Elma Jiu Jitsu Club
Release and Waiver of Liability and Indemnity Agreement Waiver
(Read Carefully Before Signing)
- Participation is voluntary: The participant has been advised by Honey Bear Jiu Jitsu DBA as Elma Jiu Jitsu Club (hereinafter EJJC) that participation in any and all activities is voluntary. Participant understands and agrees that, if at any time, participant feels anything to be unsafe, including but not limited to equipment, facilities and/or activities, participant will immediately take all precautions to avoid the unsafe area, equipment, and/or activity and refuse to participate further.
- Understand risks of participation: Participant fully understands and acknowledges that: (a) there are risks and dangers associated with participation in martial arts events and activities which could result in bodily injury, partial and/or total disability, contraction of illness and/or disease, paralysis and death, (b) the social, physical, mental, and economic losses and/or damages, which could result from these risks and dangers described above, could be severe, (c) these risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the parties named below, and (d) there may be other risks not known to us or are not reasonably foreseeable at this time.
- Acknowledge risks of participation: Participant hereby acknowledges that the activities are very dangerous and involve the risk of serious injury and/or death and/or property damage. Each of the undersigned also expressly acknowledges that injuries received may be compounded or increased by negligent rescue operations or procedures.
- Acceptance of responsibility/assumption of risk of participation: Participant accepts and assumes such risks and responsibility for the losses and/or damages following such injury, contracted illness or disease, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of EJJC, its owners, agents or employees, or by intentional conduct of parties not an owner, agent, instructor, or employee of EJJC.
- Participant responsibilities: I certify that I am in good health and physical condition, and do not have any communicable illnesses, conditions or diseases. I certify that I will not participate in any activities if I am not in good health and physical condition. It is my responsibility to be aware of the demands of the activity at all times. It is my responsibility to be adequately equipped and physically prepared. It is my responsibility to follow the instructions of the designated class leader. Skills taught in this program will not assure my safety in situations of self-defense. I am solely responsible for my own personal safety and the safety of others in the program.
- Release of liability/covenant not to sue: Participant hereby releases, waives, discharges, and covenants not to sue EJJC, the martial arts facility used by the participant, including its owners, managers, promoters, lessees of premises used to conduct the martial arts event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions or instructions to engage in risk evaluation or loss control activities regarding the martial arts facility or events held at such facility and each of them, their directors, officers, agents, employees, from all liability to the undersigned, my/our personal representatives, assigns, executors, heirs and next to kin, for any and all claims, demands, losses or damages and any claims or demands therefore on account of any injury, including but not limited to the death of the participant or damage to property, arising out of or relating to the events(s) caused alleged to be caused in whole or in part by the negligence of the releasee or otherwise.
- Release applies to all parties associated with EJJC: This release applies to all parties including Elma Jiu Jitsu, Ehren David, Sheila David individually and his marital community, any designated instructors, guest instructors, the owners and officers of these organizations, the instructors, and the owners of the property location.
- Release construed broadly: Each of the undersigned further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall notwithstanding continue in full legal force and effect. This release also applies to any dependents, parents, heirs, guardians, family, or any other party having the right to pursue any and all claims on the participant’s behalf.
- Minor participation requirements: In consideration of being permitted to participate in any way with EJJC and/or being permitted to enter for any purpose any restricted area (herein defined as any area where admittance to the general public is prohibited), the parent(s) and/or legal guardian(s) of the minor participant named below agree: Prior to participating in the below martial arts activity or event, the Participant, parent(s) and/or legal guardian(s) will inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant will immediately advise the officials of such condition and refuse to participate.
- Parent must defend, indemnify, and hold harmless EJJC for minor: On behalf of the participant and individually, the undersigned parent(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite the release, the participant makes a claim against any of the Releasees, the parents(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on his behalf, and hold them harmless.
- Release applies to family, heirs etc: This release applies to any claim the participant or any parent, guardian, family member, dependant, heir or any other party having the right to make a claim on behalf against EJJC, guest instructors and organizations, the owners of these organizations, the instructors, and any owners of the property location.
- Only sanctioned use of skills: The participant understands that the skills taught at EJJC are to be used solely in accord with the law, that the participant has been explicitly instructed to not use the skills taught at EJJC outside of class with the exception of sanctioned tournaments or MMA events. I am solely responsible for my actions using the skills taught by EJJC, and agree to defend and indemnify EJJC for any of my actions that result in claims against EJJC.
- Model release: I agree that EJJC may use my image, photo, likeness for any purpose, including but not limited to: EJJC website, promotions, instructional videos, and school advertisements.
14.Release of personal property loss: Participant is responsible for their owner personal property and agree to release and hold harmless EJJC for any losses of personal property.
- EJJC Right to prohibit practice or participation: EJJC reserved the right to prohibit participation for any reason without providing a refund.
- Validity of release: If any portion of this agreement shall be held invalid, illegal or unenforceable to any extent and for any reason by any Court of competent jurisdiction, the remainder of this agreement shall not be affected thereby and shall be enforceable to the full extent permitted by law.
- Participant medical coverage: By signing below, participant acknowledges that they carry personal medical insurance and/or participant understands that he/she is solely responsible for his or her own medical bills and any injury regardless of the cause.
CORONAVIRUS/COVID-19 RISK ACKNOWLEDGMENT
IN CONSIDERATION of being permitted to participate in any way in the activities offered by EJJC, I, for myself and for my personal representatives, assigns, heirs, and next of kin, agree as follows:
I ACKNOWLEDGE, agree, and represent that I understand that this Agreement amends, supplements and expands the Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement that I previously signed in favor of EJJC. It does not supersede or invalidate that previous agreement.
I ACKNOWLEDGE, agree, and represent that I understand that the World Health Organization has declared that there is a global pandemic of the novel coronavirus which can cause the disease known as Covid-19 (“COVID-19”). COVID-19 is an extremely contagious disease that is not fully understood by the world health community, but may cause severe upper respiratory distress, fever and even death. It can be spread through person-to-person contact, including potentially through exchange of bodily fluids such as saliva droplets ejected from a cough, aerosol droplets in exhaled breath, or contact with infected surfaces. COVID-19 does not always show symptoms in persons who are carrying the virus and infected persons appear to be able to transmit the disease without ever showing signs that they have it. In other cases, infected persons can carry and transmit the disease for up to 14 days before exhibiting symptoms. As a result, federal, state, and local governments and agencies have recommended and/or imposed social distancing guidelines and regulations to minimize the risk of transmission. These guidelines and regulations may recommend limiting the number of persons at a gathering, wearing of facial and other protective gear and maintaining distances of six feet or more between persons.
I ACKNOWLEDGE, agree, and represent that I understand EJJC has put reasonable preventative measures in place to reduce the spread of COVID-19, but that the nature of the disease itself will limit the effectiveness of these measures and the only truly effective measure I can take to prevent contracting the disease is to socially isolate and not participate in the BJJ activities. I understand that the risk of becoming exposed to or infected by COVID-19 at EJJC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, EJJC owners, employees, volunteers, and program participants and their families. EJJC strongly discourages participants who are at high risk or have household members who are high risk for severe illness from attending practice and participating in EJJC activities.
I AGREE that:(a) I will only participate in the EJJC activities if I am feeling in good health and I am not exhibiting any symptoms of illness of any kind; and that I will abide by the EJJC Code of Conduct including but not limited to (b) I will submit to a body temperature check each time I enter EJJC before being allowed to participate in any of EJJC activities; (c) I will abide by any and all preventative directions given to me by any of the instructors at EJJC; and (d) I will promptly exit the EJJC premises if one of the proprietors or instructors of EJJC, in his/her sole discretion, determines that I am exhibiting potential symptoms of an illness of any kind or acting in an unsafe manner and requests that I leave.
I ACKNOWLEDGE, agree, and represent that I understand the nature of EJJC activities that I will participate in at EJJC will require me to be in extremely close proximity to and in physical contact with other participants. If a co-participant is infected with COVID-19, even if asymptomatic, while I am participating in the activities, there is a high likelihood that I may also become infected.
I FULLY UNDERSTAND THAT: (a) I am voluntarily exposing myself to dangers and risks by participating in the activities at EJJC which involve strenuous physical exertion and extensive physical contact with other people, equipment, and mats, that may cause me to contract an illness, including particularly COVID-19, which may result in SERIOUS ILLNESS AND BODILY INJURY, INCLUDING PERMANENT DISABILITY, CHRONIC ILLNESS AND DEATH (“RISKS”); (b) these RISKS and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the activities, the conditions in which the activities take place, or the NEGLIGENCE of the RELEASEES (defined below); and (c) there may be OTHER RISKS OF SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time. I FULLY AND VOLUNTARILY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ILLNESS, INJURY, LOSSES, COSTS AND DAMAGES I incur as a result of my participation, or that of the minor named below, in the activities.
I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE EJJC, their respective owners, instructors, shareholders, administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which the Activities takes place, (each considered one of the "RELEASEES" herein) FROM ALL INJURY (INCLUDING, BUT NOT LIMITED PERSONAL INJURY, DISABILITY AND DEATH), ILLNESS, LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY ATTENDING EJJC CONTRACTING ANY ILLNESS, INCLUDING COVID-19, OR CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I SPECIFICALLY UNDERSTAND AND AGREE that this release includes any claims based on the actions, omissions, or negligence of the RELEASEES, whether a COVID-19 infection occurs before, during, or after participation in any EJJC program. I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, I, or anyone on my behalf, makes a claim against any of the RELEASEES, 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 the result of such claim.
CODE OF CONDUCT
EJJC participant agrees to adhere to the following EJJC Code of Conduct:
- Students entering the academy must confirm they have had no symptoms of COVID-19 within the last 14 days:
Common symptoms include:
- Shortness of breath or difficulty breathing
- Repeated shaking with chills
- Muscle pain
- Sore throat
- Loss of taste or smell
- Students entering the academy must confirm they’ve had no known contact with anyone testing positive for COVID-19 within the past 14 days (this includes all healthcare workers).
- Students (as well as their spouses, children, or full time housemates) whose daily lives put them in a position where there’s a higher likelihood of coming into direct contact with a COVID-19 positive individual, agree to exercise caution and honesty in their assessment of whether or not they meet all of our entry prerequisites, procedures, and any policies we’re required to uphold in order to safely operate our business.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THIS STATEMENT IS TRUE AND CORRECT.