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UNITED GRAPPLING CLUB LIABILITY RELEASE FORM

LIABILITY WAIVER – PLEASE READ CAREFULLY!

ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE

1.      Acknowledgements

BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE AND/OR CHILD(REN) TO SUE o/a UNITED GRAPPLING CLUB (hereinafter called “UNITED GRAPPLING CLUB”) FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF UNITED GRAPPLING CLUB, INCLUDING BUT NOT LIMITED TO ANY OF ITS OWNERS, AFFILIATES, AGENTS, EMPLOYEES, TRAINERS, AND EQUIPMENT SUPPLIERS.

BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE:

1)      I am healthy enough to participate in the United Grappling Club activities, including but not limited to Brazilian Jiu Jitsu, Grappling, Submission Grappling, Combat Grappling, No-Gi Jiu Jitsu, Submission Fighting, and Wrestling (hereinafter referred to as the “Activities”) and do not have symptoms of COVID-19, including feeling sick, coughing, sneezing, headaches, fever or shortness of breath;

2)      I am physically capable of participating in the Activities;

3)      I do not live with someone or have been in contact with someone who has been diagnosed with COVID-19 or I suspect has had symptoms of COVID-19;  

4)      I consent to having my temperature checked prior to engaging in the Activities;

5)      I have not consumed any alcohol, drugs or medication in the last 24 hours that would impair me in any way, and I am not currently under the influence of any such substances;

6)      I am responsible for lost or stolen belongings and have been advised and do understand that United Grappling Club assumes no responsibility or liability for any of my belongings;

7)      I am not pregnant;

8)      I do not suffer from any physical health conditions including but not limited to seizures; and

9)     

The above acknowledgments will remain true as of the time of each session/lesson/activity that I participate in at United Grappling Club. I agree that if any of the above acknowledgments change or are not true  I will immediately advise United Grappling Club

In consideration of being allowed to participate in the Activities and any related events and activities, I acknowledge, appreciate, and agree that:

(1)    participation includes potential exposure to and sickness from diseases including but not limited to influenza and COVID-19, resulting in the risk of serious illness and death;  

(2)    I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF United Grappling Club, its employees, heirs, executors, agents, officials, successors, assigns, administrators, officers, directors and partners or others, and assume full responsibility for my participation;  

(3)    I agree to comply with the stated and customary terms and conditions for participation with respect to protection against infectious diseases and if I observe or encounter anything unusual or a hazard during my participation, I will remove myself from participating and will bring the same to the attention of the nearest representative of United Grappling Club immediately;   

(4)    I, for myself and/or on behalf of my spouse, as well as on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS United Grappling Club, its employees, heirs, executors, agents, officials, successors, trainers, assigns, administrators, officers, directors and partners, other participants, sponsoring agencies, sponsors, advertisers, owners, parent companies, affiliated entities and lessors of the premises (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN FREELY AND VOLUNTARILY WITHOUT ANY COERCION, DURRESS, INDUCEMENT, OR INFLUENCE OF ANY KIND WHATSOEVER.

AND IN FURTHER EXCHANGE OF BEING ALLOWED TO PARTICIPATE IN THE ACTIVITIES AND ANY RELATED EVENTS AND ACTIVITIES, I AGREE AS FOLLOWS:

2.      Scope of Risks

I acknowledge that my participation in United Grappling Club Activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activities.

The risks include, among other things, the following to any and/or all body parts including but not limited to muscles, tendons, nerves, ligaments, and bones:

·        cuts and bruises;

·        tendonitis;

·        fractures;

·        bursitis;

·        sprains;

·        tears;

·        strains;

·        injury;

·        chronic pain;

·        fasciitis;

·        inflammation;

·        paresthesias;

·        fracture;

·        concussion;

·        brain contusion;

·        intracranial hemorrhage;

·        participants falling on each other resulting in injuries;

·        colliding with or striking a body part on the floor or an object at United Grappling Club;

I also acknowledge that being exposed to other people may in turn lead to exposure to dangers to my health and safety including, among other things, COVID-19, influenza, other infectious diseases that are internal or external.

United Grappling Club and its employees have difficult jobs to perform. They seek to create a safe environment, but they are not infallible. They might be unaware of a participant's health or abilities. They may give incomplete warnings or instructions and any equipment being used might malfunction. I expressly agree and promise to accept and assume all of the risks existing in the Activities. My participation in the Activities is purely voluntary and I elect to participate in spite of the risks.  

I also acknowledge that United Grappling Club does not provide any medical or first aid services. United Grappling Club and its employees, heirs, executors, agents, trainers, officials, successors, assigns, administrators, officers, directors and partners and others associated with United Grappling Club are not trained or certified medical professionals and assume no responsibility for administering any medical care to me.

3.      Release

I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless United Grappling Club and to waive any and all claims, demands, or causes of action that I have or may have in the future against United Grappling Club and to release United Grappling Club, its employees, heirs, executors, successors, trainers, assigns, administrators, officers, directors and partners from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my family, heirs, assigns, personal representatives and estate may suffer as a result of my participating in Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS' LIABILITY ACT, R.S.O. 1990 c. O. 2, AS AMENDED, ON THE PART OF UNITED GRAPPLING CLUB AND FURTHER INCLUDING THE FAILURE ON THE PART OF UNITED GRAPPLING CLUB TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES.

I agree to GIVE UP MY RIGHT TO SUE UNITED GRAPPLING CLUB, as well as its employees, heirs, executors, agents, trainers, officials, successors, assigns, administrators, officers, directors and partners for any damage, expense, physical or emotional injury, paralysis, or death that I or my family or estate may suffer as a result of my participation in the Activities, DUE TO ANY CAUSE WHATSOEVER, including negligence, the failure to warn or protect me from risks, breach of contract, breach of any other duty of care, or breach of the Occupiers’ Liability Act, R.S.O. 1990, c. O.2., as amended. I agree to waive any and all claims that I have or may have in the future against United Grappling Club, and to RELEASE UNITED GRAPPLING CLUB FROM ANY AND ALL LIABILITY for any damage, expense, injury or death.

I agree to hold harmless and indemnify United Grappling Club from any and all liability for any damage, expense, injury or death caused to any third party as a result of my participation in the Activities.

I agree that if any part of this Liability Release Form is found to be void, unenforceable, invalid, unlawful or inapplicable, the remaining sections shall remain in full force and effect.

I confirm that I have read or have had sufficient opportunity to read this Liability Release Form in its entirety. I comprehend the terms of this Liability Release Form and AGREE TO BE BOUND by the terms of this Liability Release Form.

I have had the opportunity to obtain independent legal advice regarding the terms of this Liability Release Form.

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Must be 18 years of age to sign the waiver or have a legal guardian /parent sign