TMC BJJ LIABILITY WAIVER, RELEASE, AND INDEMNITY AGREEMENT
This Liability Waiver, Release, and Indemnity Agreement (this "Agreement") is entered into by and between the undersigned individual, or the legal guardian of such individual ("Participant") and TMCBC, LLC, a Kansas limited liability company located at 6741 W. 135th Street, Unit A69, Overland Park, Kansas 66223 ("TMC BJJ").
1. Risks: Participant acknowledges that participating in Brazilian Jiu Jitsu, related martial arts activities, and other activities offered by TMC BJJ from time to time (collectively, the "Activities") each carry inherent risks, including, but not limited to, physical injury, permanent disability, death, and property damage. Participant also acknowledges that using the recovery center carries inherent risks, including but not limited to physical injury, permanent disability, severe burns, death, and property damage. Participant willingly and voluntarily assumes all such risks and any related risks, has undertaken independent investigation related to such risks, and has consulted with third-party medical professionals with respect to such risks and the risk of participation in Activities.
2. Certification of Health: By signing below, Participant hereby certifies that (1) Participant possesses a sufficient degree of physical fitness to participate in Brazilian Jiu Jitsu and any other Activity; (2) Participant understands that Participant may choose to discontinue any Activity at any time Participant feel’s undue discomfort or stress; and (3) Participant will indicate verbally to the TMC BJJ instructor prior to Participant’s participation in any Activity, any health concerns that might affect Participant’s ability to safely participate in such Activity. Participation in any Activity by Participant hereafter will be considered a temporal recertification of all statements made in this Section with respect to such Activity.
3. Waiver and Release: Participant hereby waives, releases, discharges, and holds harmless TMC BJJ, its affiliates, subsidiaries, officers, directors, employees, agents, and volunteers (collectively, "Releasees") from any and all liability, loss, damage, claims, demands, actions, and causes of action whatsoever arising out of or related to this Agreement, Participant’s participation in Activities, or any loss, injury (including death), or property damage occurring while on the premises of TMC BJJ, including without limitation, while participating in Activities or using the recovery center.
4. Indemnification: Participant agrees to indemnify, defend, and hold harmless the Releasees from any loss, liability, damage, or costs, including court costs and attorneys' fees, arising out of or related to this Agreement, Participant’s participation in Activities, or any loss, injury (including death), or property damage occurring while on the premises of TMC BJJ, including without limitation, while participating in Activities or using the recovery center, whether caused by the negligence of Participant or any third-party, or otherwise.
5. Medical Treatment: Participant hereby consents to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during Activities. Sections 3 and 4 of this Agreement extends to any liability arising out of or in any way connected with such medical treatment.
6. Terms and Conditions: Participant agrees to comply with the rules, regulations, and instructions of TMC BJJ during all Activities. If Participant fails to comply, TMC BJJ reserves the right to terminate Participant's access to Activities, without any refund.
7. Personal Belongings: TMC BJJ is not responsible for any lost, stolen, or damaged personal items brought by Participant to the premises.
8. Insurance: Participant understands that TMC BJJ does not carry participant insurance and that all costs and liability incurred for medical care are Participant's responsibility.
9. Severability: If any clause, sentence, paragraph, or part of this Agreement, or the application thereof, shall be held by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder of the Agreement.
This Agreement shall be binding upon the Participant and the Participant's heirs, next of kin, executors, and personal representatives. By signing below, the Participant affirms that they are at least 18 years of age, or, if not, that they have secured below the signature of their parent or guardian as well as their own. The Participant has read this Agreement, fully understands its terms, and signs it voluntarily.
Parent/Guardian: In exchange for TMC BJJ allowing my minor child to participate in Activities, I agree to this Liability Waiver, Release, and Indemnity Agreement on behalf of such minor child and on behalf of myself as the guardian of such minor child, with respect to all Activities. I further agree to defend, indemnify, and hold harmless TMC BJJ to the fullest extent permitted by law for any and all loss, cost, liability, claims, demands, actions, causes of action or the like related to the Activities. I hereby certify on behalf of and with respect to my minor child as to all statements in Section 2 hereof. I understand that any minor child under the age of 16 must be accompanied by an adult at all times while on any TMC BJJ premises.
Please sign Here to Agree to the terms and conditions of this Waiver Form:
Parent/Guardian Signature if under 18 years of age