No Belt Required, LLC – “NO BELT REQUIRED” Program/Training Waiver of Liability and Hold Harmless Agreement (“Agreement”)
In consideration for participation in the NO BELT REQUIRED (“NBR”) program/training (the “Activity”) provided by the No Belt Required, LLC. (“NBR”), and other valuable consideration, I hereby agree as follows:
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I acknowledge and understand that the Activity (the NBR program/training):
Involves direct physical participation in a range of partner-based, hands-on, and contact-heavy training in martial arts, self-defense tactics, and de-escalation tactics, with the goal of improving my physical and mental skills in these areas;
Incorporates exercises and practices from Judo, Jiu-Jitsu, Wrestling, and Boxing;
Is by its very nature very physically (and mentally) challenging;
Includes live/actual participation in: grappling, striking and throwing persons; falling; and similar risks; and
Involves hitting and being hit by, throwing and being thrown by, and grappling with, other students and instructors whose physical capabilities, skills and/or experience may greatly differ from my own.
I represent, warrant and covenant that: I have been advised to consult with a physician before engaging in the Activity; I have obtained (or had the opportunity to obtain) any such medical advice necessary; I can fully and with medical safety can participate in the Activity; and my physician has not advised against participating in the Activity.
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I agree and acknowledge that:
a. The Activity (including observation of the Activity) is inherently dangerous and may cause serious injury and even death;
b. Participation in the Activity carries with it certain risks, some of which cannot be eliminated regardless of the care taken to avoid injuries;
c. I am fully aware of the common risks and hazards connected with the Activity, including (but not limited to) the following:
Slipping, tripping, falling, scrapes, bruises, cuts, abrasions, scratches, sprains, strains, tears, and joint, muscle, and bone injuries (including breaks and fractures), contact dermatitis, M.R.S.A., and other contact-related skin conditions;
Physical contact with persons and objects, moving or stationary, natural or manmade;
Encountering imperfect, changing, varied or defective courses, property, equipment, weather conditions and circumstances;
Contracting COVID-19 or other communicable diseases
Concussions and other head injuries;
Heat-related injuries (including heat stroke and heat exhaustion);
Injuries from dehydration and over hydration (such as hyponatremia);
Heart attacks and strokes;
The unavailability or lack of proximity of emergency medical care;
The improper acts or conduct of other persons;
Risks and dangers that may exist from the act or omission of the Releasees (as that term is defined below);
Participating in the Activity with persons of mixed and varying levels of physical capabilities, skill and experience;
Injuries that may occur, be compounded, or be increased by improper rescue operations, procedures, or otherwise; and
Other conditions and injuries of every type and kind (regardless of cause) that could cause serious physical or mental injury, including paralysis or coma, or that could be fatal.
With full knowledge of the foregoing I hereby voluntarily elect to participate in the Activity, enter the premises of NBR’s martial arts studio partners, engage in the Activity, and use the skills and methods taught in (or otherwise derived from) the Activity, knowing that doing so may be hazardous to me, my property, and other persons/property. I VOLUNTARILY ASSUME THE RISK OF ANY LOSS, DAMAGE OR INJURY (INCLUDING DEATH) to me, to any property belonging or entrusted to me, and to any other person or property, arising from or related to the Activity, including but not limited to: observing or participating in the Activity; using or attempting to use any skills or methods taught in, or otherwise derived from, the Activity; being in, on, upon, or in transit to/from, the premises where the Activity is being conducted; any act or omission (whether negligent, reckless, or otherwise) of any of the Releasees; and the securing, obtaining, and/or providing emergency and medical services.
I hereby permanently and irrevocably RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE NBR (including its officers, directors, members, servants, agents, contractors, instructors, volunteers, and employees) and its martial arts studio partners where the Activity occurs (all of the foregoing are hereinafter collectively referred to as the “Releasees”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury (including death), that may be sustained by me, to any property belonging or entrusted to me, or to any other person or property, arising from or related to the Activity, including but not limited to claims arising from: observing or participating in the Activity; using or attempting to use any skills or methods taught in, or otherwise derived from, the Activity; being in, on, upon, or in transit to/from, the premises where the Activity is being conducted; any act or omission (whether negligent, reckless, or otherwise) of any of the Releasees; and securing, obtaining, and/ or providing emergency and medical services.
I agree, represent, warrant, and covenant that: if at any time I feel uncomfortable about the Activity, or that it involves undue risk, I will immediately cease participating in the Activity and will immediately notify NBR thereof; and I will immediately notify NBR of any accidents or injuries occurring during my participation in the Activity even if such accidents or injuries do not appear to me to have caused harm to me, my property, or any other person/property.
In the event of any emergency, I authorize NBR to contact emergency services and attempt to secure from any hospital, physician, and/or medical personnel any treatment deemed reasonably necessary for my immediate care, and agree that I will be responsible for payment of any and all emergency and medical services rendered, provided however, the Releasees are not responsible to, or required to, provide medical care or attention.
I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS the Releasees from any and all liabilities, claims, demands, actions, causes of action, losses, damages, injuries, and costs (including court costs and attorney’s fees) that may arise from: (a) my participation in the Activity and/or use or attempted use of any skills or methods taught in (or otherwise derived from) the Activity, irrespective of any actual or alleged fault of any of the Releasees; and (b) the falsity or breach of any of my representations, warranties, covenants or agreements contained herein, irrespective of any actual or alleged fault of any of the Releasees.
I acknowledge that this Agreement is intended to be as broad and inclusive as is permitted by Arizona law and that if any portion hereof, including any clause, phrase, or word, is held invalid or in conflict with Arizona law, such clause, phrase, or word, will be fully severable, and the balance of this Agreement will nevertheless continue in full legal force and effect. This Agreement shall be construed in accordance with the laws of the State of Arizona. Any dispute arising hereunder, or otherwise relating to the Activity, shall be solely and exclusively litigated in Pima County Superior Court and shall be tried before a judge and without a jury.
IN SIGNING THIS AGREEMENT, I REPRESENT, WARRANT AND AGREE THAT: I have read this Agreement in its entirety; I understand it and sign it voluntarily as my own free act and deed; no oral, written or other representations, statements or inducements, apart from the foregoing written Agreement, have been made to me; I execute this Agreement as consideration for being permitted to participate in the Activity, and acknowledge that Releasees are acting in reliance on my execution of this Agreement in allowing me to participate in the Activity, and that Releasees would not allow me to observe or participate in the Activity without me first reading, understanding, entering into, and agreeing to be bound by this Agreement; that I fully intend to be bound to the terms and conditions of this Agreement, including the unconditional release of all liability and other rights as set forth above to the greatest extent allowed by law; and that I enter into this Agreement on behalf of behalf of myself, my spouse, my marital community, my children, my dependents, my heirs, my assigns, my estate, and my personal representative(s).
AGREED TO BY:
First Name:
Last Name:
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