Grappling Center of Excellence LLC DBA Mountain Rollers Jiu-Jitsu

1. Introduction

This Waiver and Release of Liability Agreement ("Agreement") is entered into by and between Grappling Center of Excellence LLC DBA Mountain Rollers Jiu-Jitsu ("Gym"), located at 4615 Town Center Dr #130, Colorado Springs, CO 80916, and the undersigned participant ("Participant"). For the purposes of this waiver, 'the Gym' refers to Grappling Center of Excellence LLC DBA Mountain Rollers Jiu-Jitsu, including its owners, directors, officers, employees, agents, instructors, and affiliated entities, as well as the physical premises located at 4615 Town Center Dr #130, Colorado Springs, CO 80916 and any equipment, facilities, or property therein."

2. Acknowledgment of Risks 

Participant acknowledges and understands that Brazilian Jiu-Jitsu ("BJJ") is a physically demanding activity that involves substantial risks, including but not limited to physical injuries (e.g., sprains, fractures, dislocations, concussions), accidents, and equipment malfunction. The inherent risks also include exposure to infectious diseases, including COVID-19. Participant voluntarily assumes all risks associated with participation in BJJ training, classes, sparring sessions, tournaments, and related activities at the Gym, including risks arising from the Gym's own negligence.

Participant hereby releases, waives, discharges, and covenants not to sue Grappling Center of Excellence LLC DBA Mountain Rollers Jiu-Jitsu, its owners, directors, employees, agents, instructors, volunteers, and all other associated personnel (collectively, "Released Parties") from any and all claims, demands, causes of action, damages, and liabilities arising out of or related to any injury, illness, or death that may be sustained by Participant while participating in BJJ activities at the Gym or in connection with Gym-sponsored events, regardless of whether such injury, illness, or death is caused in whole or in part by the negligence of the Released Parties.

This waiver and release of liability shall be binding upon Participant's heirs, executors, administrators, and assigns.

3. Assumption of Risks 

Participant voluntarily assumes all risks associated with participation in BJJ training, classes, sparring sessions, tournaments, and related activities at the Gym, including any activities organized by third parties or held off-premises.

4. Waiver and Release of Liability 

Participant hereby releases and discharges the Gym, its owners, directors, employees, agents, instructors, volunteers, and all other associated personnel from any and all claims, demands, causes of action, damages, and liabilities arising out of or related to any injury, illness, or death. This release includes claims based on any negligence.

5. Medical Release 

In the event of an injury or medical emergency, Participant authorizes the Gym to seek medical treatment on their behalf. Participant acknowledges the Gym is not obligated to provide medical services and that any medical expenses incurred are the sole responsibility of the Participant.

6. Photo and Video Release 

Participant grants the Gym the right to use photographs, videos, and other media of the Participant taken during any and all classes, events or activities on or off premises for promotional and marketing purposes without compensation. Participant waives any rights to inspect or approve the final product and any claims for compensation.

7. Code of Conduct and Sexual Harassment Policy 

Participant agrees to adhere to the Gym's code of conduct, which includes respectful behavior towards all members and staff. The Gym maintains a zero-tolerance policy towards sexual harassment and inappropriate conduct. Any such behavior will result in disciplinary action, up to and including expulsion from the Gym.

8. Injury During Tournaments and Events 

Participant acknowledges that the Gym is not responsible for injuries or damages sustained during tournaments, competitions, or events organized by the gym or third parties, including injuries occurring during travel to and from such events. This includes travel in motor vehicles operated by the Gym's coaches, staff, owners, or other participants. Participant assumes all risks associated with such travel, including but not limited to accidents, vehicle malfunctions, or negligent driving.

9. Indemnification Participant agrees to indemnify, defend, and hold harmless the Gym, its owners, directors, employees, agents, instructors, volunteers, and all other associated personnel from and against any and all claims, demands, losses, liabilities, damages, expenses (including reasonable attorney's fees), and causes of action arising out of or relating to:

• Participant's participation in BJJ activities at the Gym or in connection with Gym-sponsored events;

• Participant's use of the Gym's facilities or equipment;

• Any breach of this Agreement by Participant;

• Any act or omission of Participant, whether negligent or otherwise.

By participating in Brazilian Jiu-Jitsu training and activities, Participant acknowledges and understands that the Gym is not responsible for any actions taken by its members outside of the Gym premises, including but not limited to the use of Brazilian Jiu-Jitsu techniques. The Gym, its instructors, staff, and affiliates are not responsible for injuries, damages, or legal actions arising from the application or demonstration of BJJ techniques outside of the Gym's control or jurisdiction.

10. Governing Law and Jurisdiction This Agreement shall be governed by the laws of the State of Colorado. Any disputes arising from this Agreement shall be resolved in the courts of El Paso County, Colorado.

11. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.

12. Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from the Agreement and the remaining provisions shall remain in full force and effect.

13. Acknowledgment and Signature Participant acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement. If the Participant is a minor, this form must be signed by a parent or legal guardian.