Stronghold Jiu Jitsu

AGREEMENT, WAIVER, and RELEASE To be signed by the participant. If the participant is under 18, then the agreement is also to be read and signed by the participant’s parent or guardian with and on behalf of the participant. Herein, COMPANY refers to Seth Murray and Tyra Murray, as well as Stronghold Jiu Jitsu and Via Potentia, and associated directors, officers, owners, managers, employees, coaches, instructors, volunteers, and similar. RELEASEES refers to COMPANY along with their estates, assigns, and heirs. PARTICIPANT refers to the participant in the activities offered by COMPANY. In consideration for participation in activities and services offered by COMPANY, PARTICIPANT understands and agrees to the following: 1. COMPANY provides training and education in various topics including physical fitness, practical self defense, and martial arts. COMPANY has carefully researched the techniques and principles taught and practiced, and believes them to be generally safe and effective. Further, COMPANY takes reasonable steps to promote the safety of all participants. 2. PARTICIPANT understands the practice of martial arts involves close proximity and physical contact with many people, strenuous exertion and dynamic movement. These involve various risks, even when safety practices are followed. The known risks include infection, illness, injury, disability, civil or criminal prosecution, death, as well as social or economic loss or other damages. There may be other risks that are not known or foreseen. 3. PARTICIPANT will inspect the facilities and equipment. Any concern regarding safety will be immediately brought to COMPANY’s attention and PARTICIPANT will refuse to participate until the safety issue is addressed. 4. PARTICIPANT agrees that COMPANY may provide First Aid or similar emergency help as deemed necessary by COMPANY. PARTICIPANT understands that additional injuries may be experienced through the application of emergency First Aid and similar. 5. PARTICIPANT is in good psychological and physical condition such that participation does not pose a known risk to the PARTICIPANT or to others. 6. PARTICIPANT will voluntarily exclude himself (or herself) from training when ill or injured. 7. PARTICIPANT will always train in such a way so as to ensure the wellbeing of COMPANY and all participants. PARTICIPANT will apply only techniques known to him and training partners, and in a way that is gradual and controlled. PARTICIPANT will safely and immediately release any hold upon a “tap” or similar indication, or when continued application seems likely to cause an injury. Further, PARTICIPANT will “tap” or provide other clear indications as needed to avoid injury. 8. PARTICIPANT will refuse to apply any technique or principle in a way that he believes may cause harm to himself or another. 9. PARTICIPANT voluntarily assumes all liability and risk—known and unknown—associated with the participation in any event or activity offered by COMPANY. Further, PARTICIPANT accepts all risk and responsibility associated with PARTICIPANT’s application of any techniques taught by COMPANY. 10. PARTICIPANT releases, indemnifies, holds harmless, and discharges RELEASEES from all liability, whether arising from action or inaction, accident or negligence, in any way related to COMPANY activities, training, or the application thereof. 11. PARTICIPANT waives any right to sue the RELEASEES for any injury, loss, or other damages arising from participation. 12. PARTICIPANT agrees and covenants not to institute or prosecute, or allow to be instituted or prosecuted, or in any way to aid in the institution or prosecution of, any lawsuit or claim against RELEASEES. 13. PARTICIPANT understands and agrees that participation is voluntary and at will, and may be terminated at any time by PARTICIPANT or COMPANY with no obligation beyond the return of any prepaid tuition (to be completed within 30 days of request by PARTICIPANT). 14. PARTICIPANT agrees to be liable for any and all reasonable legal or other costs experienced by COMPANY resulting from PARTICIPANT’s violation of this agreement. 15. PARTICIPANT gives permission to COMPANY to use any photos, pictures, media, likeness of PARTICIPANT for advertisements, instructional videos in any medium or matter, online training programs, or marketing materials to promote martial arts sports, martial arts or fitness. Such use will be free of charge, with no promise, representation, or expectation of prior review or compensation. 16. PARTICIPANT agrees that any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or invalidity thereof, shall be settled exclusively by arbitration administered by Mediation and Civil Arbitration, Inc. d/b/a RapidRuling (www.rapidruling.com) in accordance with its Commercial Arbitration Rules effective at the time a claim is made, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration fees to be paid by the non-prevailing party. 17. PARTICIPANT holds that this release, waiver, and indemnity agreement is to be as broad and inclusive as permitted by the laws of the State of Oregon, and if any portion thereof is held invalid, that the balance shall continue in full legal force and effect. 18. PARTICIPANT understand that he (or she) is giving up significant rights by entering into this agreement, and does so knowingly, voluntarily, and deliberately. PARTICIPANT has carefully read the foregoing, understands the contents thereof, and signs it freely. Further, no oral representations, statements, or inducements apart from the foregoing written agreement have been made. The foregoing is agreed to by and on behalf of PARTICIPANT, is intended to extend indefinitely (“forever”) and to PARTICIPANT’s heirs, administrators, assigns, spouse(s), estate, and other legal representative(s). Read, understood, and agreed to by PARTICIPANT on _______________________________. PARTICIPANT name (printed): age PARTICIPANT signature: Email . telephone: . If PARTICIPANT is under 18, then this agreement is also read, understood, and agreed to with and on behalf of the PARTICIPANT by the following parent/guardian on _________________________. PARENT/GUARDIAN name (printed): PARENT/GUARDIAN signature: Relationship to PARTICIPANT: