RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISK READ CAREFULLY — THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS
Ann Arbor BJJ | 525 Suite B East Liberty Street, Ann Arbor, MI 48104
This Release of Liability ("Agreement") is entered into between Ann Arbor BJJ ("the Gym") and the undersigned participant or, in the case of a minor, the participant's parent or legal guardian ("Participant").
- ASSUMPTION OF RISK AND ACKNOWLEDGMENT OF INHERENT DANGERS
Participant understands and acknowledges that Brazilian Jiu-Jitsu ("BJJ") and all related activities — including drilling, live sparring (rolling), takedowns, throws, clinching, chokes, joint locks, and conditioning — are inherently dangerous activities that carry significant risk of physical injury, including but not limited to:
- Sprains, strains, tears, and other soft-tissue injuries to muscles, tendons, and ligaments
- Joint injuries, including to the neck, shoulders, elbows, wrists, hips, knees, and ankles
- Fractures and dislocations
- Head and neck injuries, including concussion or traumatic brain injury
- Loss of consciousness or impaired breathing resulting from choke or strangulation techniques
- Skin abrasions, cuts, and mat burns
- Exposure to communicable diseases, bacterial or viral infections (including MRSA, ringworm, and similar conditions common to contact sports)
- Catastrophic injury or death
Participant voluntarily assumes full responsibility for all such risks, whether arising from the actions of Participant, other participants, instructors, or any other cause.
- HEALTH AND FITNESS SELF-CERTIFICATION
Participant represents and warrants that they (or their minor child) are in adequate physical condition to participate in BJJ training and are not aware of any medical condition, illness, injury, or physical limitation that would make participation inadvisable. Participant agrees to consult a physician before beginning training if there is any doubt as to their physical fitness, and to immediately notify Ann Arbor BJJ of any change in health status that may affect safe participation.
- RELEASE OF LIABILITY AND WAIVER OF CLAIMS
In consideration of being permitted to participate in BJJ training and use the facilities of Ann Arbor BJJ, Participant, on behalf of themselves and (if applicable) their minor child, heirs, assigns, and personal representatives, hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Ann Arbor BJJ, its owners, members, officers, directors, employees, contractors, instructors, agents, and successors (collectively, "Released Parties") from any and all liability, claims, demands, causes of action, or damages of any kind arising out of or in connection with participation in BJJ training or use of the Gym's facilities, including claims arising from the negligence of the Released Parties, to the fullest extent permitted by Michigan law.
- AGREEMENT TO FOLLOW RULES AND INSTRUCTIONS
Participant agrees to observe and comply with all posted rules, policies, and warnings, and to follow all oral or written instructions given by Ann Arbor BJJ's instructors and staff. Participant understands that failure to comply may result in immediate removal from the facility without refund.
- INDEMNIFICATION
Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, causes of action, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to Participant's participation in activities at Ann Arbor BJJ, or the participation of Participant's minor child, including claims caused in whole or in part by Participant's own conduct.
- PHOTO, VIDEO, AND MEDIA RELEASE
Participant grants Ann Arbor BJJ a perpetual, royalty-free license to photograph, video record, and use Participant's (or their minor child's) name, image, and likeness for promotional, educational, or social media purposes without compensation. Participant may opt out by providing written notice to Ann Arbor BJJ prior to participation.
- PARENTAL/GUARDIAN CONSENT FOR MINOR PARTICIPANTS
If Participant is under 18 years of age, the undersigned parent or legal guardian represents that they have full legal authority to execute this Agreement on behalf of the minor, and agrees that all terms of this Agreement apply with equal force to the minor participant.
Emergency Medical Authorization: In the event of an injury or medical emergency involving the minor during activities at Ann Arbor BJJ, I authorize Ann Arbor BJJ and its representatives to seek and consent to emergency medical treatment, including transportation to a medical facility, on the minor's behalf. I accept financial responsibility for all medical expenses incurred. This authorization is effective from the date of signing until terminated in writing.
- DISPUTE RESOLUTION AND GOVERNING LAW
This Agreement shall be governed by the laws of the State of Michigan. Any dispute arising from this Agreement shall first be addressed through good-faith negotiation. If not resolved within thirty (30) days, the dispute shall be submitted to binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, with proceedings conducted in Washtenaw County, Michigan. Each party shall bear their own arbitration costs unless the arbitrator determines otherwise. Participant waives the right to participate in any class action lawsuit or class-wide arbitration relating to any claim covered by this Agreement.
- GENERAL PROVISIONS
Severability: If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Arms' Length Agreement: This Agreement is the product of arms'-length negotiation. No rule of construction shall be applied against either party as the drafter of any particular provision.
No Duress: Participant acknowledges that they have not been pressured or coerced into signing this Agreement, have had a reasonable opportunity to review it, and may seek independent legal counsel before signing. Ann Arbor BJJ will refund any prepaid fees if Participant chooses not to sign.
Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings.
I HAVE READ THIS ENTIRE AGREEMENT, I UNDERSTAND ITS TERMS, AND I AGREE TO BE BOUND BY IT. BY SIGNING BELOW, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.