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ASSUMPTION OF RISK, RELEASE OF LIABILITY,
WAIVER OF ALL CLAIMS AND INDEMNIFICATION AGREEMENT

In consideration of The Jiu Jitsu of Brazil LLC (doing business as “IronGrip Jiu Jitsu”) (hereinafter “IronGrip”) giving me, the undersigned (“Participant”), the opportunity to participate in sports and training sessions, classes (“Jiu Jistsu Training”) use of fitness equipment, use of the IronGrip facilities, or any other activity or service provided to me by IronGrip, I, for myself, my personal representatives, assigns, heirs, and next of kin, state and agree to the following: 

ASSUMPTION AND ACKNOWLEDGEMENT OF RISK

I hereby acknowledge, agree, and represent that I fully understand the inherently dangerous nature of Jiu Jitsu Training and further acknowledge that I am in good health and proper physical condition to participate in such activities. I further acknowledge and fully understand I will be engaging in activities that involve risk of serious injury, which could result in physical or emotional injury, paralysis, permanent disability or even death, damage to property, third parties, and/or myself, as well as severe social and economic loss which may occur as a result not only from my actions, but also from the action, inaction, or negligence of others, the rules of play, or the condition of the premises or any equipment used. I further acknowledge and understand that these risks may be risks not known to me or not reasonably foreseeable. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity and that IronGrip cannot guarantee my safety. I expressly assume all risks of injury, including death, which may occur in connection with my participation in activities at IronGrip. 

I hereby acknowledge and agree that Jiu Jitsu Training or other activities I participate in at IronGrip may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, relief of muscle tension, stretching, and other various fitness activities. As is the case with any physical activity, the risk of serious injury, disability, or death, is always present and cannot be entirely eliminated. I hereby elect to voluntarily participate in Jiu Jitsu Training and other activities at IronGrip knowing that the associated physical activity may be hazardous to me. I further represent that I am in good physical condition and do not suffer from any known disability or condition which would prevent or otherwise limit my full participation Jiu Jitsu Training or other activities at IronGrip. 

I hereby acknowledge the risks of injury and illness resulting from exposure to pathogens and communicable diseases, including but not limited to MRSA, influenza, and COVID-19, and that such diseases may be spread through person-to-person contact and transference from physical objects. Because IronGrip is open for use by other individuals, I recognize that use of IronGrip’s facilities and participation in Jiu Jitsu Training or other activities at IronGrip presents a risk of contamination and that while particular rules, equipment, and personal discipline may reduce these risks, the risks of serious injury and illness do exist and are inherent in utilizing IronGrip’s facilities. I willingly agree to comply with all health, safety, and sanitary requirements that are conditions for participation at IronGrip. I further represent that I have not been exposed to and/or am not suffering from any illness or communicable disease and that if I observe any health hazard during my presence or participation, I will immediately remove myself from participation and notify the nearest IronGrip employee. I hereby elect to voluntarily participate in Jiu Jitsu Training and other activities and use of IronGrip’s facilities knowing that I may be exposed to pathogens or communicable diseases that could result in serious illness or death to myself or in transmission to a third party, whether caused by the active or passive negligence of IronGrip or otherwise. 

I hereby acknowledge and agree that prior to participating in any activity at IronGrip, I will inspect the health and fitness area and all equipment to be used, and if, through my inspection, I determine that anything related to that activity is unsafe, I will immediately advise an IronGrip employee or other official of IronGrip of the unsafe condition and will not participate until the condition is corrected. 

I hereby acknowledge the risks described above and further acknowledge that there may be other risks, hazards, and dangers that, based on the circumstances, are an integral part of Jiu Jitsu Training and other activities at IronGrip. I agree to assume all risk and bear full responsibility for any injury or damage I may suffer while participating in Jiu Jitsu Training and/or other training or activities at IronGrip, including but not limited to, any negligence on the part of IronGrip, its owners, administrators, successors, agents, assigns, and employees. I hereby assume the hazard of risk upon myself since I wish to train. I represent that I have no physical or mental limitations which would preclude my safe participation in Jiu Jitsu Training or engaging in other activities at IronGrip, and/or I assume all risks that may be created by such limitations. I further certify that I am not currently or mentally impaired or under the influence of drugs or alcohol and am otherwise legally competent to understand and enter this Agreement.

RELEASE, INDEMNIFICATION, AND PROMISE NOT TO SUE

I hereby release, covenant not to sue, and forever discharge, to the full extent permitted by applicable law, IronGrip, its owners, investors, managers, members, agents, employees, attorneys, successors and assigns, and directors, officers, contractors, representatives, divisions, subsidiaries, affiliates, other participants in Jiu Jitsu Training and/or other activities at IronGrip, and all persons and entities acting by, through, under, or in concert with them (“Releasees”) from any and all liability, claims, demands, losses, or damages caused or alleged to be cause in whole or in part by the negligence of any of the Releasees or otherwise, and I further agree that if I, anyone on my behalf, or any other third-party makes a claim against any of the Releasees related to my visit to IronGrip or my participation in Jiu Jitsu Training or other activities at IronGrip, I will indemnify, save, and hold harmless each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage or cost which may incur as a result of such claim. This release is binding on my heirs, assigns, and agents. 

FACILITY RULES AND AGREEMENTS

I will comply with all IronGrip rules, both written and as stated to me by IronGrip, during my participation in Jiu Jitsu Training and/or other activities at IronGrip. I will obey the IronGrip staff in regard to those rules as they affect my safety, other participants and observers, the property of IronGrip, and all resources used in conjunction with Jiu Jitsu Training and/or other activities. I understand that IronGrip reserves the right to refuse or terminate service for any non-discriminatory reason at any time. 

I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as IronGrip may deem appropriate. This Release extends to any liability arising out of or in connection with the medical treatment and transportation provided in the event of an emergency. 

I expressly agree that the terms of release and indemnity contained herein are intended to be as broad and inclusive as is permitted by law in the State of North Carolina. I also agree that if any portion of this Agreement is held to be invalid, illegal, or unenforceable, that portion of this Agreement shall be deemed separate, distinct, and independent, and shall be invalid only with respect to such provision or portion and shall not invalidate the remaining provisions or portions of the Agreement. The offending provision or portion shall be construed to the maximum extent possible to confer upon the parties the benefits intended thereby. The remaining provisions shall be construed and enforced to the same effect as if such offending provision or portion had not been contained herein. 

I hereby voluntarily waive any right that I may have to a trial by jury in any action, proceeding, or litigation involving a Releasee. 

I certify that I am at least eighteen (18) years of age and that no other representations have been made to me that change, alter, or modify anything within this Agreement. Additionally, I give IronGrip permission to use in its marketing materials any picture in which my likeness appears unless I notify IronGrip in writing otherwise, and I hereby waive any right to addition consideration for the use of said pictures. This Agreement shall be construed in accordance with the laws of North Carolina. 

I have read this Agreement, understand its terms, understand that I am giving up substantial rights by signing it, or by checking below, and have signed it freely and without inducement or assurance of any nature, and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law.

CONSENT FOR MINORS

I, the parent or legal guardian of the child interested in participating in Jiu Jitsu Training or other activities at IronGrip, have read the above waiver, release, and indemnity agreement and agree to its terms on behalf of my child and myself. I understand that by checking below, I am giving up substantial rights on behalf of my child and myself and I represent that I have legal capacity and authority to act on behalf of the minor named herein.