WAIVER / RELEASE / ASSUMPTION OF RISK

PLEASE READ CAREFULLY
THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS

In this waiver, the term "Participant" refers to the individual engaged in martial arts activities provided by Gracie Jiu-Jitsu Council Bluffs. The "Signer" is defined as the individual who acknowledges and agrees to the terms of this waiver. For Participants under the age of 18, the Signer must be their legal guardian or parent. If the Participant is 18 years of age or older, they are required to be the Signer of this waiver themselves, thereby accepting all terms and conditions herein.

Your participation in any of the martial arts-related activities (hereinafter “Gracie Jiu-Jitsu” or the “Activities”) offered by or in connection with Gracie Jiu-Jitsu Council Bluffs is expressly conditioned upon your acceptance of the terms of this agreement. If, for any reason, you do not agree to the terms and conditions expressed herein, Signer should not sign this agreement, and Participant should not participate in any of the Activities.

PLEASE READ THE FOLLOWING CAREFULLY BEFORE DECIDING TO PARTICIPATE.

I understand that the martial art known as "Gracie Jiu-Jitsu" is taught using reasonable safety precautions intended to reduce the risk of injury. However, it may entail some risk of accident or injury and that this may be serious or even fatal as a consequence of the practice. Along with the possibility of personal injury, injury to property is also possible, including but not limited to, possible loss of wages and the ability to earn such wages.

The practice of Gracie Jiu-Jitsu presents a risk of exposure to and transmission of communicable diseases, infections, bacteria, viruses, fungi, and other illnesses, including but not limited to MRSA, staph infections, ringworm, influenza, COVID-19, and other contagious conditions. Participant agrees not to attend classes, training sessions, or events while experiencing symptoms of illness or while knowingly carrying a contagious condition that may pose a risk to others. Participant acknowledges that despite reasonable cleaning and safety practices, Gracie Jiu-Jitsu Council Bluffs cannot guarantee that Participant will not be exposed to or contract a communicable illness. Participant voluntarily assumes all risks associated with such exposure and participation in the Activities. Gracie Jiu-Jitsu Council Bluffs reserves the right to deny participation or require a Participant to leave if the Participant appears to have symptoms of a contagious illness that may pose a risk to others.

I agree that Participant will not participate in the Activities unless Participant is medically able and properly trained, and I agree to abide by the decision of Gracie Jiu-Jitsu Council Bluffs official or agent, regarding Participant's approval to participate in the Activities.

PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES AND DOES SO ENTIRELY AT THEIR OWN RISK. I UNDERSTAND AND ACKNOWLEDGE THAT GRACIE JIU-JITSU IS A CONTACT SPORT INVOLVING GRAPPLING, TAKEDOWNS, THROWING TECHNIQUES, JOINT LOCKS, CHOKEHOLDS, PHYSICAL EXERTION, AND CLOSE PHYSICAL CONTACT WITH OTHER PARTICIPANTS. I UNDERSTAND THAT THE RISKS OF PARTICIPATION INCLUDE, BUT ARE NOT LIMITED TO, SCRAPES, BRUISES, CUTS, STRAINS, SPRAINS, DISLOCATIONS, FRACTURES, CONCUSSIONS, NECK INJURIES, SPINAL INJURIES, JOINT INJURIES, LOSS OF CONSCIOUSNESS, ILLNESS, INFECTION, PERMANENT DISABILITY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, ECONOMIC LOSS, AND DEATH. I FURTHER UNDERSTAND THAT THESE RISKS MAY RESULT FROM MY OWN ACTIONS, THE ACTIONS OF OTHER PARTICIPANTS, THE NEGLIGENCE OF OTHERS, OR THE INHERENT NATURE OF THE ACTIVITIES. NOTWITHSTANDING THESE RISKS, I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, ASSOCIATED WITH PARTICIPATION IN THE ACTIVITIES.

With full knowledge of the foregoing risks, I, on behalf of myself and my heirs, personal representatives, and assigns, hereby release, waive, discharge, and covenant not to sue Gracie Jiu-Jitsu Council Bluffs and its owners, officers, directors, employees, instructors, agents, independent contractors, affiliates, successors, and assigns from any and all claims, demands, liabilities, damages, actions, causes of action, costs, and expenses arising out of or related to Participant’s participation in the Activities, including claims arising from the ordinary negligence of any released party, to the fullest extent permitted by law.

Further, knowing and understanding these risks, I hereby agree to voluntarily assume these risks to Participant and to release and hold harmless all the persons or entities mentioned above whom might otherwise be liable to me for damages. It is further understood that this waiver, release and assumption of risk is forever binding on my heirs and assigns. I also understand and acknowledge that  Participant has and will maintain appropriate medical insurance during classes/training.

I authorize any emergency first aid, CPR, AEDs, medication, medical treatment, and/or emergency transportation and I assume all costs involved in such treatment.

I understand and agree that Gracie Jiu-Jitsu Council Bluffs reserves the right, in its sole discretion, to refuse, suspend, or terminate participation, membership, or access to its facilities, programs, and events for any individual whose conduct, criminal history, behavior, or presence is deemed by Gracie Jiu-Jitsu Council Bluffs to be inconsistent with maintaining a safe, professional, and positive training environment for students, staff, and visitors.

I am also aware that for purposes of safety, security and quality control, there may be surveillance cameras mounted throughout the training facility. Furthermore, because of the popularity of Gracie University, I understand and acknowledge that video or photographs may be taken of Participant and any persons in attendance during classes/training. I hereby grant Gracie Jiu-Jitsu Council Bluffs and any of its assignees the unlimited use of Participant's likeness in any format (video, photo, or other) for promotional, advertisement or commercial use in perpetuity, and I forfeit any form of payment for such rights.

It is further understood that filming or photography of any classes/training at Gracie Jiu-Jitsu Council Bluffs by any person not employed by Gracie Jiu-Jitsu Council Bluffs is forbidden without prior permission.

I agree that if any term of this agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, all other terms shall remain in full force and effect.

I understand that this agreement supersedes any and all previous oral or written agreements with regards to the practice of Gracie Jiu-jitsu and I give up substantial rights by signing it. My signature on this document is evidence that I know and understand what is written herein, that I fully understand the dangers that are inherent in the Activities, and that I voluntarily certify that I will not hold Gracie Jiu-Jitsu Council Bluffs, Gracie Global LLC, d.b.a. Gracie University, Rener Gracie, Ryron Gracie, the Gracie family, their agents, independent contractors, and/or instructors, responsible for any injury whether as a result of training or not. In addition, Participant agrees to follow the safety protocols presented to all students of {gym_name} at the time of registration and during the training.

ELECTRONIC SIGNATURES. The parties agree that electronic signatures, digital signatures, and electronic acceptance of this Agreement shall have the same force and legal effect as original handwritten signatures and shall be admissible as evidence of execution of this Agreement.

For Participants eighteen (18) years of age or older, any dispute, claim, or controversy arising out of or relating to this Agreement, participation in Activities, or use of Gracie Jiu-Jitsu Council Bluffs’ facilities shall be resolved exclusively through final and binding arbitration in Pottawattamie County, Iowa, in accordance with the rules of the American Arbitration Association. The parties agree that Iowa law shall govern any such dispute. BY SIGNING THIS AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO FILE A LAWSUIT IN COURT, HAVE A TRIAL BY JURY, OR PARTICIPATE IN A CLASS ACTION. The arbitrator’s decision shall be final and binding and may be entered in any court of competent jurisdiction.

UNIFORM DEPOSIT AGREEMENT I acknowledge that I am responsible for the uniform deposit required to begin my 10-day trial at Gracie Jiu-Jitsu Council Bluffs. For clarity: the 10-day trial is 10 calendar days from today, IT IS NOT 10 CLASSES. I understand that the deposit is fully refundable if the uniform is returned in good condition at any time during the 10-day trial. However, if the uniform is not returned by the end of the 10-day trial, the deposit becomes non-refundable and the uniform is mine to keep. For Women Self Defense: you will be supplied a belt at no cost. If you decide not to continue with a membership, you must return the belt or you will be charged $20.

MEMBERSHIP TERMS ACKNOWLEDGMENT I understand that if Participant elects to enroll in a paid membership following any trial period, such membership shall be governed by the current Membership Enrollment Agreement published at: https://graciecb.com/page/mem

I acknowledge that I have been provided notice of the Membership Enrollment Agreement, have been given the opportunity to review its terms, and understand that a copy will also be provided electronically at my request. I further understand and agree that by electing to begin a paid membership, authorizing recurring payments, or making any membership payment after the trial period, I agree to be bound by the Membership Enrollment Agreement, including its payment, cancellation, and dispute resolution provisions. Participant/Parent Initials:

Participant Name: {name}
Sign Date: {sign_date}