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Elite Mixed Martial Arts LLC
Student Agreement, Waiver, & Release of Liability
This is a Legal Document, Read it carefully
The student, named above, wishes to enroll and participate in martial arts training, weight & fitness training, and other activities (“Martial Arts Activities”) conducted at and by the Elite MMA Companies.[1] From time to time, other instructors (including assistant instructors and guest instructors) may participate in martial art & fitness training, teaching, and activities at Elite MMA Greenway, LLC, Elite MMA Kingwood, LLC, Elite Mixed Martial Arts-Baytown, LLC, Elite Mixed Martial Arts-Memorial, LLC, and Elite Martial Arts & Fitness, Inc. In consideration for permitting the student to enroll and participate in such Martial Arts Activities, the student (acting through the student’s parent or guardian, if the student is a minor), and on behalf of his or her personal representatives, executors, administrators, heirs, next-of-kin, spouse and assigns agrees as follows:
- The Student agrees to abide by all rules governing the conduct and operation of instruction, respect other students and observers, and conduct them self in an admirable and appropriate manner both inside and outside the classroom.
- The student understands and agrees that regular attendance is expected and necessary to fully benefit from such martial arts and fitness instruction. Tuition is payable as agreed upon during sign up, and is due regardless of the number of classes attended by the student unless alternative plans are worked out between the student and Elite MMA Companies.
- The student agrees to abide by the following sparring rules: 1) No full contact striking, only light contact striking, and kicking allowed. 2) During sparring which involves striking & kicking, the student agrees to wear a mouthpiece, headgear (if doing light striking to the head), and groin protector, as necessary.
- The student acknowledges that instruction in Brazilian Jiu-Jitsu, Fitness, Thai Kickboxing, Jeet Kune Do, self-defense, karate, weight training, Bikini Boot Camp and other martial arts & fitness programs at Elite MMA Companies are for the purpose of self-defense, recreation, fitness, sport, or amateur competition only.
- The student hereby voluntarily indemnifies, releases, discharges, waives, defends, holds harmless and relinquishes any and all causes of action or claims for personal injury, property damage or wrongful death occurring to the student as a result of engaging in or receiving instructions in said activity or any activities related thereto wherever or however the same may occur and for whatever period such activities or instructions may continue.
The student makes such release and waiver on behalf of the student, the student’s heirs, executors, administrators, and assigns, and hereby releases, waives, discharges and relinquishes any cause of action or claim which may hereafter arise. The student agrees that under no circumstances will the student or the student’s heirs, executors, personal representatives, next of kin, spouse, administrators or assigns prosecute or present any claim for personal injury, property damage or wrongful death against the Elite MMA Companies and/or any other instructor providing Martial Arts Activities in connection with the Elite MMA Companies, for any claim or cause of action whatsoever, whether the same shall arise by negligence of any said persons, entities or otherwise. THIS AGREEMENT TO INDEMNIFY, RELEASE, WAIVE, DEFEND, DISCHARGE AND HOLD HARMLESS THE ELITE MMA COMPANIES EXPRESSLY INCLUDES ANY AND ALL CLAIMS, DAMAGES, OR LIABILITY OF ANY KIND FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY OR ARISING FROM THE NEGLIGENCE OF THE ELITE MMA COMPANIES, THEMSELVES, AS WELL AS ANY PERSON OR PIECE OF EQUIPMENT OWNED AND/OR OPERATED UNDER THE SUPERVISION OR NON SUPERVISION OF ANYONE AFFILIATED OR ASSOCIATED WITH THE ELITE MMA COMPANIES.
BY SIGNING THIS AGREEMENT, THE STUDENT AND/OR HIS OR HER GUARDIAN IS KNOWINGLY AND INTENTIONALLY GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE ON THE BASIS OF NEGLIGENCE INCLUDING THE ELITE MMA COMPANIES’ OWN NEGLIGENCE.
THE STUDENT AND/OR HIS OR HER GUARDIAN HAS READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. THE STUDENT’S SIGNATURE CONFIRMS THE STUDENTS UNDERSTANDING OF AND AGREEMENT TO ITS TERMS.
- The student (and the student’s guardian, if applicable) understands that the Martial Arts Activities can result in injuries, including serious injuries or even death. The Martial Arts Activities may include striking, kicking, increased heart rate, dehydration, spinal endangerment, choking, joint locks, falling and other activities, which could produce such serious injuries. Knowing these facts and in consideration of your acceptance of this form, the student voluntarily assumes the risk and danger of damage, injury or death inherent in such Martial Arts Activities. The Elite MMA Companies will exercise reasonable judgment, skill and supervision to reduce the likelihood of any such injuries. However, understanding this, the student assumes and accepts such risks and dangers of damage, injury or death inherent in such Martial Arts Activities and agrees to the waiver and release of liability stated above at paragraph 5, and understands and agrees that this is a complete waiver and release of liability of any claim against the Elite MMA Companies for any injury which may occur in the course of such Martial Arts Activities, even if such injury is caused by negligence.
- The student expressly agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity agreement is governed by the State of Texas and is intended to be as broad and inclusive as is permitted by Texas law, and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in an way and shall continue in full legal force and effect.
- Student agrees that all of their contact information and picture may be placed in the database of the Elite MMA Companies as well as the student’s picture on the Elite MMA Companies’ marketing efforts including social media and Elite MMA website.
I, the undersigned student (and the student’s guardian, if applicable), have carefully read all of the foregoing and have had the opportunity to fully discuss any questions I may have with a representative of the Elite MMA Companies including the nature of any risks or dangers associated with such martial arts activities. Having read and understood all of the above, I agree to its terms.
[1] The Elite MMA Companies include Elite Mixed Martial Arts-Greenway, LLC, Elite Martial Arts & Fitness, Inc., Elite MMA-Baytown, LLC, Elite MMA Kingwood, LLC, Elite MMA Memorial, LLC, PABJJ, their instructors, shareholders, directors, managers, members, partners, principals, investors, staff, trainers, affiliates or affiliated schools, contractors, employees and representatives, as well as additional locations, which may be added from time to time,
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