Waiver and Release for Martial Arts Training
This document affects your legal rights. Read carefully before signing.
Definitions
- Participant: The individual engaging in martial arts activities at Gracie Jiu-Jitsu Pearland
- Signer: The individual agreeing to these terms
- If participant is under 18: Parent or legal guardian must sign
- If participant is 18 or older: Participant must sign
- Activities: All martial arts training, classes, events, and related activities at Gracie Jiu-Jitsu Pearland
Condition of Participation
Participation in Activities at Gracie Jiu-Jitsu Pearland requires acceptance of all terms in this agreement. If you do not agree to these terms, do not sign this document and do not participate.
Medical and Physical Condition Requirements
Physical Fitness Declaration
Participant represents that they are in good physical condition and capable of participating in strenuous physical activity. Participant has no medical conditions that would prevent safe participation in martial arts training.
Medical Disclosure
Participant must disclose in writing any:
- Physical limitations or medical conditions
- Injuries or surgeries that may affect participation
- Medications that may impair judgment or physical ability
- Physician restrictions on physical activity
Medical Consultation
Participant acknowledges they should consult a physician before beginning martial arts training, particularly if they have any medical concerns or are over age 35.
Ongoing Medical Responsibility
Participant agrees to:
- Stop participating immediately if feeling unwell or experiencing pain
- Report any injuries sustained during training to staff immediately
- Not participate while under medical restriction
Substance Use Policy
Participant agrees not to participate in Activities while under the influence of alcohol, illegal drugs, or prescription medications that impair judgment, coordination, or reaction time. Violation of this policy may result in immediate expulsion without refund.
Risk Acknowledgment
Physical Risks
Martial arts training involves inherent and significant risks, including but not limited to:
- Cuts, bruises, sprains, and muscle strains
- Broken bones and joint injuries
- Concussion and other head injuries
- Neck and spinal injuries, including paralysis
- Injuries from strikes, throws, and takedowns
- Injuries from joint locks and submission techniques
- Strangulation and loss of consciousness
- Overexertion, dehydration, and heat-related illness
- Permanent disability or disfigurement
- Death
Equipment and Facility Risks
Participant acknowledges that:
- Training equipment may malfunction, break, or fail
- Mats and training surfaces may have defects or become slippery
- Protective equipment reduces but does not eliminate injury risk
- Facility conditions may present hazards
Health and Infectious Disease Risks
Training may expose participants to:
- Skin infections and bacterial diseases including MRSA and staph
- Viruses and other transmissible diseases
- Blood-borne pathogens from contact with bodily fluids
Property Damage Risks
Participation may result in:
- Damage to participant's clothing, jewelry, or personal property
- Loss or theft of personal belongings
- Participant liability for damage to gym property or equipment
Illness Policy
Participants must not attend training if they:
- Are currently ill or displaying symptoms of any contagious illness
- Have been in close contact with someone who is ill within the recommended isolation period
- Are experiencing symptoms including but not limited to: fever, respiratory symptoms, gastrointestinal symptoms, unusual fatigue, or loss of taste or smell
Management reserves the right to exclude participants displaying symptoms of illness.
Participant Responsibilities
Participants must:
- Follow all safety rules and instructor directions
- Only participate when medically able and properly trained
- Communicate any physical limitations or medical restrictions in writing
- Report unsafe conditions or equipment problems immediately
- Report any injuries sustained during training immediately
- Maintain current medical insurance coverage
- Respect other participants and avoid unnecessary aggression
- Comply with facility policies regarding personal belongings and cleanliness
Authority and Age Verification
Signing Authority
Signer represents that they have full legal authority to enter into this agreement. For minors, the signer represents that they are the participant's parent or legal guardian with authority to bind the minor.
Age Verification
Signer confirms that all age information provided is accurate and that proper identification has been provided if requested.
Assumption of Risk and Release
Voluntary Participation and Risk Assumption
Participant voluntarily engages in Activities with full knowledge of their inherent dangers. Participant assumes all risks associated with participation, whether arising from:
- Participant's own actions, negligence, or lack of skill
- Actions, negligence, or lack of skill of other participants, instructors, or staff
- Equipment failure, malfunction, or defective condition
- Facility conditions including surfaces, lighting, or ventilation
- Travel to and from the facility
- Unforeseeable circumstances
Release from Liability
Participant releases Gracie Jiu-Jitsu Pearland and all associated parties (owners, instructors, employees, agents, contractors, representatives, and other participants) from all claims, demands, and causes of action arising from participation, including those resulting from ordinary negligence.
Indemnification
Participant agrees to defend, indemnify, and hold harmless Gracie Jiu-Jitsu Pearland from any claims brought by third parties related to participant's involvement in Activities, including legal fees and costs.
Property Damage Release
Participant releases Gracie Jiu-Jitsu Pearland from liability for damage to or loss of personal property and agrees to be responsible for any damage participant causes to gym property.
Binding Effect
This agreement binds participant's heirs, assigns, legal representatives, and estate in perpetuity.
Emergency Medical Authorization
Participant authorizes Gracie Jiu-Jitsu Pearland to:
- Provide emergency first aid, CPR, or AED use
- Administer emergency medication
- Arrange emergency medical transportation
- Authorize emergency medical treatment when participant cannot consent
Participant assumes all associated costs and releases Gracie Jiu-Jitsu Pearland from liability related to emergency medical decisions.
Duration and Modification
Agreement Duration
This agreement remains in effect for all future participation in Activities at Gracie Jiu-Jitsu Pearland until superseded by a new agreement or terminated in writing.
Policy Changes
Gracie Jiu-Jitsu Pearland reserves the right to modify facility policies. Continued participation after policy changes constitutes acceptance of new policies.
Agreement Updates
This waiver may only be modified by written agreement signed by both parties. Updated waivers supersede previous versions.
Additional Provisions
Background Check Policy
Gracie Jiu-Jitsu Pearland reserves the right to refuse service to individuals convicted of sex crimes or violent felonies.
Recording and Photography
- Security cameras may record activities throughout the facility
- Gracie Jiu-Jitsu Pearland may photograph or video record classes and participants
- Participant grants Gracie Jiu-Jitsu Pearland unlimited, perpetual rights to use participant's likeness for promotional, advertising, or commercial purposes without compensation
- Photography or recording by non-employees requires prior written permission
Class Action and Dispute Resolution
Participant waives the right to participate in class action lawsuits against Gracie Jiu-Jitsu Pearland and agrees that any disputes must be resolved individually. Participant agrees to pursue claims through individual litigation only.
Legal Framework
- This agreement is governed by Texas law
- Legal proceedings must be filed in Brazoria County, Texas
- Prevailing party in litigation is entitled to reasonable attorney fees and costs
Severability
If any provision is deemed invalid or unenforceable, the remaining provisions remain in full effect. Courts should construe this agreement to provide maximum protection to Gracie Jiu-Jitsu Pearland while remaining legally enforceable.
Minor Participants
For participants under 18, the signing parent or guardian:
- Assumes full financial responsibility for claims and costs
- Agrees to indemnify Gracie Jiu-Jitsu Pearland to the fullest extent permitted by law
- Acknowledges that certain rights of the minor may not be waivable under Texas law
Facility Independence
Gracie Jiu-Jitsu Pearland operates independently under license from Gracie Global LLC. It is not owned, operated, or managed by Gracie Global LLC, Rener Gracie, Ryron Gracie, or members of the Gracie family.
Final Agreement and Acknowledgment
This document supersedes all previous agreements regarding martial arts training. By signing, participant and signer confirm they have:
- Read and understood all terms completely
- Had adequate opportunity to ask questions and seek legal counsel
- Voluntarily chosen to accept all risks and responsibilities
- Been informed of safer alternative activities
- Not been pressured or coerced into signing
- Provided accurate information regarding age, medical condition, and authority to sign
- Agreed to follow all facility safety protocols
Participant acknowledges that substantial legal rights are waived by signing this agreement and that they are giving up the right to sue for ordinary negligence.
Initials: I have read, understood, and agree to all terms and acknowledge that I am waiving substantial legal rights.
Participant Name: {name}
Participant Date of Birth: {dob}
Date: {sign_date}