WAIVER OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT
This WAIVER OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT is incorporated by reference to the HYBRID JIUJITSU MEMBERSHIP AGREEMENT/RECURRING PAYMENT AUTHORIZATION.
Waiver. In consideration of use, today and on all future dates, the services of Canuto Ventures LLC dba Hybrid Jiujitsu (“Gym”) I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue the Gym, and their respective affiliates, parents, subsidiaries, officers, directors, employees, agents, successors and assigns from liability from any and all claims including negligence of the Gym resulting in personal injury, accidents or illness (including death), and property loss arising from, but not limited to, individual use and/or participation in activities, observation, and use of the Gym, premises or equipment.
Assumption of Risks: Physical and combat training activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The Gym involves individual use and activities related to combat training, sporting activities and physical training. The specific risks vary from one activity to another, but the risks range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; (3) catastrophic injuries including paralysis.
Release, Waiver of Liability, and Assumption of Risk. In consideration of the opportunity afforded Member to participate in activities with at the Gym, Member hereby releases and forever discharges the Gym from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from or in connection with activities within or about the Gym or while using the Gym’s services. Member understands that this release discharges the Gym from any liability or claim that Member may have against the Gym with respect to any bodily injury, personal injury, illness, death, property loss, or property damage that may result from participation in activities within or about the Gym or while using the Gym’s services. Member understands and acknowledges that potential risks to health and personal property may be associated with participation in the activities, and Member voluntarily assumes those risks.
Medical Treatment and Preexisting Medical Conditions. Member hereby releases and forever discharges the Gym from any liabilities, claims, costs and damages that arise or may hereafter arise on account of any first aid, medical treatment, or service rendered to Member in connection with the activities within the Gym. Member will take for herself or himself any appropriate precautions or medications to treat and/or reduce the likelihood of exacerbating any preexisting health conditions, or insect, food or medication allergies. I have read the previous paragraphs and I know, understand and appreciate these and other risks that are inherent in the activities within the Gym. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Indemnification. Member agrees to indemnify and defend the Gym against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from Member or Member's family use of or presence upon the facilities of the Gym.
Severability. The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Nevada and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Other. This release shall be binding and legally enforceable against Member and Member’s heirs, executors, administrators, and legal representatives. This release shall be governed by and interpreted in accordance with the laws of the State of Nevada. In the event that any clause or provision of this release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this release.
Directions. Member agrees to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by the Gym and its employees, representatives or agents.
Acknowledgement of Understanding. I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.