, have a confirmed or suspected case of COVID-19, or have come in contact in the last 14 days with a person who has been confirmed or suspected of having COVID-19.
Participant assumes the risk: I am aware of the highly contagious nature of COVID-19 and the risk that I may be exposed to or contract COVID-19 by being on the Premises and engaging in the Activity. I acknowledge that I am voluntarily entering the Premises to engage in the Activity with knowledge of the danger involved. I hereby agree to accept and assume all risks of personal injury, illness, disability, or death related to COVID-19, arising from my being on the Premises or engaging in the Activity, whether caused by negligence of the Business or otherwise.
Participant releases seller from liability: I hereby expressly waive and release any and all claims, now known or hereafter known, against the Business and its owners, employees, affiliates, and officers, on account of injury, illness, disability, or death arising out of or attributable to my being on the Premises or engaging in the Activity and being exposed to or contracting COVID-19, whether arising out of the negligence of the Business, its owners, employees, affiliates, officers, or otherwise.
By signing your name below you are in full agreement of above.