Assumption of Risk, Waiver of Liability, and Indemnification Agreement
SUP River Bend Jiu Jitsu Academy LLC
SUP River Bend Jiu Jitsu Academy LLC is a Virginia limited liability company (the "Company") that provides training, exercises, and other activities related to Brazilian Jiu-Jitsu (the "Activities"). The PARTICIPANT/PARENT (defined below) intends to participate in such activities provided by the Company.
While there are many benefits to the Activities, it is very important that the PARTICIPANT/PARENT (which refers to either an ADULT Participant, OR a MINOR Participant and his/her PARENTS/GUARDIANS) understands that all physical activities include some inherent risks of injury; these inherent risks cannot be eliminated regardless of the care taken to avoid injuries. Some examples of these inherent activity risks include, but are not limited to, falls, strained muscles, broken bones, concussions, cuts, injuries related to the physical or other health-related conditions of participants, etc. Other inherent risks include, but are not limited to, the conditions of the real property where the activities take place and risk of disease, including communicable diseases such as COVID-19, influenza, and other viral or bacterial infections. Risks related to participant and co-participants include, but are not limited to, erratic, careless, or negligent actions of co-participants or participant; errors of judgment or lack of attention of participant or co-participant.
The Company believes that it is important for the PARTICIPANT/PARENT to understand that certain kinds of injuries may occur, including but not limited to, scratches; bruises; minor cuts; muscle pulls; muscle soreness; sprains; ankle, knee, and other joint injuries (e.g., tendon, ligament); broken bones; concussions; tendonitis; stress fractures; permanent disability; paralysis; heart attacks; and death.
ASSUMPTION OF INHERENT RISKS: I have read the above warning regarding the nature of the Activities and some of their associated risks. I affirm that 1) I understand the demands of the Activities relative to my physical condition and skill level, 2) I understand the types of injuries that may occur as a result of Activities and 3) I understand their potential impact on my well-being, lifestyle, and potential future careers. I hereby assert that my participation is voluntary and that I knowingly assume all inherent risks, both known and unknown.
WAIVER OF LIABILITY FOR NEGLIGENCE: IN CONSIDERATION OF PERMISSION FOR MYSELF AND/OR MINOR PARTICIPANT TO PARTICIPATE IN THE ACTIVITIES AND SERVICES TODAY AND ON ALL FUTURE DATES, I, THE PARTICIPANT/PARENT, ON BEHALF OF MYSELF, MY SPOUSE, MY HEIRS, PERSONAL REPRESENTATIVES, ASSIGNS, OR OTHERS MAKING A CLAIM ON BEHALF OF MYSELF OR MY MINOR PARTICIPANT [HEREAFTER REFERRED TO AS RELEASING PARTIES] DO HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE COMPANY, OR ANY OF THE COMPANY'S OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, MANAGERS, VOLUNTEERS, INDEPENDENT CONTRACTORS, AND AGENTS, [HEREAFTER REFERRED TO AS PROTECTED PARTIES] FROM LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM 1) THE NEGLIGENCE OF THE COMPANY, OR OTHER PROTECTED PARTIES AND/OR ARISING FROM 2) THE PRESENCE OF MYSELF AND/OR MINOR PARTICIPANT ON THE PREMISES USED BY THE COMPANY FOR THE ACTIVITIES.
This Assumption of Risk, Waiver of Liability, and Indemnification Agreement applies to, but is not limited to, any/all of the following:
• Communicable illnesses (including COVID-19, influenza, and other viral or bacterial infections; personal injury (including death), and/or economic loss to the PARTICIPANT/PARENT arising from participation in the Activities (including, but not limited to, training, exercises, events, and while at the site of such Activities).
• Any and all claims resulting from the damage to, loss of, or theft of property.
• The release of the Company and all Protected Parties from any claims and rights that I and/or MINOR PARTICIPANT 1) now have against the Company or a Protected Party and/or 2) may have in the future against the Company or a Protected Party.
INDEMNIFICATION AGREEMENT: I, the PARTICIPANT/PARENT, agree to hold harmless, defend, and indemnify the Company and all Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney's fees and related expenses)
• From any and all claims of the Releasing Parties arising from an injury or loss by PARTICIPANT/PARENT due to participation or presence at the Activities (including claims arising from the inherent risks of the Activities or from the negligence of the Company or Protected Parties,
• I further agree to hold harmless, defend, and indemnify the Company and all Protected Parties against any and all claims of co-participants, rescuers, and others arising from the conduct of the PARTICIPANT/PARENT while participating or present on the premises utilized for Activities.
Clarifying Clauses:
• I also understand that if, in spite of this agreement, legal action is brought, either the appropriate trial court in Warren, County, Virginia or the United States District Court for the Western District of Virginia, Harrisonburg, has the sole and exclusive jurisdiction and that only the substantive laws of the Commonwealth of Virginia shall apply.
• I, the PARTICIPANT/PARENT, understand that this is the sole agreement related to liability for the Activities between myself, on the one part, and the Company, on the other part, and that it cannot be modified or changed in any way by representations or statements by any agent or employee of the Company.
• I further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the Commonwealth of Virginia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Agreements, Acknowledgements, and Assertions:
Rules and Actions for Participant Safety (Parent certifies for his/her minor child) Health I, the PARTICIPANT/PARENT, ...
• Acknowledge that the Activities can be strenuous and include the risk of serious injury.
• Acknowledge that the Company urges participants to get medical clearance prior to participation.
• Affirm that participant has no health problems that would make participation in the Activities unwise.
• Authorize the Company to secure emergency medical care, transportation (i.e., EMS), administer CPR/AED when deemed necessary by the Company; and I agree to assume all costs of emergency medical care and emergency transportation.
• Acknowledge that it is the participant's duty to inform staff and cease exercise immediately in the event of unusual discomfort (e.g., faintness, shortness of breath, dizziness, high anxiety, chest pains).
Safety I, the PARTICIPANT/PARENT, ...
• Know the participant is responsible for his/her own safety and must decide if any activity seems to be unsafe or too risky.
• Affirm participant has a duty to immediately report 1) any unsafe action by a co-participant or 2) any dangerous condition.
Injury I, the PARTICIPANT/PARENT, ...
• Affirm that participant agrees, before leaving the facility. to report all injuries, whether minor or serious, to the Company.
Conduct I, the PARTICIPANT/PARENT, ...
• Agree to abide by all policies, rules, and regulations of the Company.
• Understand the Company may terminate my participation in the Activities if my actions could be harmful to myself or others.
Photo/Video Release I, the PARTICIPANT/PARENT, ...
• Authorize the use of photos or videos of participant in print or electronic marketing, advertising, web, & social media.
ACKNOWLEGEMENT OF UNDERSTANDING: I, the PARTICIPANT/PARENT, have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights that might belong to me and/or the MINOR PARTICIPANT including:
1) My right as an ADULT PARTICIPANT to recover damages for any loss I may suffer resulting from my injury or death resulting from participation in any of the Activities;
2) My right as a parent to recover damages for any loss I may suffer resulting from injury to or death of myself or my MINOR PARTICIPANT resulting from participation in any of the Activities; and
3) The right of the MINOR PARTICIPANT to recover damages for any loss he/she might suffer from injury or death resulting from participation in any of the Activities.
I further acknowledge that I am signing and/or electronically agreeing to this agreement freely and voluntarily, and intend my signature and/or electronic agreement to be a complete and unconditional release of the Company or the other Protected Parties from all liability to myself, and/or the MINOR PARTICIPANT due to 1) negligence by the Company or the other Protected Parties or to 2) the inherent risks of the Activities, to the greatest extent allowed by law in the Commonwealth of Virginia.
Further,
I, the RESPONSIBLE ADULT, assert that 1) I have explained the inherent risks to the MINOR PARTICIPANT; 2) he or she understands this Agreement; and 3) the parent and minor participant knowingly accept and assume the inherent risks of the Activities.
Riverbend Brazilian JiuJitsu Academy
