RELEASE AND INDEMNITY
Easton Brazilian JiuJitsu and Easton Training Center
I understand, acknowledge and agree that:
1. JiuJitsu, Thai boxing, mixed martial arts and other forms of martial arts and fitness training are strenuous activities involving physical contact and may also involve the practice of techniques designed to subdue and control an opponent.
2. I understand that it is advisable that I have a medical examination by a qualified physician before participating in martial arts or any other physical activity. I represent and warrant that I am fit to participate in strenuous physical activities such as martial arts and have no physical disabilities affecting or limiting my ability to do so.
3. No representations or warranties upon which I have relied have been made to me by any agent, owner, instructor or representative of or anyone associated with Easton SDI, LLC, Easton SDI2, LLC, Easton SDI3, LLC, Easton BJJ, Arvada, Kline1, LLC, Easton Stolzman, LLC EastonSDI Management, Inc., HIGH ALTITUDE MARTIAL ARTS INC., Easton Brazilian JiuJitsu or Easton Training Center (including all parties doing business under the trade name or trademark “Easton Brazilian JiuJitsu” or “Easton Training Center”) or Amal Easton or any of their respective affiliates, agents, successors or assigns (collectively, the “Company”) regarding the safety of the practice of martial arts or any other related physical activity.
4. I recognize, accept and assume all risk of injury associated with practicing, participating in, traveling to or returning from any practice, class, seminar, lesson, competition or athletic event held by, associated with, or sponsored by the Company. Without limiting the foregoing, I ASSUME ALL RISKS KNOWN OR UNKNOWN ASSOCIATED WITH PRACTICING MARTIAL ARTS AND OTHER PHYSICAL ACTIVITY.
5. On behalf of myself, my successors, assigns, heirs, personal representatives and all persons claiming by, through or under me, I hereby fully and forever release, waive, relinquish and discharge the Company and its instructors, subsidiaries, affiliates and all past and present employees, officers, directors, shareholders, managers, members, agents, nominees, attorneys, successors and assigns (collectively, the “Company Parties”) from any and all claims, losses, liabilities or demands of any nature whatsoever in law or in equity, for injury or death to me regardless of whether arising during or after my membership or participation in the activities of the Company when directly or indirectly arising out of or resulting from any instruction, training, practice, class, seminar, lesson, competition or event of the Company, including, without limitation, traveling to, participating in or returning from any such event.
6. I shall hold harmless, defend and indemnify the Company Parties from and against any and all claims, losses, liabilities or demands (including, without limitation, attorney’s fees) regardless of whether arising during or after my membership or participation in activities of the Company, when directly or indirectly arising out of or resulting from my acts or omissions in connection with the practice, instruction or use of or participation in the martial arts or the activities of the Company.
7. I hereby grant to the "Company and its assigns the irrevocable right and permission, to use, reuse, publish and republish, and otherwise reproduce, modify and display my name and/or the likeness(es) of me, with or without other persons, that are included in any photograph(s), video(s), artistic rendering(s) or other representations that the Company will make, has made, has had made or has otherwise obtained, to copyright the same, in its own name or otherwise, in whole or in part, individually or in conjunction with likenesses of other persons, and in conjunction with any copyrighted or copyrightable matter, in any and all print, electronic, digital and other media now or hereafter known, for use, distribution, advertisement, publication, promotion, merchandising, and commercial exploitation in any medium, whether now known or hereafter created; and to use my name in connection therewith if the Company so chooses.
8. I understand and agree that my participation in any classes, lessons, practice, training, competitions or events held or sponsored by the Company is expressly conditioned upon my agreement to the foregoing terms and conditions. I understand and agree that this Release and Indemnity, among other things, releases the Company from responsibility for my injuries or death and makes me responsible for injuries to or death of others caused by me.
Easton Training Centers COVID-19 Waiver Addendum
1. I represent that I am in good health and have had no known exposure to COVID-19 and no symptoms of COVID-19 for 14 days prior to attending Easton Training Center. Symptoms include: cough, shortness of breath, fever, chills, sore throat, nasal congestion, headache, and loss of taste or smell. I acknowledge that if I believe I have had any exposure to COVID-19, I will immediately cease attendance at the
facility until I can again warrant that I have had no known exposure for the 14 day period. I will alert Easton Training Center immediately if I have been on the premises since my exposure.
2. Easton Training Center is making its best efforts to reduce the risk of transmission of COVID-19. But the safety of the community is in the hands of every one of us. I expressly agree and promise to abide by the safety precautions outlined in this agreement.
3. I am aware that training during and after the COVID-19 pandemic involves certain inherent risks, dangers and hazards, which can result in serious infection, personal injury or death. I further acknowledge, understand, appreciate, and agree that my participation may result in possible exposure to and illness from COVID-19. While protocols and personal discipline may reduce this risk, it is not possible to fully
mitigate the risk of serious injury, illness, and even death.
4. As a participant in training, I certify that I will protect the Easton community by limiting my training exclusively to the partners in my assigned training group until notified otherwise by Easton. I understand that failure to do so will lead to my whole group losing our spot on the schedule.
5. I agree to submit to health screening procedures before entering the facility. I understand that screening will take place each time I arrive at Easton Training Center until further notice.
6. I hereby freely agree, to assume and accept all known and unknown risks of exposure to COVID-19, even arising from the negligence of the releasees or others, and assume full responsibility for my participation. I further recognize and acknowledge that the risks inherent in training can be greatly reduced by: Limiting contact with people outside my household and training group. Washing my hands thoroughly before and after training sessions. Following all posted safety guidelines within the academy.
7. I hereby waive, release, and discharge all claims that I have or may have in the future, and covenant not to sue your business, its administrators, directors, agents, officers, volunteers, employees, contractors, other participants, any sponsors, advertisers, owners, and landlords of the premises on which the activity takes place (each considered one of the "releasees" herein) from all liability, claims, demands, losses, damages, on my account caused or alleged to be caused in whole or in part by the negligence of the releasees or otherwise, including negligent rescue operations. *
8. I further agree that if, despite this release, waiver of liability, and assumption of risk, I or anyone on my behalf makes a claim against any of the releasees, I will indemnify, defend, and hold harmless each of the releasees from any loss, liability, damage, or cost, including attorneys' fees, which any of the aforementioned may incur as a result of such a claim.
9. I accept for use as-is the equipment to be used in activities governed by this agreement.
I have read this Agreement and I fully understand its terms. I understand that I am
giving up substantial rights, including my right to sue the facility and its staff for
injuries resulting from the inherent risks of training during and after the COVID-19
pandemic, and the ordinary negligence of the facility and staff. I further
acknowledge that I am signing this agreement freely and voluntarily, without
inducement or assurance of any nature, and intend my signature to be a complete
and unconditional release of all liability to the greatest extent allowed by the laws
of the state of Colorado.
Acknowledged
I hereby covenant and promise that I am the parent and/or legal guardian of any
and all minors listed on this waiver (henceforth referred to as Minor), and on behalf
of myself and the minor, understand the nature of the above referenced activities
and the minor's health, experience, and capabilities and believe the minor to be
able to participate in such activity safely. I understand the risk of exposure to injury
and/or infectious diseases including COVID-19, for myself and my child, as a
participant, spectator, classes, and/or presence at the facility. I hereby waive,
release, discharge, and covenant not to sue, and agree to defend, indemnify, and
hold harmless each of the releasees from all liability, claims, demands, losses or
damages on the minor's or my account which were caused or alleged to be caused
in whole or in part by the negligence of the releasees or otherwise, including but
not limited to injury, negligent rescue operations, and/or exposure to infectious
diseases and I further agree that if, despite this release, I, the minor, or anyone else
on the minor's behalf makes a claim against any of the above releasees, I will
defend, indemnify, and hole harmless each of the releasees from any litigation
expenses, attorneys' fees, loss liability, damage, or cost which any releasee may
incur as the result of any such claim.
Acknowledged
In consideration of Minor being permitted by the facility to participate in its
activities and to use its equipment and facilities, I further agree to indemnify and
hold harmless the facility from any and all claims which are brought by, or on behalf
of Minor, and which are in any way connected with such use or participation by
Minor.
Acknowledged
In consideration of Minor being permitted by the facility to participate in its
activities and to use its equipment and facilities, I further agree to indemnify and
hold harmless the facility from any and all claims which are brought by, or on behalf
of Minor, and which are in any way connected with such use or participation by
Minor.
Acknowledged
This Agreement, and all claims or causes of action (whether in contract, tort or
statute) that may be based upon, arise out of, or relate to this Agreement, or the
negotiation, execution or performance of this Agreement (including any claim or
cause of action based upon, arising out of or related to any representation or
warranty made in or in connection with this Agreement or as an inducement to
enter into this Agreement), shall be governed by, and enforced in accordance with,
the internal laws of the State of Colorado, including its statutes of limitations and
without regard to its choice of law principles. The undersigned herein irrevocably
consents to the jurisdiction of the courts in Colorado, which shall be the sole forum
for the resolution of any disputes that arise out of or relate to the parties'
relationship.
Acknowledged
The parties intend this statement of their agreement to constitute the complete,
exclusive, and fully integrated statement of their agreement. As such, it is the sole
expression of their agreement, and they are not bound by any other agreements of
whatsoever kind or nature.
Acknowledged
This Agreement may not be changed orally, and no modification, amendment or
waiver of any provision contained in this Agreement, or any future representation,
promise or condition in connection with the subject matter of this Agreement shall
be binding upon any party hereto unless made in writing and signed by both
parties.
Acknowledged
I agree that if any portion of this Agreement is held to be invalid, that portion shall
be severable, and the remaining agreement shall continue to have full force and
effect.
Acknowledged
In the event of my death or incapacity, this Agreement shall be effective and
binding upon my heirs, estate, next of kin, executors, administrators, assigns and
representatives.
Acknowledged
By intialing below your are signing this screening document electronically and agree to all clauses outlined above. You agree your electronic signature is the legal equivalent of your manual signature. By signing below you certify that all the information you have given is true and correct to the best of your knowledge. If any of this information changes while you are enrolled as a member at Easton Training Center, you agree to notify Easton Training Center immediately.
By:
Name:
Date:
Phone Number:
Email:
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