SAN MARCOS JIU JITSU LLC
LIABILITY WAIVER, ASSUMPTION OF RISK & MEDIA RELEASE
1104 Thorpe Ln. Suite P • San Marcos, TX 78666 • Roll@smjiujitsu.com
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Participant Name: {name}
Date of Birth: {dob}
Phone: {phone}
Emergency Contact: {contact_name} Relationship: {contact_relation} Phone: {contact_phone}
SECTION 1: DEFINITIONS
For purposes of this Waiver, the following definitions apply:
"Waiver" means this Liability Waiver, Assumption of Risk, and Media Release in its entirety.
"Gym" means San Marcos Jiu Jitsu LLC, a Texas limited liability company, including its owners, members, managers, officers, employees, instructors, coaches, agents, volunteers, independent contractors, affiliates, successors, and assigns.
"Participant" means the individual named above who is executing this Waiver, or if the Participant is a minor, the parent or legal guardian signing on behalf of said minor.
"Activities" means all martial arts training, instruction, classes, open mats (including public open mats), sparring sessions, competitions, seminars, and any other programs or activities offered by or through the Gym, whether on-site or off-site, including observation as a spectator.
"Facilities" means all premises, equipment, training areas, locker rooms, parking areas, and any other spaces owned, leased, operated, or controlled by the Gym.
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SECTION 2: ASSUMPTION OF RISK
2.1. Voluntary Participation. I acknowledge that my participation in Activities at the Gym is entirely voluntary. I am under no obligation to participate in any Activity and may decline or cease participation at any time without penalty.
2.2. Dangerous Activity. I understand and acknowledge that martial arts, including but not limited to Brazilian Jiu Jitsu, wrestling, kickboxing, and related combat sports, are inherently dangerous activities involving significant risks of serious physical injury, permanent disability, paralysis, and death. These risks exist regardless of the care and precautions taken by the Gym, its instructors, or other participants.
2.3. Specific Risks. I understand and voluntarily accept the following specific risks, which include but are not limited to:
(a) Injuries including but not limited to sprains, strains, dislocations, fractures, concussions, traumatic brain injuries, spinal cord injuries, joint injuries, muscle tears, lacerations, contusions, and internal injuries;
(b) Injuries from the use or misuse of training equipment, mats, and facilities, including equipment malfunction or failure;
(c) Risks from physical contact, including grappling, throws, submissions, and strikes (whether intentional or accidental), as well as close proximity to others, which may lead to transmission of communicable diseases including skin infections (ringworm, herpes simplex, impetigo, staph/MRSA), respiratory illnesses, and other viral or bacterial infections;
(d) Cardiovascular events including heart attack, stroke, or sudden cardiac arrest, particularly if I have known or unknown pre-existing medical conditions;
(e) Aggravation of pre-existing injuries or medical conditions, whether known or unknown at the time of participation;
(f) Injuries caused by the actions, omissions, or negligence of other participants, instructors, spectators, or third parties, including participants at public open mats who may not be affiliated with the Gym;
(g) Injuries from falls, collisions, or impacts with the floor, walls, other participants, or equipment; and
(h) Any other risks inherent in martial arts training that are known or unknown, foreseeable or unforeseeable.
2.4 Express Assumption of Risk. I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, associated with my participation in Activities at the Gym, including the risk of serious injury, permanent disability, or death. This assumption of risk extends to risks arising from the NEGLIGENCE of the Gym, its owners, employees, instructors, agents, or other participants.
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SECTION 3: RELEASE AND WAIVER OF LIABILITY
3.1 Release of Claims. In consideration of being permitted to participate in Activities at the Gym, I, for myself, my heirs, personal representatives, executors, administrators, successors, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE San Marcos Jiu Jitsu LLC, its owners, members, managers, officers, employees, instructors, coaches, agents, volunteers, independent contractors, affiliates, successors, and assigns (collectively, "Released Parties") from any and all known and unknown claims, demands, liabilities, damages, losses, costs, and expenses (including attorneys' fees) arising out of or related to any injury, disability, death, or loss or damage to person or property, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, except as prohibited by applicable law.
3.2. Scope of Release. This release specifically includes, but is not limited to, claims arising from:
(a) The negligence, acts, or omissions of the Released Parties;
(b) The condition of the Facilities, equipment, or premises;
(c) Instruction, supervision, or training provided by the Gym;
(d) The acts or omissions of other participants, members, or third parties, including members of the public at open mat events;
(e) First aid, emergency treatment, or other medical services provided or not provided; and
(f) Any other cause whatsoever, except for claims arising from the Gym's intentional misconduct or willful and wanton conduct.
3.3. Unknown Claims. I understand and agree that this release extends to claims that I do not know or suspect to exist at the time of signing, which if known, might have affected my decision to sign this Waiver.
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SECTION 4: INDEMNIFICATION
4.1 Indemnification Obligation. I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) brought by or on behalf of me, my family members, dependents, heirs, personal representatives, or any third party, arising out of or in any way connected with my participation in Activities at the Gym or my use of the Facilities.
4.2. Third-Party Claims. This indemnification obligation specifically includes claims brought by third parties for injuries or damages allegedly caused by my actions or omissions during my participation in Activities.
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SECTION 5: MEDICAL ACKNOWLEDGMENT AND AUTHORIZATION
5.1. Physical Condition. I represent and warrant that I am in good physical condition and have no medical conditions, injuries, or disabilities that would prevent my safe participation in Activities or increase the risk of injury to myself or others. I have consulted with a physician regarding my ability to participate, or I have voluntarily chosen not to do so and assume all risks associated with that decision.
5.2. Disclosure Obligation. I agree to immediately disclose to the Gym any changes in my physical condition, injuries, or medical conditions that may affect my ability to safely participate in Activities.
5.3. Emergency Medical Authorization. In the event of an injury or medical emergency, I authorize San Marcos Jiu Jitsu LLC and its personnel to secure emergency medical treatment for me (or the Participant if I am signing on behalf of a minor) if I cannot be reached or am incapacitated. I accept full financial responsibility for any medical expenses incurred.
5.4. Insurance. I understand that the Gym does not provide medical or health insurance coverage for participants. I am responsible for maintaining my own health insurance or assuming all costs associated with any injuries sustained during Activities.
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SECTION 6: COMMUNICABLE DISEASE ACKNOWLEDGMENT
6.1. Risk of Transmission. I acknowledge that martial arts training involves close physical contact and may expose participants to communicable diseases including but not limited to skin infections (ringworm, staph, MRSA, herpes simplex, impetigo), viral infections, respiratory illnesses, and other contagious conditions.
6.2. Notification Obligation. I agree to immediately notify the Gym if I develop any contagious condition, skin infection, or communicable disease. I will not train or enter the Facilities until cleared by a licensed medical professional and will provide documentation of such clearance to the Gym upon request.
6.3. Gym's Right to Exclude. The Gym may, in its sole discretion, deny access to the Facilities or Activities if I exhibit symptoms of illness, have visible skin conditions, or otherwise pose a health risk to other participants.
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SECTION 7: RULES, CODE OF CONDUCT, AND HYGIENE
7.1. Gym Rules. I agree to abide by all rules, policies, and procedures established by the Gym, as posted or communicated from time to time. Failure to comply may result in suspension or termination of membership without refund.
7.2. Code of Conduct. I agree to:
(a) Treat all participants, instructors, staff, and visitors with respect and courtesy;
(b) Refrain from aggressive, dangerous, or unsportsmanlike behavior;
(c) Follow the instructions of coaches and instructors at all times;
(d) Tap out or verbally submit when caught in a submission to prevent injury;
(e) Immediately stop when a training partner taps or verbally submits;
(f) Refrain from using excessive force, especially with less experienced training partners;
(g) Report any unsafe conditions, injuries, or concerning behavior to staff immediately; and
(h) Refrain from training while under the influence of alcohol, drugs, or any substance that may impair judgment or physical ability.
7.3. Hygiene and Equipment. I agree to maintain clean training attire for every session, keep fingernails and toenails trimmed, remove all jewelry before training, and not train in dirty, soiled, or damaged equipment. The Gym reserves the right to deny training to anyone whose attire or hygiene poses a health risk to others.
7.4. Personal Property. The Gym is not responsible for any personal property that is lost, stolen, or damaged on the premises. I agree to hold the Released Parties harmless from any claims related to loss or damage of personal property.
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SECTION 8: PUBLIC OPEN MATS
8.1. Additional Risks. I understand that the Gym may occasionally host open mats to the general public. I acknowledge that participation in these events involves additional risks due to the presence of participants who may not be regular members of the Gym. I agree to assume all such risks and hold the Gym and its Released Parties harmless for any incidents that may occur during these events.
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SECTION 9: MEDIA RELEASE AND PUBLICITY RIGHTS
9.1. Grant of Rights. I grant to San Marcos Jiu Jitsu LLC and its authorized representatives the irrevocable, perpetual, worldwide, royalty-free right and license to photograph, film, record, and otherwise capture my image, likeness, voice, and performance during my participation in Activities (collectively, "Media").
9.2. Permitted Uses. I authorize the Gym to use the Media for any lawful purpose, including advertising, marketing, social media, websites, instructional materials, and promotional content.
9.3. No Compensation. I acknowledge that I will not receive any compensation or royalties for the use of Media, and I waive any right to inspect or approve the finished product or the manner in which the Media is used.
9.4. Opt-Out. If I do not wish to have my image or likeness used for promotional purposes, I must notify the Gym in writing prior to participating.
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SECTION 10: MINORS
10.1. Parental/Guardian Consent. If the Participant is under the age of eighteen (18), a parent or legal guardian must sign this Waiver on behalf of the minor. By signing, the parent or legal guardian represents that they have the legal authority to bind the minor to this Waiver and agrees to all terms and conditions herein on behalf of the minor.
10.2. Parental Indemnification. The parent or legal guardian agrees to indemnify and hold harmless the Released Parties from any claims brought by or on behalf of the minor arising out of the minor's participation in Activities.
SECTION 11: DISPUTE RESOLUTION
11.1. Mediation. Any dispute arising out of or relating to this Waiver shall first be submitted to non-binding mediation in Hays County, Texas. The parties shall mutually agree on a mediator and share the costs equally.
11.2. Arbitration. If mediation is unsuccessful within sixty (60) days, any remaining disputes shall be resolved by binding arbitration in Hays County, Texas, administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitrator's decision shall be final and binding.
11.3 Waiver of Jury Trial. BY SIGNING THIS WAIVER, I KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY in any action arising out of or relating to this Waiver.
11.4. Class Action Waiver. I agree that any claims must be brought in my individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
11.5. Attorneys' Fees. In any legal proceeding arising out of this Waiver, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.
SECTION 12: GENERAL PROVISIONS
12.1. Governing Law. This Waiver shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.
12.2. Severability. If any provision of this Waiver is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
12.3. Entire Agreement. This Waiver constitutes the entire agreement between the parties concerning the subject matter hereof and may not be amended except in writing signed by both parties.
12.4. Electronic Signatures. This Waiver may be executed electronically. Electronic signatures shall have the same legal effect as original ink signatures pursuant to the Texas Uniform Electronic Transactions Act (Texas Business and Commerce Code, Chapter 322).
12.5. Duration. This Waiver shall remain in full force and effect and shall apply to all visits to any Gym facility, whether at its current or any future location, unless revoked in writing by the Participant. It covers all Activities currently offered and any Activities that may be offered in the future.
12.6. Survival. The provisions of Sections 2, 3, 4, 9, and 11 shall survive termination or expiration of this Waiver.
ACKNOWLEDGMENT: I HAVE CAREFULLY READ THIS WAIVER IN ITS ENTIRETY. I UNDERSTAND THAT BY SIGNING THIS WAIVER, I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR DAMAGES IN THE EVENT OF INJURY, DISABILITY, OR DEATH. I AM SIGNING THIS WAIVER VOLUNTARILY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Initials:
Participant / Parent / Legal Guardian:
Full Name: {name}
Date Signed: {sign_date}
If signing on behalf of a minor:
Minor's Name:
Guardian's Relationship to Minor:
San Marcos Jiu Jitsu LLC • 1104 Thorpe Ln. Suite P, San Marcos, TX 78666 • Roll@smjiujitsu.com
San Marcos Jiu Jitsu
